Noble County License Hearing Guide

Noble DUI License Suspension & ALR Hearing

A DUI arrest in Noble, Ohio can be a frightening and confusing experience. It's crucial to understand that a DUI arrest triggers two separate legal processes: a criminal case in court, and an administrative action by the Ohio Bureau of Motor Vehicles (BMV) regarding your driver's license. This guide focuses on the administrative side, specifically the potential suspension of your license and the Administrative License Revocation (ALR) hearing process. Understanding this process and acting quickly is vital to protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Noble County, you have a very limited time to act to potentially save your driver's license. You only have 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 license before it automatically goes into effect.

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

How to Request: While the exact method may vary, typically you can request an ALR hearing in Ohio through one of the following ways:

• Online: Check the Ohio BMV website (bmv.ohio.gov) for an online form or portal specifically for ALR hearing requests. This is often the fastest and most efficient method.
• Phone: Contact the Ohio BMV's designated ALR hearing department. The phone number should be provided on the paperwork you received at the time of your arrest.
• Mail: You can send a written request for a hearing to the Ohio BMV address specified on your arrest paperwork. Important: Send it via certified mail with return receipt requested to ensure you have proof that it was received within the 15-day deadline.

What to Include in Your Request: Your request should clearly state that you are requesting an ALR hearing related to your DUI arrest in Noble County on [Date of Arrest]. Include your full name, date of birth, driver's license number, address, and phone number.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. This suspension will be in effect for a predetermined period, depending on whether you submitted to a chemical test and your blood alcohol content (BAC) or if you refused testing. Missing this deadline significantly impacts your ability to drive legally.

Automatic License Suspension

Upon being arrested for DUI in Noble, Ohio, your license faces automatic suspension under certain circumstances. These circumstances depend on whether or not you took a breath, blood, or urine test and the results of that test.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If you submitted to a breath or blood test and your BAC was 0.08% or higher, your license will be suspended. The length of this suspension varies, but it's typically a 90-day suspension for a first offense. However, this can be longer, especially if your BAC was significantly higher than 0.08%. The ALR hearing can potentially reduce or eliminate this suspension.
• Temporary Permit: You likely received a temporary driving permit at the time of your arrest. This permit is valid for a limited time, typically until your ALR hearing or the date your suspension begins, whichever comes first. Check the paperwork you received for the exact expiration date.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a significantly harsher penalty in Ohio. The suspension period for refusing a test is substantially longer than for failing a test. Expect a suspension of at least one year for a first-time refusal.
• Implied Consent Law in Ohio: Ohio, like most states, operates under an "implied consent" law. This means that by driving on Ohio roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in the automatic suspension of your license, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a critical step in fighting to keep your driving privileges after a DUI arrest in Noble County.

What It Is

• Separate from Criminal Court: It is essential to understand that the ALR hearing is entirely separate from your criminal DUI case. The ALR hearing is an administrative proceeding conducted by the Ohio BMV, not a court of law.
• Decides if License Suspension is Warranted: The sole purpose of the ALR hearing is to determine whether the state had sufficient legal grounds to suspend your driver's license following 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 state only needs to prove by a preponderance of the evidence (more likely than not) that the suspension is justified. This is a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

Preparing for your ALR hearing is crucial. A well-prepared defense can significantly increase your chances of having the suspension overturned.

• Gather Evidence: Collect any evidence that supports your case. This may include:
• Witness statements from anyone who can attest to your sobriety or the circumstances of your arrest.
• Video evidence (dashcam footage, surveillance footage) that may contradict the police officer's account.
• Medical records that may explain a high BAC reading (if applicable).
• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. A qualified Ohio DUI attorney can provide invaluable assistance by:
• Reviewing the evidence against you.
• Advising you on your legal options.
• Representing you at the ALR hearing.
• Cross-examining the arresting officer.
• Understand What You Can Challenge: In an ALR hearing, you can challenge various aspects of the state's case, including:
• Whether the police officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was administered properly.
• Whether the testing equipment was properly calibrated and maintained.
• Whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: The hearing officer finds that the state has met its burden of proof and upholds the license suspension.
• Suspension Overturned: The hearing officer finds that the state has not met its burden of proof and overturns the license suspension, restoring your driving privileges.
• 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, allowing you to drive under specific circumstances.

• Eligibility Requirements: The eligibility requirements for a hardship license vary depending on the reason for the suspension and your driving record. Generally, you must demonstrate a genuine need to drive for work, school, medical appointments, or other essential purposes.
• What You Can Drive For: A hardship license typically restricts you to driving only for approved purposes, such as commuting to and from work, attending classes, or traveling to medical appointments.
• Costs and Application Process: Applying for a hardship license involves submitting an application to the court and paying a fee. The application process may also require you to provide documentation to support your need to drive.
• IID Requirement: Depending on the circumstances of your DUI arrest, 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

Successfully navigating the criminal case is only half the battle. Here's what to expect after.

After Criminal Case Concludes

• Reinstatement Requirements: Even after your criminal case concludes, you will need to fulfill certain requirements to have your license fully reinstated. These requirements may include:
• Paying reinstatement fees to the Ohio BMV.
• Completing any court-ordered DUI education or treatment programs.
• Passing the driving test.
• Fees: Reinstatement fees can vary, so check with the Ohio BMV for the current fee schedule.
• SR-22 Insurance Requirement: You will likely be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period (typically three years). SR-22 insurance is more expensive than standard auto insurance.
• Classes/Programs That Must Be Completed: The court may order you to complete a DUI education program, alcohol treatment program, or other related classes as part of your sentence. Completing these programs is often a requirement for license reinstatement.

Noble DMV Offices

Unfortunately, Noble County itself does not have a full-service BMV office due to its small population. You will likely need to visit a BMV office in a neighboring county. Some nearby options include:

• Cambridge BMV:
• Marietta BMV:

Always call ahead to confirm hours and services offered.

Special Programs

• Ignition Interlock Device (IID) Program: Ohio has an IID program that allows individuals convicted of DUI to regain limited driving privileges by installing an IID in their vehicle.
• Occupational License: This is essentially the same as a hardship license, allowing driving for specific work-related purposes.
• Reinstatement Fee Payment Plan: The Ohio BMV may offer a payment plan for reinstatement fees in certain circumstances.

A DUI arrest in Noble County can have serious consequences for your driving privileges. Acting quickly to request an ALR hearing, understanding your rights, and considering consulting with a qualified DUI attorney are crucial steps in protecting your license and your future. Remember that this guide provides general information and should not be considered legal advice. Contact an attorney to discuss the specific facts of your case.