Licking County License Hearing Guide

Licking DUI License Suspension & ALR Hearing: Act Fast to Save Your License

A DUI arrest in Licking, Ohio can be a frightening experience, and one of the first things you're likely worried about is your driver's license. It's crucial to understand that there are two separate legal processes at play: the criminal case in court, and an administrative process handled by the Ohio Bureau of Motor Vehicles (BMV) regarding your driving privileges. This guide focuses on the administrative process, specifically the potential license suspension and the Administrative License Revocation (ALR) hearing, and what you need to do immediately to protect your ability to drive. This is time-sensitive, so read carefully.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

After a DUI arrest in Licking County, you face an automatic administrative license suspension. However, you have the right to challenge this suspension at an Administrative License Revocation (ALR) hearing. The most important thing you need to know is that you must request this hearing within FIFTEEN (15) days of your arrest. Missing this deadline means your license will be automatically suspended, no questions asked.

Where to Request the Hearing:

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

How to Request the Hearing:

While methods may vary slightly, the best way to ensure your request is received and documented is to send it in writing via certified mail, return receipt requested. This provides proof that you submitted your request on time. Check the official Ohio BMV website for the most up-to-date instructions and any online submission options that may be available. You may also attempt to request the hearing by phone, but always follow up with written confirmation to protect yourself.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days of your DUI arrest, your license will be automatically suspended. This is a strict deadline, and there are very few exceptions. Don't delay! Contact an attorney immediately if you are unsure of the process.

Automatic License Suspension

The Ohio BMV will automatically suspend your license based on the circumstances of your DUI arrest. The length of the suspension depends on whether you submitted to a breath, blood, or urine test, and if so, what the results were.

If You Took the Breath/Blood Test and Failed

If you took a breath, blood, or urine test and your Blood Alcohol Content (BAC) was over 0.08, your license will be suspended. The length of the suspension varies depending on the specific BAC level and any prior DUI offenses. You will receive a notice of suspension outlining the specific duration.

Your temporary permit, issued at the time of your arrest, is typically valid until your ALR hearing or until the date the suspension officially begins, whichever comes first. Be sure to check the expiration date on your temporary permit.

If You Refused Testing

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. Refusing to take a breath, blood, or urine test results in a much longer license suspension than failing the test. The penalties for refusal are severe and can significantly impact your ability to drive.

Refusal suspensions are generally longer than suspensions for failing a test. This is because the state views refusal as an obstruction of justice. You'll face a longer period without driving privileges.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the administrative license suspension. It's a separate process from your criminal court case.

What It Is

The ALR hearing is an administrative hearing held before a hearing officer from the Ohio BMV. The purpose of the hearing is to determine whether the state had probable cause to arrest you for DUI and whether you were driving with a BAC over the legal limit or refused to submit to testing.

It's important to understand that the burden of proof in an ALR hearing is lower than in a criminal trial. The state only needs to show "probable cause" rather than "beyond a reasonable doubt."

How to Prepare

Preparation is key to a successful ALR hearing. Here are some steps you should take:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, video footage (if available), or any documentation that contradicts the police officer's report.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Licking County can represent you at the ALR hearing, present evidence on your behalf, and cross-examine witnesses. They understand the intricacies of Ohio DUI law and can significantly improve your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge the following at the ALR hearing:
• Whether the police officer had probable cause to stop you.
• Whether you were lawfully arrested for DUI.
• Whether you were informed of your rights regarding chemical testing.
• Whether your BAC was over the legal limit.
• Whether you refused to submit to testing.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: The hearing officer finds that the state had sufficient evidence to suspend your license, and the suspension remains in effect.
• Suspension Overturned: The hearing officer finds that the state did not have sufficient evidence to suspend your license, and your license is reinstated.
• Restricted/Hardship License Granted: While not always an option at the ALR hearing itself, the hearing officer may make recommendations regarding eligibility for a hardship license. This allows 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 essential purposes, such as getting to work, school, or medical appointments.

• Eligibility Requirements: Eligibility requirements vary depending on the length of the suspension and the specific circumstances of your case. Generally, you must demonstrate a need to drive for essential purposes.
• What You Can Drive For: A hardship license typically restricts you to driving for work, school, medical appointments, or other essential needs.
• Costs and Application Process: Applying for a hardship license involves submitting an application to the court and paying a fee. You may also need to provide documentation to support your need to drive.
• IID Requirement: Depending on the circumstances of your case, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

Once your license suspension period is over, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

Even if you win your ALR hearing, you will still need to address your criminal case. The outcome of your criminal case can also affect your driving privileges.

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee to the Ohio BMV, providing proof of insurance, and completing any required DUI education or treatment programs.
• Fees: The reinstatement fee varies depending on the length of the suspension.
• 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 after your license is reinstated.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education or treatment program as a condition of reinstatement.

Licking DMV Offices

[This section will be populated once courthouse data is available.]

Special Programs

• Ignition Interlock Device (IID) Program: Ohio has an IID program that allows individuals convicted of DUI to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: An occupational license may be available in certain circumstances, allowing you to drive for work-related purposes even if your license is suspended.
• Any state-specific programs: (This section will be updated as more information becomes available.)

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Licking, Ohio, and is not intended as legal advice. It is essential to consult with an experienced DUI attorney in Licking County to discuss your specific situation and legal options. Time is of the essence, so don't delay!