Licenses Suspensions and Hearings in Hawaii DUI Cases

The information contained in this section applies to the civil administrative process that occurs upon an arrest for DUI in the state of Hawaii.

A separate and additional criminal case through the District Courts for acts arising out of the same incident will be filed as well. For more information on the criminal DUI process, click on the Hawaii DUI Process and Penalties tabs.

IMPLIED CONSENT - Any person who operates a vehicle upon a public way, street, road, or highway or on or in the waters of the state of Hawaii is deemed to have given consent to a test or tests of the person's breath, blood, or urine for the purpose of determining the concentration of alcohol or drug content therein. A chemical test may only be administered to a person who has been placed under lawful arrest. The DUI offender must be informed that they may refuse to submit to chemical testing, subject to the consequences listed below. If the person still refuses, or if the person submits to a chemical test that reveals an illegal BAC or presence of drugs, then the police will issue a notice of administrative revocation and indicate whether or not it will serve as a temporary permit.

ADMINISTRATIVE DRIVER'S LICENSE REVOCATION

Upon arrest for DUI in the state of Hawaii, offenders will face two separate legal proceedings. In addition to the criminal DUI charges that will be filed by the State, a civil administrative action will be initiated through the Administrative Driver's License Revocation Agency (ADLRO). The ADLRO is a state agency through which legal proceedings are conducted to determine whether the driving privileges of a person arrested for a DUI offense should be revoked. Persons who refuse to submit to chemical testing and those who submit to chemical testing that reveals a prohibited BAC level or drug content will have their driver's license revoked in accordance with the time periods listed below. The DUI offender's driver's license will be confiscated. Notice of the revocation will either be issued to the person at the time of their arrest or it will be mailed once chemical test results are obtained. Once a person has been notified of the State's intention to revoke his/her driving privileges as a result of an alcohol related DUI offense, the revocation will take effect 30 days after the date the notice of administrative revocation was issued. For persons suspected of DUI drug impairment, the revocation will take effect 44 days following the date the notice of the administrative revocation was issued.

Notice of the administrative review decision will be mailed to the offender within 8 days after the date of the issuance of the notice of administrative review revocation (if alcohol impairment is charged) or within 22 days (if the case involves impairment by drugs). 6 days following the date the decision is mailed, the DUI offender may request the director to schedule an administrative review hearing to review the revocation. A hearing will then take place within 25 days (if alcohol related offense) or 39 days (if drugs related offense). Failure to timely request a hearing will result in the automatic revocation of the person's privilege to drive in accordance with the penalties below.

The result of the administrative review hearing will be mailed within 5 days. If the administrative revocation is reversed after the hearing, the offender's license will be returned with a certified statement that the administrative revocation proceedings have been terminated. If, however, the director sustains the revocation following an administrative hearing, the DUI offender may file a petition for judicial review within 30 days after the hearing decision is mailed. The court will schedule a judicial review as quickly as practicable, and the review will be on the record of the administrative hearing without taking of additional testimony or evidence. The court will determine the following issues: 1) whether the director exceeded constitutional or statutory authority; 2) erroneously interpreted the law; acted in an arbitrary or capricious manner; 3) committed an abuse of discretion; or 4) made a determination that was unsupported by the evidence in the record.

HAWAII ADMINISTRATIVE DRIVER'S LICENSE REVOCATION PENALTIES

FIRST OFFENSE - 3 months - 1 year license revocation (or 6 months - 1 year if BAC .15 or higher)

SECOND OFFENSE WITHIN 5 YEARS - 1-2 year license revocation

THIRD OFFENSE WITHIN SEVEN YEARS - 2-4 year license revocation

FOURTH OR SUBSQUENT OFFENSE WITHIN 10 YEARS - lifetime license revocation

CHEMICAL TEST REFUSAL PENALTIES

FIRST OFFENSE REFUSAL - 1 year license revocation

SECOND OFFENSE REFUSAL - 2 year license revocation

THIRD OFFENSE REFUSAL - 4 year license revocation

FOURTH OR SUBSEQUENT OFFENSE REFUSAL - lifetime license revocation

MINORS UNDER THE AGE OF 18

Minors under the age of 18 who are arrested for DUI will face an administrative license revocation that will remain in effect until the minor's 18th birthday, or in accordance with the penalties listed above, whichever is longer.