Morgan County License Hearing Guide

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

Being arrested for DUI in Morgan, Ohio, can be a frightening experience. Beyond the potential criminal penalties, one of the most immediate and impactful consequences is the potential suspension of your driver's license. It's crucial to understand that there are two separate processes at play: the criminal case in court and the administrative license suspension, also known as the Administrative License Revocation (ALR). This guide focuses on the ALR process and how to protect your driving privileges.

Your License After a DUI Arrest in Morgan

The ALR process is handled administratively by the Ohio Bureau of Motor Vehicles (BMV), independent of your criminal case. Even if you are ultimately found not guilty in criminal court, your license can still be suspended through the ALR process. This is because the burden of proof is lower in an administrative hearing than in a criminal trial. This guide will walk you through the steps you need to take immediately to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence! After a DUI arrest in Morgan, you have a very limited window to request an Administrative License Revocation (ALR) hearing to challenge the suspension of your driver's license. You MUST request this hearing within 15 days of your arrest. Missing this deadline will result in an automatic suspension of your license.

Where to Request:

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

How to Request:

While the exact process can vary slightly and may depend on the arresting agency and the paperwork you received, generally you can request a hearing in one of the following ways:

• Online: Check the paperwork you received from the arresting officer. It may contain instructions and a link to an online portal for requesting the hearing. Look for references to the BMV or DPS (Department of Public Safety).
• Phone: Call the Ohio BMV. The number should be on your paperwork or available on the Ohio BMV website. Be prepared to provide your driver's license number, arrest information, and contact details.
• Mail: Although less common, you may be able to mail a written request for a hearing to the Ohio BMV. Again, check your paperwork for specific instructions and the correct address. Ensure you send it via certified mail with return receipt requested to prove you met the 15-day deadline.

What to Include in Your Request (if mailing):

• Your full name
• Your driver's license number
• Your date of birth
• The date of your arrest
• The arresting agency (e.g., Morgan County Sheriff's Office)
• A clear and concise statement requesting an ALR hearing.
• Your current mailing address and phone number.

What Happens if You Miss the Deadline:

If you fail to request an ALR hearing within 15 days of your DUI arrest in Morgan, your license will be automatically suspended. This suspension will take effect as outlined in the "Automatic License Suspension" section below. You will lose your opportunity to challenge the suspension administratively.

Automatic License Suspension

Regardless of whether you request an ALR hearing, an automatic license suspension is triggered at the time of your arrest, depending on whether you took a chemical test (breath, blood, or urine) and the results, or if you refused to take the test.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08% or higher, your license will be suspended. The suspension period for a first offense is typically ****. This length can vary, so check your paperwork.
• Temporary Permit: You likely received a temporary permit at the time of your arrest. This permit is valid until your ALR hearing (if requested) or until the suspension begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a chemical test (breath, blood, or urine) carries a significantly harsher penalty than failing the test. In Ohio, a refusal will result in a longer license suspension. The suspension period for a first offense refusal is typically ****. Again, this can vary.
• Implied Consent Law in Ohio: Ohio, like most states, has an implied consent law. This law states that by operating a motor vehicle on Ohio roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusing to do so carries serious consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal court case. Its sole purpose is to determine whether the Ohio BMV was justified in suspending your driver's license based on the circumstances of your DUI arrest. The hearing is conducted by an administrative law judge (ALJ).

• Separate from Criminal Court: Remember, the outcome of the ALR hearing does NOT directly determine the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The ALJ will review evidence and testimony to determine if there was probable cause for the arrest and if your BAC was above the legal limit (or if you refused testing).
• Lower Burden of Proof: The burden of proof in an ALR hearing is lower than in a criminal trial. The BMV only needs to show by a preponderance of the evidence (more likely than not) that the suspension is warranted.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements: If anyone witnessed the events leading to your arrest, obtain a written statement from them.
• Video evidence: If there is dashcam footage or surveillance video of your driving or the arrest, try to obtain a copy.
• Medical records: If you have any medical conditions that could have affected your BAC reading, gather relevant medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Morgan County can be invaluable in navigating the ALR process. They can help you gather evidence, prepare for the hearing, and represent you before the ALJ. An attorney understands the nuances of Ohio DUI law and can significantly increase your chances of a favorable outcome.
• 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 the officer properly administered the field sobriety tests.
• Whether the breathalyzer or blood test machine was properly calibrated and maintained.
• Whether the officer followed proper procedures in administering the chemical test.
• Whether you were properly informed of your rights regarding implied consent.

Possible Outcomes

• Suspension Upheld: The ALJ finds that the BMV had sufficient evidence to suspend your license.
• Suspension Overturned: The ALJ finds that the BMV did not have sufficient evidence to suspend your license, and your driving privileges are reinstated.
• Restricted/Hardship License Granted: The ALJ 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 essential purposes.

• Eligibility Requirements: .
• What You Can Drive For: Typically, a hardship license allows you to drive to and from work, school, medical appointments, and court-ordered treatment programs.
• Costs and Application Process: .
• IID Requirement: .

Getting Your License Back

After your suspension period is over and your criminal case concludes, you will need to take specific steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: .
• Fees: .
• SR-22 Insurance Requirement: .
• Classes/Programs that Must Be Completed: .

Morgan DMV Offices

Unfortunately, Morgan County does not have a full-service BMV office. The nearest office is:

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It is best to check the Ohio BMV website for the most up-to-date information on office locations and hours, as these can change.

Special Programs

• Ignition Interlock Device Program: .
• Occupational License: .
• Any state-specific programs: .

This guide provides a general overview of the ALR process and license suspension in Morgan, Ohio, following a DUI arrest. It is essential to consult with a qualified DUI attorney to discuss your specific situation and protect your rights. The information provided here is not a substitute for legal advice. Time is of the essence, so act quickly to protect your driving privileges.