Stark County BMV ALS Hearing Guide

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

Being arrested for a DUI in Stark County, Ohio, can be a frightening and confusing experience. Beyond the immediate stress of the arrest, you're likely worried about the impact on your life, especially your ability to drive. This guide is designed to provide you with the immediate, practical information you need to understand the process of license suspension following a DUI arrest in Stark County and how to navigate the Administrative License Revocation (ALR) hearing process.

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

• Criminal Case: This is the court case where you face charges related to driving under the influence.
• Administrative Case (ALR): This process, handled by the Ohio Bureau of Motor Vehicles (BMV), determines whether your driver's license will be suspended.

This guide focuses on the administrative process and what you can do to fight the suspension of your license. Time is of the essence!

CRITICAL DEADLINE: Request a Hearing Within 15 Days

Following your DUI arrest in Stark County, you have a very limited window to request an Administrative License Revocation (ALR) hearing. You MUST request this hearing within 15 days of your arrest. This deadline is strictly enforced.

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

• How to Request: The exact procedure for requesting a hearing can be found on the Ohio BMV website or by contacting them directly. It typically involves submitting a written request. You may be able to find a specific form online. Search the Ohio BMV website for "ALR Hearing Request" or "DUI License Suspension Hearing".

• 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. No exceptions are typically made. Don't delay!

Automatic License Suspension

Even if you plan to fight the DUI charges in criminal court, your license is likely to be automatically suspended administratively following your arrest. The length of this suspension depends on whether you submitted to a breath or blood test and the results, or whether you refused testing altogether.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08% or higher, you face an administrative license suspension. The length of the suspension varies depending on prior offenses and specific circumstances. Check the Ohio BMV website for the exact duration for a first offense.

• Temporary Permit: You likely received a temporary permit at the time of your arrest, allowing you to drive for a limited time. This permit is valid until your ALR hearing or until the suspension officially begins, whichever comes first. Pay close attention to the expiration date on the permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a much harsher penalty than failing the test in Ohio. The suspension for refusing testing is significantly longer. Again, consult the Ohio BMV website for the exact duration.

• Implied Consent Law in Ohio: 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 if a law enforcement officer has probable cause to believe you are driving under the influence. Refusing to take a test can result in severe penalties, even if you are ultimately found not guilty of DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate legal proceeding from your criminal case. It's conducted by the Ohio BMV, not the criminal court. The purpose of the ALR hearing is to determine whether the suspension of your driver's license is warranted based on the administrative evidence presented.

• Separate from Criminal Court: The outcome of your ALR hearing does not determine the outcome of your criminal case, and vice versa. You can win your ALR hearing and still be convicted of DUI in criminal court.

• Decide if License Suspension is Warranted: The hearing officer will review the evidence presented by the arresting officer and any evidence you or your attorney present.

• 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 that it's more likely than not (preponderance of the evidence) that you were driving under the influence.

How to Prepare

Proper preparation is crucial to maximizing your chances of winning your ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video footage (e.g., dashcam or bodycam footage), medical records, or any other information that challenges the officer's account.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Stark County can be invaluable. They understand the ALR process, can gather and present evidence effectively, and can represent you at the hearing. They can also advise you on the best strategy for your specific situation.

• Understand What You Can Challenge: You can challenge various aspects of the arrest, 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 was properly calibrated and administered.

• Whether you were properly informed of your rights.

Possible Outcomes

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

• Suspension Upheld: If the hearing officer finds sufficient evidence to support the suspension, your license will remain suspended.

• Suspension Overturned: If the hearing officer finds that the evidence is insufficient, the suspension will be overturned, and your driving privileges will be reinstated.

• 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 specific 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 limited purposes.

• Eligibility Requirements: Eligibility requirements for a hardship license vary depending on the circumstances of your DUI and the length of the suspension. 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 specific purposes, such as commuting to and from work, attending school, or going to medical appointments.

• Costs and Application Process: The application process for a hardship license involves filing a petition with the court and providing supporting documentation. There are typically fees associated with the application. Contact the Stark County Court of Common Pleas for the specific procedures and fees.

• IID Requirement: Depending on the circumstances of your DUI, 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

Once your suspension period is over, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

The requirements for reinstating your license may depend on the outcome of your criminal case.

• Reinstatement Requirements: Generally, you will need to:

• Pay a reinstatement fee to the Ohio BMV.

• Provide proof of insurance (SR-22 insurance may be required).

• Complete any required DUI education or treatment programs.

• Pass any required driving tests.

• Fees: Reinstatement fees vary and are subject to change. Check the Ohio BMV website for the current fees.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that demonstrates you have the minimum required auto insurance coverage. You may be required to maintain SR-22 insurance for a specific period after a DUI conviction.

• Classes/Programs That Must Be Completed: The court may order you to complete DUI education or treatment programs as part of your sentence. You will need to provide proof of completion to the Ohio BMV before your license can be reinstated.

Stark DMV Offices

[Note: This section should be populated with actual addresses and hours. Check the Ohio BMV website for the most up-to-date information.]

Unfortunately, I don't have access to real-time information on specific DMV office locations and hours within Stark County. However, you can easily find this information by:

• Visiting the Ohio BMV Website: The Ohio BMV website has a branch locator tool that allows you to search for DMV offices by city or zip code.
• Searching Online: Use a search engine like Google or Bing to search for "Stark County Ohio DMV" or "Ohio BMV near me."

Special Programs

• Ignition Interlock Device (IID) Program: Ohio has an IID program that allows individuals convicted of DUI to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath. This may be an option to regain driving privileges sooner.

• Occupational License: An occupational license allows you to drive for work-related purposes during a license suspension. Eligibility and requirements vary. Consult with a DUI attorney or the Ohio BMV for more information.

A DUI arrest in Stark County can have serious consequences for your driving privileges. Understanding the ALR process and taking immediate action to protect your license is crucial. Don't delay - request your ALR hearing within the 15-day deadline! Consider consulting with an experienced DUI attorney in Stark County to help you navigate this complex process.