Washington County License Hearing Guide

Washington DUI License Suspension & ALR Hearing

(Serving Washington, Ohio)

A DUI arrest in Washington, Ohio can be a terrifying experience. Besides the criminal charges, you're also facing a potential license suspension. It's crucial to understand that Ohio has two separate processes when it comes to your driver's license: the criminal court case and an administrative action handled by the Ohio Bureau of Motor Vehicles (BMV). This guide focuses on the administrative side – specifically, how to fight a license suspension through an Administrative License Revocation (ALR) hearing. Time is of the essence!

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Ohio, you have a very limited window to protect your driving privileges. You MUST request an ALR hearing within 15 days of your arrest. This deadline is absolute, and missing it will result in an automatic license suspension.

Where to Request: You request the ALR hearing from the Ohio Bureau of Motor Vehicles (BMV).

How to Request:

• Online: Check the Ohio BMV website (bmv.ohio.gov) for online ALR hearing request options. This is often the fastest and most reliable method.
• Phone: Contact the Ohio BMV directly to inquire about requesting a hearing by phone. Be prepared for potential wait times.
• Mail: While less common, you can request a hearing by certified mail. This is the least preferred method due to the risk of postal delays. Make sure to keep a copy of the certified mail receipt as proof of timely submission.

What Happens if You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There are very few exceptions to this rule, so act immediately. Don't delay!

Automatic License Suspension

The Ohio BMV will automatically initiate a license suspension based on the circumstances of your arrest. The length of the suspension depends on whether you took a breath/blood test and, if so, what the results were, or if you refused testing altogether.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol concentration (BAC) was 0.08% or higher, your license will be suspended for 90 days for a first offense.
• Temporary Permit: The arresting officer should have issued you a temporary permit that is valid until your ALR hearing or until the suspension officially begins if you don't request a hearing or if the suspension is upheld.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a much harsher penalty in Ohio. If you refused testing, your license will be suspended for one year for a first offense.
• Implied Consent Law in Ohio: Ohio, like all states, has an implied consent law. This means that by driving on Ohio roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in significant penalties, as described above.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to challenge your license suspension. Understanding what it is and how to prepare is vital.

What It Is

• Separate from Criminal Court: The ALR hearing is a completely separate process from your criminal DUI case. The outcome of the ALR hearing does not automatically 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 police officer had probable cause to arrest you for DUI and whether you were properly advised of your rights.
• Lower Burden of Proof than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The BMV only needs to show "preponderance of the evidence" (more likely than not) that the suspension is warranted, whereas a criminal trial requires proof "beyond a reasonable doubt."

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, medical records (if applicable), or any other information that casts doubt on the validity of the arrest or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: A DUI attorney specializing in Ohio law can be invaluable. They understand the ALR process, can gather evidence, subpoena witnesses, and present a strong defense on your behalf. They can also advise you on the best course of action based on the specific facts of your case.
• Understand What You Can Challenge: You can challenge several aspects of the case at the ALR hearing, 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 advised of your Miranda rights.
• Whether the breath/blood test was administered correctly and the results are accurate.
• Whether you refused testing.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: If the hearing officer finds that the evidence supports the suspension, your license will remain suspended for the applicable period.
• Suspension Overturned: If the hearing officer finds that the evidence does not support the suspension, 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 with a suspended license, you may be able to obtain a hardship license in Ohio, allowing you to drive for essential purposes.

• Eligibility Requirements: Eligibility requirements vary, but generally include demonstrating a need to drive for work, school, medical appointments, or other essential activities. You typically need to show that no other reasonable transportation options are available.
• What You Can Drive For: A hardship license typically restricts you to driving only for specific purposes, such as:
• Going to and from work.
• Attending school or job training.
• Seeking medical treatment.
• Taking children to and from school or daycare.
• Costs and Application Process: The application process involves completing a form, providing supporting documentation (e.g., employment verification, school schedule, medical records), and paying a fee. Contact your local BMV office for the specific requirements and fees.
• IID Requirement: Depending on the circumstances of your case and the length of the suspension, 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

Getting your license reinstated after a DUI suspension requires fulfilling specific requirements.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Serving the full suspension period.
• Paying reinstatement fees to the BMV.
• Completing any court-ordered alcohol or drug treatment programs.
• Passing any required driving tests.
• Fees: Reinstatement fees vary and can be substantial. Contact the Ohio BMV for the current fee schedule.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time after your license is reinstated. This indicates that you have the minimum required liability insurance coverage.
• Classes/Programs That Must Be Completed: The court may order you to complete alcohol or drug treatment programs, driver intervention programs, or other classes as a condition of probation or license reinstatement.

Washington DMV Offices

Unfortunately, there is no specific Washington DMV office. Since Washington is a county within Ohio, you will need to use the closest Ohio BMV office to you.

You can find a list of Ohio BMV locations and their hours of operation on the Ohio BMV website: bmv.ohio.gov

Special Programs

• Ignition Interlock Device Program: Ohio has a mandatory Ignition Interlock Device (IID) program for certain DUI offenders. An IID is a device installed in a vehicle that requires the driver to blow into it to test their breath alcohol concentration (BrAC) before starting the vehicle. The vehicle will not start if alcohol is detected above a pre-set limit.
• Occupational License: (See Hardship/Restricted License above)

This guide provides general information and should not be considered legal advice. It is crucial to consult with a qualified Ohio DUI attorney to discuss your specific situation and protect your rights. Remember, time is of the essence – act quickly to request your ALR hearing and explore all available options.