Highland County License Hearing Guide

Highland DUI License Suspension & ALR Hearing: What You Need to Know NOW

If you've just been arrested for Driving Under the Influence (DUI) in Highland County, Ohio, you're likely feeling overwhelmed and uncertain about the future. One of your immediate concerns is undoubtedly your driver's license. It's crucial to understand that your driver's license is at risk separate from any criminal charges you might face. This is due to Ohio's administrative license suspension process. This guide provides the urgent, practical information you need to understand the process and protect your driving privileges.

Your License After a DUI Arrest in Highland

A DUI arrest in Highland County triggers two separate legal processes:

• Criminal Court: This deals with the actual DUI charges. If convicted, you could face fines, jail time, community service, and a longer license suspension.
• Administrative License Suspension (ALS): This is handled by the Ohio Bureau of Motor Vehicles (BMV) and is entirely separate from the criminal case. It determines whether your license will be suspended based on the circumstances of your arrest – specifically, your Blood Alcohol Content (BAC) or refusal to submit to testing.

This guide focuses on the Administrative License Suspension (ALS) process and the steps you need to take immediately to potentially save your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have a very limited time to act! After a DUI arrest in Highland, Ohio, you have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license.

Where to Request: You must request the hearing from the Ohio Bureau of Motor Vehicles (BMV).

How to Request:

• Online: Check the Ohio BMV website (bmv.ohio.gov) for online hearing request options. This is often the fastest and most efficient method.
• Phone: Contact the Ohio BMV's customer service line. Be prepared to provide your driver's license information and details about your DUI arrest. Inquire about the specific procedure for requesting an ALR hearing by phone.
• Mail: While less common, you may be able to request a hearing by mail. Obtain the correct address from the Ohio BMV website and send a certified letter with return receipt requested to ensure proof of delivery. The letter should clearly state that you are requesting an ALR hearing regarding your DUI arrest on [Date of Arrest] in Highland County, Ohio. Include your full name, driver's license number, and current address.

What Happens if You Miss the Deadline: If you fail to request an ALR hearing within the 15-day deadline, your license will be automatically suspended. This suspension will begin a specific number of days after your arrest (you should have received notice of this date at the time of arrest). Missing this deadline significantly reduces your chances of retaining your driving privileges.

Automatic License Suspension

The Ohio BMV will automatically initiate a license suspension based on the results of your breath, blood, or urine test, or if you refused to take a test.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your BAC was 0.08% or higher, your license will be suspended. The length of the suspension varies depending on prior offenses and the level of your BAC. Expect at least a 90-day suspension for a first offense, potentially longer.
• Temporary Permit: You may have been issued a temporary permit at the time of your arrest. This permit is usually valid until your ALR hearing or until the date your suspension is scheduled to begin, whichever comes first.

If You Refused Testing

• Refusal Penalty: Ohio 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. Refusing to take a breath, blood, or urine test carries a significantly harsher penalty than failing the test. The suspension for refusing a test is typically much longer than the suspension for failing a test – often a year or more for a first refusal.
• Implied Consent Law in Ohio: Ohio's implied consent law means refusal to submit to testing can result in an immediate and lengthy license suspension, even if you are ultimately acquitted of the DUI charges in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a crucial opportunity to challenge the administrative suspension of your driver's license. It is separate and distinct from your criminal DUI case.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa. However, evidence presented at the ALR hearing may be relevant to your criminal case.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Ohio BMV had sufficient legal grounds to suspend your driver's license based on the circumstances of your DUI arrest.
• 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 that it is more likely than not (a "preponderance of the evidence") that you were driving under the influence or refused to submit to testing.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements from passengers or other individuals who observed you before your arrest.
• Video footage from dashcams or surveillance cameras.
• Medical records that explain any medical conditions that might have affected your performance on field sobriety tests.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Highland County can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the legal procedures, can gather and present evidence effectively, and can cross-examine witnesses.
• Understand What You Can Challenge: Common challenges in an ALR hearing include:
• Whether the police officer had probable cause to stop you.
• Whether the police officer properly administered the field sobriety tests.
• Whether the breath or blood test was properly administered and the results are accurate.
• Whether you were properly informed of your rights and the consequences of refusing to submit to testing.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the BMV had sufficient grounds to suspend your license, the suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the BMV did not have sufficient grounds to suspend your license, the suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, 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. This allows you to drive for specific, essential purposes.

• Eligibility Requirements: Eligibility requirements vary depending on the length of your suspension and whether you have prior DUI offenses. Generally, you must demonstrate a genuine need to drive for work, school, medical appointments, or other essential activities.
• What You Can Drive For: Restricted licenses typically allow you to drive only to and from work, school, medical appointments, and court-ordered treatment programs.
• Costs and Application Process: The application process for a restricted license involves filing a petition with the court and providing documentation to support your need to drive. There are associated filing fees.
• IID Requirement: Depending on the circumstances of your DUI arrest and your prior record, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

After your suspension period is over and the criminal case is resolved, you will need to take specific steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the length of your suspension and the specifics of your case. Generally, you will need to:
• Pay a reinstatement fee to the Ohio BMV.
• Provide proof of insurance.
• Complete any court-ordered classes or programs, such as a DUI education course.
• Fees: The reinstatement fee varies depending on the length of your suspension and the number of prior offenses.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of three years.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education course or participate in a substance abuse treatment program.

Highland County DMV Offices

Information will be added as it becomes available. Please check the Ohio BMV website (bmv.ohio.gov) for the most up-to-date information on Highland County DMV locations and hours.

Special Programs

Information will be added as it becomes available. Check the Ohio BMV or consult with a DUI attorney for information on specific programs.

Disclaimer: This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Highland County, Ohio, to discuss the specific details of your case and receive personalized legal guidance. Time is of the essence – contact an attorney today to protect your rights and your driving privileges.