"I defend & help people facing OVUII (DUI) charges and License Revocations in the state of Hawaii."
- Robert D. Eheler, Jr.
Attorney at Law
In Hawai‘i, the ADLRO has the first opportunity to revoke your license and/or driving privileges. In short, the administrative process deals with whether or not your driver’s license and privilege to drive will be revoked, and if so, for how long and under what conditions. A longer revocation period will be imposed for those that refuse and/or have prior convictions and/or license revocations. Unless the administrative proceeding is rescinded, the condition of the initial revocation period will be absolutely no driving for any purpose during the revocation period.
As noted above, the NOAR that you should have received from the arresting officer, puts you on notice that your license may be revoked. Even if you did not receive the NOAR, the ADLRO will, in most cases, administratively revoke your driving privileges in Hawai‘i. If you are unlicensed, have a license from another state or the officer did not take your license, the ADLRO may administratively revoke your driving privileges in Hawai‘i. If you surrendered a valid drivers, the officer should have checked the box provided that the NOAR also serves as your TEMPORARY PERMIT. This Temporary Permit is only valid for thirty (30) days from the issue date and there are no automatic extensions. As previously noted, immediately thereafter, the police department will assemble the NOAR along with the reports of the various officers involved and submit them along to the ADLRO where a review officer will review all reports submitted as well as the prior DUI conviction and administrative revocation history and alcohol and/or drug test results. After review, the review officer may rescind the administrative revocation proceedings in which case the NOTICE OF ADMINISTRATIVE REVIEW, aka Review Decision, will be mailed to you informing you that your drivers license is available for you to pick up. For the sake of the rest of this discussion, we’ll assume all criteria to revoke the license have been met. The review officer will determine the revocation period which is doubled in the case of a refusal case. The ADLRO then has eight (8) days for an alcohol related offense or 22 days for a drug related offense to mail the Review Decision informing you of the beginning and end dates of the revocation period and the steps to be completed to obtain a new license once the revocation period has ended. The Review Decision could be mailed earlier but, if the eighth or 22nd day falls on a Saturday, Sunday or a Holiday, then the Review Decision could be mailed on the next business day and still be timely.
Provided the administrative proceedings are not rescinded, once your license is administratively revoked, you will have to obtain a substance abuse assessment and complete any recommended treatment all at your own expense. Unless these requirements are completed prior to the end of the revocation period, you will be unable to apply for relicensing. Once completed, the Division of Driver Education will notify the ADLRO which will then issue you a RELICENSING FORM. With the relicensing form and the payment of a $20.00 reinstatement fee, you can take the written and driving examination to obtain a new license.
If you need to save your driver’s license, you and/or your attorney have only six (6) days to contact the ADLRO and request a hearing to avoid unnecessary loss of driving privileges. The six (6) day time limit is computed from the date the Review Decision was mailed to you. If time is running out or you are late, contact an attorney ASAP. Only by requesting a hearing is there any possibility of an extension on your temporary permit. At the hearing, you have the opportunity to subpoena and question the officers to challenge the stopping of your vehicle, the probable cause for your arrest, the alcohol concentration or drug results, if you completed an alcohol concentration or drug test, or the refusal, if you did not take an alcohol concentration or drug test. Your also have the right to present your own evidence, testify yourself and/or have your own witness(es) testify.
Alternatively, at your own expense, you can install an ignition interlock device and then apply for an ignition interlock device (IIP). If your employment requires you to drive your employer’s vehicle not equipped with an ignition interlock device, you must submit a sworn statement stating facts establishing that your employment requires driving and that you will be discharged if prohibited from driving a vehicle not equipped with an ignition interlock device. As further support, your employer must submit a sworn statement stating that you will be discharged if you are prohibited from driving a vehicle not equipped with an ignition interlock device, as well as, identify the specific vehicle and hours of the day you will drive. Driving time cannot exceed twelve hours per day.
Administrative Revocation Proceeding
ROBERT D. EHELER, JR. Attorney at Law
Pauahi Tower at Bishop Square 1003 Bishop Street, Suite 2700 Honolulu, HI 96813 (808) 531-9957