Sandusky County License Hearing Guide

Sandusky DUI License Suspension & ALR Hearing: A Guide to Protecting Your Driving Privileges

Being arrested for a DUI in Sandusky, Ohio, can be a frightening experience. Beyond the criminal charges, the immediate threat of losing your driver's license looms large. This guide is designed to provide you with the information you need to navigate the administrative license suspension process and fight to protect your driving privileges.

It's crucial to understand that the DUI process involves two separate but related proceedings: the criminal case in court and the administrative license suspension (ALS) handled by the Ohio Bureau of Motor Vehicles (BMV). This guide focuses specifically on the administrative process, which deals with your driving privileges.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

After a DUI arrest in Sandusky, time is of the essence. You have only 15 days from the date of your arrest to request an Administrative License Suspension (ALS) hearing. This hearing is your opportunity to challenge the suspension of your driver's license.

Where to Request a Hearing:

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

How to Request a Hearing:

Unfortunately, Ohio doesn't currently offer online or phone options for requesting an ALR hearing. You must request the hearing in writing and submit it via certified mail to ensure proof of delivery. The address to send it to will be provided on your temporary permit or the paperwork you received at the time of your arrest. If you don't have that paperwork, contact the Ohio BMV immediately to obtain the correct address for your region.

What Happens if You Miss the Deadline:

If you fail to request a hearing within the 15-day deadline, your license will be automatically suspended. There are very few exceptions to this rule, so acting promptly is absolutely critical. Don't delay; start the process today.

Automatic License Suspension

Your driver's license can be automatically suspended following a DUI arrest, even before your criminal case is resolved. The reasons for this automatic suspension depend on whether you took a breath/blood test and the results.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol content (BAC) registered at or above 0.08%, your license will be suspended. Ohio's laws stipulate that if you are caught driving with a BAC of .08 or higher, your license will be suspended for a period. The length of the suspension depends on factors like prior DUI offenses. This suspension is separate from any suspension that may result from a conviction in criminal court.

• Temporary Permit Valid Until Hearing or Suspension Begins: You should have received a temporary permit that allows you to drive until your ALR hearing or the start of your suspension. Keep this permit with you at all times while driving.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries significant penalties in Ohio. The suspension period for refusing a test is typically longer than the suspension for failing a test.

• Implied Consent Law in Ohio: Ohio, like most states, has an implied consent law. This law states that by driving on Ohio roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law results in an automatic license suspension.

The ALR/Administrative Hearing

What It Is

The Administrative License Suspension (ALS) hearing is a separate proceeding from your criminal case. It is an administrative hearing conducted by the Ohio BMV, not a court of law. The purpose of the hearing is to determine whether the state had sufficient grounds to suspend your driver's license following your DUI arrest.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa. However, evidence presented at the ALR hearing can be valuable to your attorney in preparing your criminal defense.

• Decide if License Suspension is Warranted: The hearing officer will review the evidence to determine if the following conditions were met:

• Did the arresting officer have reasonable suspicion to stop you?

• Did the officer have probable cause to believe you were driving under the influence?

• Were you properly advised of your rights, including the consequences of refusing a breath/blood test?

• Was your BAC at or above the legal limit (if you took a test)?

• Did you refuse testing?

• 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 show a preponderance of the evidence (meaning it's more likely than not) that the suspension is warranted, rather than proving guilt beyond a reasonable doubt.

How to Prepare

Preparing for your ALR hearing is crucial to increasing your chances of a favorable outcome.

• Gather Evidence: Collect any evidence that supports your case. This might include:

• Witness statements

• Dashcam or bodycam footage (if available)

• Medical records

• Photos

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Sandusky, Ohio, can be invaluable in preparing for and representing you at your ALR hearing. They understand the local procedures, the applicable laws, and how to effectively challenge the state's evidence. An attorney can also help you navigate the complexities of the administrative process and protect your rights.

• Understand What You Can Challenge: You can challenge various aspects of the state's case, including:

• The legality of the initial traffic stop

• The administration and accuracy of the breath/blood test

• Whether you were properly advised of your rights

• Whether there was probable cause for your arrest

Possible Outcomes

The hearing officer will issue a decision after the hearing. Possible outcomes include:

• Suspension Upheld: If the hearing officer determines that the state has met its burden of proof, your license suspension will be upheld.

• Suspension Overturned: If the hearing officer determines that the state has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.

• Restricted/Hardship License Granted: In some cases, 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 eligible for a hardship or restricted license in Ohio. This allows you to drive under specific circumstances.

• Eligibility Requirements: Eligibility typically depends on the reason for the suspension, your driving record, and whether you meet certain requirements, such as completing a driver intervention program.

• What You Can Drive For: A restricted license usually allows you to drive to and from work, school, medical appointments, and other essential activities.

• Costs and Application Process: The application process involves completing an application, paying a fee, and providing documentation to support your need for a restricted license. Contact the Ohio BMV for the most up-to-date information on the application process and associated costs.

• IID Requirement: Depending on the circumstances of your DUI arrest and your driving record, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Once your suspension period has ended and you have met all the requirements, you can reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:

• Paying a reinstatement fee to the Ohio BMV.

• Providing proof of financial responsibility (SR-22 insurance).

• Completing any required DUI classes or programs.

• Fees: Reinstatement fees vary depending on the length and type of suspension. Contact the Ohio BMV for current fee information.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state of Ohio after certain traffic violations, including DUI. It demonstrates that you have the minimum required liability insurance coverage.

• Classes/Programs That Must Be Completed: Depending on the specifics of your case, you may be required to complete a driver intervention program, alcohol/drug assessment, or other educational programs before your license can be reinstated.

Sandusky DMV Offices

Unfortunately, Sandusky itself might not have a full-service BMV office. Here's how to find the nearest location:

1. Visit the Ohio BMV Website: The official Ohio BMV website has a branch locator tool. Use this tool to find the nearest full-service BMV location.
2. Search Online: A Google search for "Ohio BMV near Sandusky OH" will also provide you with nearby locations.

Before visiting any BMV office, it's always a good idea to check their website or call ahead to confirm their hours of operation and the services they offer.

Special Programs

• Ignition Interlock Device Program: Ohio has an IID program that allows individuals with suspended licenses to drive with a device installed in their vehicle that requires them to pass a breathalyzer test before starting the engine.

• Occupational License: An occupational license (also known as a hardship license) allows individuals with suspended licenses to drive for work, school, or medical purposes.

This guide provides general information about DUI license suspensions and ALR hearings in Sandusky, Ohio. It is not a substitute for legal advice. If you have been arrested for DUI, it is highly recommended that you consult with a qualified DUI attorney as soon as possible to protect your rights and navigate the complexities of the legal process.