Perry County License Hearing Guide

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

Being arrested for a DUI in Perry, Ohio can be a frightening and confusing experience. One of the most immediate concerns you likely have is: What's going to happen to my driver's license? This guide will walk you through the process of license suspension following a DUI arrest in Perry County, specifically focusing on the Administrative License Revocation (ALR) hearing and how to potentially save your driving privileges. It's crucial to act quickly – deadlines are tight!

It's important to understand that there are two separate legal processes at play after a DUI arrest:

• The Criminal Case: This involves the actual DUI charges against you in court.
• The Administrative License Suspension (ALS) Case: This is handled by the Ohio Bureau of Motor Vehicles (BMV) and determines whether your driver's license will be suspended.

This guide focuses on the Administrative License Suspension and the ALR hearing associated with it. Even if you think your criminal case is strong, you must address the administrative suspension separately.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

After being arrested for DUI in Perry, Ohio, you have a very limited window to request an Administrative License Revocation (ALR) hearing to challenge the suspension of your driver's license. You only have 15 days from the date of your arrest to request this hearing. Missing this deadline will result in an automatic suspension of your license.

Where to Request the Hearing:

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

How to Request the Hearing:

While it's best to consult with an attorney, you can typically request the hearing in the following ways:

• Online: Check the Ohio BMV website for online ALR hearing request forms. Look for sections related to "Administrative License Suspension" or "ALR Hearing Request."
• Mail: Send a written request to the Ohio BMV. Be sure to include your full name, address, date of birth, driver's license number, and the date of your DUI arrest. Clearly state that you are requesting an Administrative License Revocation (ALR) hearing to contest the suspension of your driver's license. Send it via certified mail with return receipt requested to ensure proof of delivery.
• Through Your Attorney: This is generally the best option. A DUI attorney can handle the request process for you, ensuring all necessary information is included and the deadline is met.

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within 15 days of your DUI arrest, your driver's license will be automatically suspended. This suspension will take effect as determined by the BMV, and you will lose your driving privileges. Don't let this happen!

Automatic License Suspension

Even before your criminal case goes to court, your driver's license could be suspended automatically by the Ohio BMV based on the circumstances of your arrest. This is separate from any penalties you might face in criminal court.

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 suspension period in Ohio for a BAC of 0.08 or higher varies, but it's typically a 90 day suspension for a first offense.

• Temporary Permit: You may have been issued a temporary permit at the time of your arrest. This permit is typically valid until your ALR hearing (if requested) or until the automatic suspension takes effect.

If You Refused Testing

Refusing to take a breath, blood, or urine test can result in a longer license suspension than failing the test.

• Refusal Penalty: In Ohio, refusing the test carries a mandatory license suspension. The length of the suspension increases with each prior offense. For a first offense refusal, the suspension is typically one year.
• Implied Consent Law in Ohio: By driving on Ohio roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to do so carries significant penalties.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a crucial opportunity to challenge the suspension of your driver's license following a DUI arrest.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding conducted by the Ohio BMV, completely separate from the criminal charges you face in court.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the BMV had sufficient legal grounds to suspend your license based on the circumstances of your arrest.
• Lower Burden of Proof than Criminal Trial: The BMV only needs to prove its case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court. This means it's easier for the BMV to suspend your license administratively than it is for the prosecution to convict you of DUI.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that could support your case, such as witness statements, video footage (dashcam, bodycam), or any documentation that challenges the police officer's actions or the accuracy of the breath/blood test.
• Consider Hiring a DUI Attorney: An experienced DUI attorney can be invaluable in preparing for your ALR hearing. They understand the legal procedures, can effectively cross-examine witnesses, and present a strong defense on your behalf. While Perry County is a small county, a DUI attorney familiar with Ohio DUI law is essential.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the police officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly informed of your rights regarding chemical testing.
• Whether the breath/blood test was administered correctly and accurately.
• Whether the BAC results are reliable.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: The BMV finds sufficient evidence to support the license suspension, and your license remains suspended.
• Suspension Overturned: The BMV finds that the evidence is insufficient to support the suspension, and your license is reinstated. This is the best possible outcome.
• Restricted/Hardship License Granted: Even if the suspension is upheld, you may be eligible for 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 able to obtain a hardship or restricted license, allowing you to drive for essential purposes.

• Eligibility Requirements: In Ohio, you may be eligible for limited driving privileges if your license has been suspended. The specific requirements vary based on the reason for the suspension and your driving record. Typically, you must demonstrate a need to drive for work, school, medical appointments, or other essential purposes.
• What You Can Drive For: A restricted license typically allows you to drive only for specific purposes, such as:
• Going to and from work
• Attending school or job training
• Seeking medical treatment
• Attending court-ordered 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 also fees associated with the application.
• IID Requirement: In many DUI cases, particularly for repeat offenders or those with high BAC levels, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you'll typically need to:
• Pay any applicable reinstatement fees.
• Complete any required DUI classes or programs.
• Pass any required driving tests.
• Fees: Reinstatement fees vary depending on the nature 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 specified period.
• Classes/Programs That Must Be Completed: DUI classes or alcohol/drug treatment programs are often required as part of the reinstatement process.

Perry DMV Offices

[Note: Perry County is a rural county without a dedicated BMV office. Residents typically use the closest BMV locations in neighboring counties. This section needs to be updated with the nearest BMV locations.]

You will need to find the nearest BMV office. The Ohio BMV website (bmv.ohio.gov) will have the most up-to-date list of locations and hours.

Special Programs

• Ignition Interlock Device Program: Ohio has an IID program that allows individuals with DUI convictions to regain driving privileges sooner by installing an IID in their vehicle.
• Occupational License: An occupational license allows you to drive for work-related purposes, even if your license is suspended. The requirements for obtaining an occupational license vary depending on the circumstances of your case.
• Any State-Specific Programs: Check with the Ohio BMV or a DUI attorney for information on any other state-specific programs that may be available to help you regain your driving privileges.

Disclaimer: This guide provides general information about DUI license suspensions in Perry, Ohio, and is not a substitute for legal advice. It is essential to consult with a qualified DUI attorney to discuss the specific facts of your case and to receive personalized guidance on how to protect your rights and driving privileges.