Ottawa County License Hearing Guide

Ottawa DUI License Suspension & ALR Hearing

Being arrested for a DUI in Ottawa, Ohio, can be a frightening and confusing experience. One of the first things you'll likely be concerned about is your driver's license. It's crucial to understand that there are two separate processes that could impact your driving privileges: the criminal court case and an administrative process related to your license. This guide focuses on the administrative side, specifically the Ohio Bureau of Motor Vehicles (BMV) proceedings and the potential suspension of your license. Time is of the essence, so let's get started.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Ottawa, you face an immediate threat to your driver's license. The Ohio BMV can suspend your license administratively, meaning independently of the outcome of your criminal case. To fight this potential suspension, you MUST request an Administrative License Suspension (ALS) hearing within 15 days of your arrest.

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

How to Request: You can typically request an ALS hearing online, by phone, or by mail. The easiest and fastest option is usually online. Check the paperwork given to you by the arresting officer, as it should contain specific instructions and a reference number you'll need. You can also visit the Ohio BMV website (www.bmv.ohio.gov) for more information and online hearing request options.

• Online: Visit the Ohio BMV website and search for "ALS Hearing Request." Follow the online instructions carefully.
• Phone: Contact the Ohio BMV customer service line. The number can be found on their website. Be prepared to provide your driver's license number, date of birth, and details of your arrest.
• Mail: While the least efficient option, you can send a written request to the Ohio BMV. Include your full name, address, driver's license number, date of birth, date of arrest, arresting agency, and a clear statement that you are requesting an Administrative License Suspension (ALS) hearing. Certified mail with return receipt is recommended.

What Happens If You Miss the Deadline: If you fail to request an ALS hearing within 15 days, your license will be automatically suspended. This suspension will begin a certain number of days after your arrest, as noted on the paperwork you received. Missing the deadline significantly reduces your chances of regaining your driving privileges quickly. Do not delay!

Automatic License Suspension

The Ohio BMV will automatically suspend your license under certain circumstances following a DUI arrest. The length of the suspension depends on whether you took a breath/blood test and, if so, the results, or if you refused to take a test.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08% or higher, your license will be suspended. The length of the suspension varies based on factors like prior offenses. Generally, you can expect a suspension period of at least 90 days for a first offense with a BAC over 0.08%. However, this can be longer depending on the specific circumstances and BAC level.

The arresting officer likely gave you a temporary driving permit. This permit is usually valid until your ALS hearing or until the date the suspension officially begins, whichever comes first. Pay close attention to the expiration date on the 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 (breath, blood, or urine) if lawfully arrested for DUI. If you refuse to take a chemical test, the penalties are typically harsher than if you had taken the test and failed.

Refusing a breath, blood, or urine test in Ohio results in an automatic license suspension. The length of the suspension for refusing a test is generally one year for a first offense. This is significantly longer than the suspension for failing a test with a BAC over 0.08%.

The ALR/Administrative Hearing

The Administrative License Suspension (ALS) hearing, also known as an Administrative License Revocation (ALR) hearing in some jurisdictions, is a crucial opportunity to challenge the suspension of your driver's license.

What It Is

The ALS hearing is a separate proceeding from your criminal DUI case. It takes place before an administrative law judge (ALJ) and focuses solely on whether the BMV had sufficient legal grounds to suspend your license. The burden of proof 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 justified.

The hearing is primarily concerned with these key issues:

• Did the officer have reasonable suspicion to stop you?
• Did the officer have probable cause to arrest you for DUI?
• Were you properly informed of your rights and the consequences of refusing a chemical test (if applicable)?
• Did you refuse to take a chemical test (if applicable)?
• If you took a test, was the BAC result 0.08% or higher?

How to Prepare

Preparing for your ALS hearing is essential. Here are some steps you can take:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, photos, or any other documentation that contradicts the officer's account.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Ottawa and Ohio DUI laws can be invaluable. They understand the legal nuances of ALS hearings, can gather evidence on your behalf, and can represent you effectively at the hearing. They can also advise you on the best course of action based on your specific circumstances.
• Understand What You Can Challenge: You can challenge the legality of the traffic stop, the validity of the BAC test results, or whether you were properly advised of your rights. Your attorney can help you identify the strongest arguments in your case.

Possible Outcomes

The ALJ will make a decision based on the evidence presented at the hearing. Possible outcomes include:

• Suspension Upheld: The ALJ rules in favor of the BMV, and your license suspension remains in effect.
• Suspension Overturned: The ALJ rules in your favor, and your license is reinstated immediately. This is the best possible outcome.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, the ALJ may grant you 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 for specific purposes.

• Eligibility Requirements: You typically must serve a portion of your suspension period before becoming eligible for a restricted license. The specific requirements vary based on the length of your suspension and other factors.
• What You Can Drive For: A restricted license typically allows you to drive to and from work, school, medical appointments, and court-ordered treatment programs.
• Costs and Application Process: You'll need to apply for a restricted license through the court. The application process involves submitting documentation and paying a fee.
• IID Requirement: In some cases, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license. An IID requires you to blow into the device before starting your car, and it prevents the car from starting if it detects alcohol.

Getting Your License Back

Once your suspension period is over and the criminal case has concluded, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: You'll need to fulfill all reinstatement requirements set by the BMV. This typically includes paying reinstatement fees.
• Fees: The reinstatement fees vary depending on the length of your suspension and other factors.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a certain period.
• Classes/Programs That Must Be Completed: You may also be required to complete a DUI education program or treatment program as a condition of reinstatement.

Ottawa DMV Offices

[Note: Since Ottawa, Ohio has no population, the nearest BMV office will likely be in a neighboring town or city. Research and list the closest BMV location(s) here, including address and hours of operation.]

For example:

Ohio BMV - [Nearest City, OH]

[Phone Number] Hours: [Days of the week and hours of operation]

Ohio BMV - [Another Nearby City, OH]

[Phone Number] Hours: [Days of the week and hours of operation]

Special Programs

• Ignition Interlock Device Program: Ohio has an Ignition Interlock Device (IID) program that may be required for restricted licenses or after a DUI conviction.
• Occupational License: As discussed above, a restricted or occupational license may be available to allow you to drive for work purposes.
• Ohio BMV Website: The Ohio BMV website (www.bmv.ohio.gov) is a valuable resource for information about DUI laws, license suspensions, and reinstatement requirements.

This information is for informational purposes only and does not constitute legal advice. It is crucial to consult with an experienced Ottawa DUI attorney to discuss your specific situation and protect your rights. Don't wait – contact an attorney today to discuss your options and ensure you meet all deadlines.