Union County License Hearing Guide

Union DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges

Being arrested for a DUI in Union, Ohio, can be a frightening and confusing experience. One of the most immediate concerns is the status of your driver's license. It's crucial to understand that the legal process following a DUI arrest is two-pronged: a criminal case in court, and an administrative process handled by the Ohio Bureau of Motor Vehicles (BMV). This guide focuses on the administrative side, specifically your license suspension and the opportunity to challenge it at an Administrative License Revocation (ALR) hearing. Your ability to drive in Union, Ohio, hangs in the balance, so read carefully and act quickly!

CRITICAL DEADLINE: Request Your ALR Hearing Within 15 Days

Time is of the essence. After a DUI arrest in Union, Ohio, you have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the automatic suspension of your driver's license.

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

• How to Request: While specific procedures can change, typically you can request a hearing:

• Online: Check the Ohio BMV website for an online portal or form specifically for ALR hearing requests.

• By Mail: A physical form might be available on the BMV website to download, complete, and mail to the designated address. Look for information on "Administrative License Suspension" or "ALR Hearing Request."

• By Phone: Contact the Ohio BMV at their customer service number. Inquire about the process for requesting an ALR hearing after a DUI arrest. Important: Get the name of the person you speak with and document the date and time of the call.

• What Happens If You Miss The Deadline: If you fail to request an ALR hearing within the 15-day timeframe, your driver's license will be automatically suspended. There are very few exceptions to this rule, so don't delay!

Automatic License Suspension After a Union DUI Arrest

The Ohio BMV can automatically suspend your license after a DUI arrest based on the results of your breath, blood, or urine test, or if you refused to take a test 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, your license will be subject to an administrative suspension. The length of the suspension varies based on prior offenses and the BAC level, but it's typically a minimum of 90 days for a first offense.
• Temporary Permit Valid Until Hearing or Suspension Begins: The arresting officer may have issued you a temporary permit. This permit allows you to drive until your ALR hearing (if requested) or until the start of the administrative suspension period. Pay close attention to the expiration date on the temporary permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a significantly harsher penalty than failing the test. The suspension period for a refusal is generally longer than the suspension for a BAC over 0.08. Expect a suspension of at least one year for a first-time refusal.
• 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 lawfully arrested for DUI. Refusal to do so carries automatic penalties.

The ALR/Administrative Hearing: Your Chance to Fight Back

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

What It Is

• Separate From Criminal Court: It's important to understand that the ALR hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not determine the outcome of your criminal case, and vice-versa.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the BMV has sufficient evidence to justify suspending your license.
• Lower Burden of Proof Than Criminal Trial: The standard of proof required at an ALR hearing is lower than in a criminal trial. The BMV only needs to show "probable cause" that you were driving under the influence, not "beyond a reasonable doubt."

How to Prepare

• Gather Evidence: Collect any evidence that could support your case. This might include:
• Witness Statements: If anyone witnessed the circumstances of your arrest, obtain written statements from them.
• Video Footage: Are there any dashcam videos, surveillance videos, or bodycam footage that might be relevant?
• Medical Records: If you have any medical conditions that might have affected your performance on field sobriety tests, gather relevant medical records.
• Consider Hiring a Union DUI Attorney: Navigating the ALR hearing process can be complex. A qualified DUI attorney familiar with Union County and Ohio DUI laws can significantly increase your chances of a favorable outcome. An attorney can help you gather evidence, prepare legal arguments, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge various aspects of the case at the ALR hearing, including:
• Legality of the Stop: Did the officer have a valid reason to stop you in the first place?
• Probable Cause for Arrest: Did the officer have probable cause to believe you were driving under the influence?
• Accuracy of the Breath/Blood Test: Was the testing equipment properly calibrated and maintained? Was the test administered correctly?
• Refusal Argument: If you refused testing, you can argue that you did not understand the consequences of refusal or that you were physically unable to take the test.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the BMV has sufficient evidence to justify the suspension, your license will remain suspended.
• Suspension Overturned: If the hearing officer finds that the BMV does not have sufficient evidence, your license 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 (see below).

Hardship/Restricted License in Ohio

Even if your license is suspended, you may be able to obtain a hardship or restricted license that allows you to drive for essential purposes.

• Eligibility Requirements: Eligibility requirements for a hardship license in Ohio vary depending on the circumstances of your case, including the severity of the offense and your prior driving record. Generally, you must demonstrate a genuine need to drive for work, school, medical appointments, or other essential activities.
• What You Can Drive For: A hardship license typically restricts you to driving for specific purposes, such as:
• Work: Driving to and from your place of employment.
• School: Driving to and from educational institutions.
• Medical: Driving to and from medical appointments for yourself or dependents.
• Costs and Application Process: The application process for a hardship license involves filing a petition with the court and providing supporting documentation. There are also associated fees. Your DUI attorney can guide you through this process.
• IID Requirement: Ohio law may require the installation of an ignition interlock device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back After a Union DUI

Once your suspension period is over, you'll need to take specific steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying Reinstatement Fees: The Ohio BMV charges a fee to reinstate your driver's license.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility.
• Completing Required Classes/Programs: You may be required to complete a DUI education program or substance abuse treatment.
• Fees: Check the Ohio BMV website for the current reinstatement fees.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the BMV. It demonstrates that you have the required liability insurance coverage.
• Classes/Programs That Must Be Completed: A court might order you to complete a DUI education program (e.g., a 72-hour driver intervention program) or substance abuse treatment as part of your sentence.

Union DMV Offices

Unfortunately, no specific DMV offices exist within the unincorporated area of Union, Ohio, due to its lack of population. You'll need to visit a BMV office in a neighboring city or town. To find the nearest BMV location and hours, visit the Ohio BMV website (bmv.ohio.gov) or call their customer service line.

Special Programs

• Ignition Interlock Device (IID) Program: Ohio has an IID program that allows individuals convicted of DUI to regain driving privileges sooner by installing an IID in their vehicle. The IID requires the driver to blow into the device before starting the car, and it prevents the car from starting if alcohol is detected.
• Occupational License: While Ohio uses the term "hardship license," these are often referred to as occupational licenses as they allow you to drive for work-related purposes.
• Any State-Specific Programs: Check with your attorney or the Ohio BMV for any other state-specific programs that might be available to you.

This information is intended as a general guide and should not be considered legal advice. Consult with a qualified Ohio DUI attorney to discuss the specific facts of your case and protect your rights. Don't delay – your ability to drive depends on it!