Tuscarawas County License Hearing Guide

Navigating a Tuscarawas County DUI: Your Guide to the DMV and Beyond

If you've been arrested for OVI (Operating a Vehicle Impaired, Ohio's term for DUI) in Tuscarawas County, Ohio, you're likely facing a whirlwind of legal and administrative challenges. This guide will help you understand the process, particularly concerning your driver's license and vehicle, and provide actionable steps to take.

Understanding the OVI Landscape in Tuscarawas County

Tuscarawas County, with its blend of rural and suburban areas and a population of around 92,000, sees a significant number of OVI arrests. In 2022, there were 289 OVI arrests in the county. This enforcement is driven by the presence of major transit corridors like Interstate 77 and State Routes 39, 250, and 800, and is often concentrated on Friday and Saturday nights between 10 PM and 3 AM. The Ohio State Highway Patrol (Post 79 in New Philadelphia), the Tuscarawas County Sheriff’s Office, and municipal police departments like New Philadelphia and Dover actively participate in OVI enforcement.

The Immediate Aftermath: Impound and the ALS

One of the first hurdles after an OVI arrest is dealing with your vehicle. It's likely been impounded, and understanding the process is crucial to avoid escalating costs.

Locating Your Vehicle: The arresting officer should have provided you with an impound slip indicating the towing company and lot location. If you don't have this, contact the dispatch center of the arresting agency:

• Ohio State Highway Patrol (Post 79, New Philadelphia): (330) 339-1103
• Tuscarawas County Sheriff's Office: (330) 339-2000

Retrieving Your Vehicle: In Ohio, a first-offense OVI generally doesn't result in mandatory vehicle immobilization. However, your license is likely suspended immediately due to the Administrative License Suspension (ALS). This happens if you failed or refused a chemical test. The officer seizes your physical license on the spot.

The ALS Driver Trap: Because of the ALS, you can't legally drive your vehicle off the tow lot. To retrieve it, you'll need someone with a valid driver's license to accompany you. You'll need to provide proof of ownership and insurance, while the licensed driver will operate the vehicle.

Ownership Verification: Tow yards are strict about verifying ownership. Be prepared to present documentation that clearly establishes you as the registered owner.

The DMV and License Reinstatement

After the initial shock of the arrest and impound, your focus will shift to your driver's license. The ALS is separate from any court-ordered suspension.

Understanding the ALS: The length of the ALS depends on whether you failed or refused a chemical test, and whether you have prior OVI convictions. Refusal typically results in a longer suspension.

Reinstatement Requirements: To reinstate your license after the ALS period, you'll generally need to:

1. Pay Reinstatement Fees: You'll need to pay a reinstatement fee to the Ohio Bureau of Motor Vehicles (BMV). The amount varies, but expect to pay around $475.
2. Show Proof of Insurance: You'll need to provide proof of financial responsibility, typically in the form of an SR-22 insurance certificate. This certificate demonstrates that you have high-risk auto insurance coverage.
3. Complete Any Required Assessments/Treatment: The court may order you to complete an alcohol/drug assessment and any recommended treatment program. Completion is often required for license reinstatement.
4. Pass Any Required Testing: The BMV may require you to pass a vision test and/or a written knowledge test before reinstating your license.

Tuscarawas County BMV Location: The closest BMV is located at 1260 Monroe St, New Philadelphia, OH 44663. Call (330) 364-7741 to confirm hours and accepted forms of payment.

Important Considerations

• OVI Task Forces and Enforcement: Be aware that Tuscarawas County participates in joint OVI Task Forces with the Highway Patrol, funded by state and federal grants. This means increased enforcement during specific campaigns like "Drive Sober or Get Pulled Over" (late August through Labor Day), Super Bowl weekend, St. Patrick's Day, the Fourth of July, and New Year's Eve.
• Judicial Expertise: Judge Nanette DeGarmo VonAllman of the New Philadelphia Municipal Court has expertise in criminal justice, mental health, and drugged driving.
• Appellate Court Rulings: The Fifth District Court of Appeals, which has jurisdiction over Tuscarawas County, strictly enforces procedural protocols. This means that if law enforcement or laboratories fail to adhere to testing guidelines, evidence like urine tests may be suppressed.

Next Steps

Your immediate next step should be to contact the New Philadelphia BMV at (330) 364-7741 to confirm their hours and accepted forms of payment for reinstatement fees.