Harrison County License Hearing Guide

Harrison DUI License Suspension & ALR Hearing: What You Need To Know NOW

Being arrested for a DUI in Harrison, Ohio can be a frightening and confusing experience. Beyond the potential criminal penalties, you face the immediate threat of losing your driver's license. This guide is designed to provide you with the critical information you need to navigate the administrative process of license suspension after a DUI arrest in Harrison, Ohio. It's crucial to understand that the administrative license suspension (ALS) process is separate from your criminal case. While the criminal court will determine your guilt or innocence regarding the DUI charge, the Ohio Bureau of Motor Vehicles (BMV) can suspend your license based on your arrest, regardless of the outcome of the criminal case.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

Time is of the essence! If you want to challenge the suspension of your driver's license, you must request an Administrative License Revocation (ALR) hearing within 15 days of your DUI arrest. This deadline is absolutely critical, and missing it will result in an automatic suspension of your driving privileges.

Where to Request the Hearing:

You must request your ALR hearing through the Ohio Bureau of Motor Vehicles (BMV).

How to Request the Hearing:

Unfortunately, the method for requesting an ALR hearing in Ohio can be complex and is best handled with the assistance of an attorney. It typically involves submitting a written request to the BMV.

What Happens If You Miss the Deadline:

If you fail to request a hearing within 15 days, your license will be automatically suspended. There are very few exceptions to this rule, so don't delay! Contact a DUI attorney in Harrison immediately to ensure your request is filed correctly and on time.

Automatic License Suspension

Upon being arrested for DUI in Harrison, Ohio, your license is subject to an automatic suspension, pending the outcome of your ALR hearing. The length of this suspension depends on whether you took a breath/blood test and, if so, the results.

If You Took the Breath/Blood Test and Failed

If you took a breath or blood test and your Blood Alcohol Content (BAC) was 0.08% or higher, the BMV will impose a suspension. The exact suspension period varies based on prior offenses and other aggravating factors, but a typical first offense with a BAC over 0.08% can result in a suspension.

You may have been issued a temporary permit at the time of your arrest. This permit is valid until your ALR hearing, or until the suspension officially begins if you don't request a hearing or if the suspension is upheld after the hearing.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test carries a significantly harsher penalty in Ohio. This is due to Ohio's implied consent law.

Implied Consent Law in Ohio:

Ohio operates under 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 comply with this request results in an automatic license suspension, even if you are ultimately found not guilty of the DUI charge itself.

The suspension period for refusing a test is typically longer than the suspension for failing a test.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a crucial step in protecting your driving privileges.

What It Is

The ALR hearing is a separate proceeding from the criminal case related to your DUI arrest. It is conducted by the Ohio BMV, and its sole purpose is to determine whether the administrative suspension of your license is warranted.

It is important to note that the burden of proof in an ALR hearing is lower than in a criminal trial. The BMV only needs to demonstrate that there was probable cause for the arrest and that you either failed or refused a chemical test.

How to Prepare

Proper preparation is essential for a successful ALR hearing. Here are some steps you can take:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, video footage (if available), or documentation that challenges the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Harrison County can be invaluable. They can navigate the complex legal procedures, represent you at the hearing, and present the strongest possible defense. They understand the nuances of Ohio DUI law and can identify potential weaknesses in the BMV's case.
• Understand What You Can Challenge: You can challenge various aspects of the BMV's case, including:
• Whether the officer had probable cause to stop you.
• Whether you were properly advised of your rights regarding chemical testing.
• Whether the breath or blood test was administered correctly.
• Whether the testing equipment was properly calibrated and maintained.

Possible Outcomes

The ALR hearing can have one of three primary outcomes:

• Suspension Upheld: If the BMV proves its case, your license suspension will be upheld.
• Suspension Overturned: If you successfully challenge the BMV's evidence, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for limited purposes, such as work, school, or medical appointments. This is more likely after a portion of your suspension has been served.

Hardship/Restricted License in Ohio

Even if your license is suspended, you may be eligible for a hardship or restricted license in Ohio. This allows you to drive for essential purposes, such as:

• Work: Driving to and from your place of employment.
• School: Attending classes or educational programs.
• Medical: Attending medical appointments for yourself or a dependent.

Eligibility Requirements:

The eligibility requirements for a hardship license vary depending on the circumstances of your case. Generally, you must:

• Have served a certain portion of your suspension period.
• Demonstrate a genuine need for driving privileges.
• Not have any prior DUI convictions within a certain timeframe.
• Comply with any other requirements imposed by the court or BMV.

Costs and Application Process:

The application process for a hardship license typically involves filing a petition with the court and providing documentation to support your need for driving privileges. There are also associated fees. A DUI attorney can assist you with this process.

IID Requirement:

In many cases, obtaining a hardship license requires the installation of an Ignition Interlock Device (IID) in your vehicle. This device requires you to blow into it before starting your car, and it prevents the car from starting if it detects alcohol.

Getting Your License Back

After your criminal case concludes (regardless of the outcome) and your administrative suspension period has ended, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

Reinstatement requirements vary depending on the specifics of your case, but typically include the following:

• Reinstatement Fees: Paying all required reinstatement fees to the BMV.
• SR-22 Insurance Requirement: Obtaining SR-22 insurance, which is a certificate of financial responsibility that demonstrates you have adequate auto insurance coverage. You may be required to maintain SR-22 insurance for several years.
• Classes/Programs That Must Be Completed: Completing any court-ordered or BMV-mandated alcohol education or treatment programs.

Harrison DMV Offices

Unfortunately, Harrison, Ohio, being an unincorporated community, does not have its own dedicated BMV office. The nearest BMV locations are likely in surrounding counties. You will need to check the Ohio BMV website (www.bmv.ohio.gov) for the most up-to-date information on locations and hours of operation.

Special Programs

Ohio offers several special programs that may be relevant to your DUI case:

• Ignition Interlock Device Program: As mentioned earlier, the IID program allows you to drive with an IID installed in your vehicle, often as a condition of a hardship license or early reinstatement.
• Occupational License: An occupational license is a type of restricted license that allows you to drive for work-related purposes.

Disclaimer: This information is for general guidance only and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Harrison, Ohio, to discuss the specific details of your case and to receive personalized legal advice. Time is of the essence, so contact a lawyer as soon as possible after your DUI arrest.