Hancock County License Hearing Guide

Hancock DUI License Suspension & ALR Hearing: Don't Lose Your Driving Privileges

A DUI arrest in Hancock, Ohio, can be a frightening and confusing experience. One of the first things you need to understand is that a DUI charge involves two separate legal processes: a criminal case in court and an administrative action against your driver's license. This guide focuses on the administrative side, specifically the license suspension and the Administrative License Revocation (ALR) hearing. Time is of the essence! You have a very limited window to act to potentially save your driving privileges.

Your License After a DUI Arrest in Hancock

After being arrested for DUI in Hancock County, your driver’s license is immediately at risk. The officer likely confiscated your license and issued you a temporary permit. This temporary permit is not a guarantee you can continue driving. It's crucial to understand the difference between the criminal case, where guilt or innocence is determined, and the administrative process, which determines whether your license will be suspended. The ALR hearing is part of this administrative process.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

This is the single most important piece of information you need to know: You have only 15 days from the date of your DUI arrest to request an ALR hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline means an automatic suspension takes effect.

• Where to Request: You need to request this hearing from the Ohio Bureau of Motor Vehicles (BMV). While the Ohio BMV oversees driver licensing, the ALR process is typically handled through a separate administrative division.

• How to Request: The best way to request a hearing is to contact the Ohio BMV directly. Check their website (usually ohio.gov/bmv) for specific instructions on requesting an ALR hearing. You may be able to do this online, by phone, or by mail. It is strongly recommended to request the hearing in writing (even if you also call) and keep a copy of your request and proof of mailing. This provides documentation that you met the deadline.

• What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule, so act quickly!

Automatic License Suspension

Even if you request an ALR hearing, an automatic license suspension is triggered by certain circumstances related to your DUI arrest.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your breath or blood test results showed a Blood Alcohol Content (BAC) of 0.08% or higher, your license will be suspended. The length of the suspension varies based on prior DUI offenses and other factors. Expect a suspension of at least 90 days, potentially longer for repeat offenders.
• Temporary Permit: The temporary permit issued at the time of your arrest is valid only until your ALR hearing or until the automatic suspension begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a significantly harsher penalty than failing the test. In Ohio, refusing a test results in a longer license suspension than failing the test. Expect a suspension of at least one year for a first offense refusal.
• Implied Consent Law in Ohio: Ohio, like most states, has an "implied consent" law. This means that by driving on Ohio roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in the suspension of your driver's license, even if you are not ultimately convicted of DUI in the criminal case.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate proceeding from your criminal DUI case. Its sole purpose is to determine whether the Ohio BMV was justified in suspending your driver's license.

• Separate from Criminal Court: The outcome of the ALR hearing does not determine your guilt or innocence in the criminal DUI case. You can lose the ALR hearing and still be found not guilty in criminal court, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will decide if there was probable cause for the DUI arrest and if you were lawfully requested to submit to a chemical test.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The BMV only needs to show "preponderance of the evidence" (more likely than not) that the suspension is justified.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Gather any evidence that could support your case, such as witness statements, video footage (if available), or documentation of medical conditions that might affect BAC readings.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Hancock County can be invaluable in preparing for your ALR hearing. They can review the evidence against you, advise you on your legal options, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the officer had reasonable suspicion to stop your vehicle.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly informed of your rights regarding chemical testing.
• Whether the breath or blood test was administered correctly.
• The accuracy of the breath or blood test results.

Possible Outcomes

• Suspension Upheld: The hearing officer finds that the suspension was justified, and your license remains suspended.
• Suspension Overturned: The hearing officer finds that the suspension was not justified, and your license is reinstated.
• Restricted/Hardship License Granted: The hearing officer may grant a restricted or hardship license, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Ohio

Even if your license is suspended, you may be eligible for a hardship or restricted license in Ohio.

• Eligibility Requirements: Requirements vary depending on the circumstances of your case, including the length of the suspension and whether you have prior DUI offenses. Generally, you must demonstrate a need to drive for essential purposes, such as work, school, or medical appointments.
• What You Can Drive For: A restricted license typically allows you to drive only to and from specific locations, such as your workplace, school, or doctor's office.
• Costs and Application Process: There are fees associated with applying for a restricted license. The application process involves submitting documentation to the Ohio BMV and potentially appearing before a judge.
• IID Requirement: Ohio law may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license, especially if your BAC was high or if you have prior DUI offenses.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you still need to navigate the criminal case. The outcome of the criminal case can impact the length of your license suspension and other penalties.

• Reinstatement Requirements: After your suspension period ends, you will need to meet certain requirements to reinstate your driver's license.
• Fees: You will likely need to pay a reinstatement fee to the Ohio BMV.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your case, you may be required to complete a DUI education program or other court-ordered programs.

Hancock DMV Offices

[Note: No specific Hancock DMV office information is available. Check the Ohio BMV website (ohio.gov/bmv) for the nearest location and hours of operation. Be sure to verify hours before visiting.]

Special Programs

• Ignition Interlock Device Program: Ohio has a mandatory IID program for certain DUI offenders. This requires the installation of a device in your vehicle that prevents it from starting if you have alcohol on your breath.
• Occupational License: This may be available if you have a commercial driver's license and are facing a suspension. This is often more complex and will require legal counsel.
• Any state-specific programs: Check with the Ohio BMV or a local DUI attorney for any state-specific programs that may be available to you.

Disclaimer: This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Hancock County to discuss your specific situation and legal options. Time is critical! Act quickly to protect your driving privileges.