Hawaii drivers who are arrested for drunk driving and have a BAC of 0.08% or higher or who refuse to take a blood, breath or urine test will have their license suspended. The arresting officer will confiscate their license and give them a Notice of Suspension/Revocation. This notice will serve as the driver’s temporary driving permit for 30 days, assuming that the driver’s license was not previously revoked or suspended.
Hawaii drivers are allowed to request an Administrative License review from the Administrative Driver’s License Revocation Office within 3 days of their DUI arrest. Drivers who are arrested for DUI due to drug use have 17 days from the DUI arrest to submit their request for an administrative review
What type of review is done by the Hawaiian Administrative Driver’s License Revocation Office?
The Hawaii process is a bit different than many states. First, the Administrative Driver’s License Revocation Office will review your request for a review and either decide to reinstate your Hawaii license or uphold the license suspension. The notification of their decision is generally made within eight days from the date or your DUI arrest or within 21 days of a DUI drug arrest.
So what if the Administrative License Revocation Office rules in your favor? They will send your license back to you and you will not face any administrative penalties, although this is not the end of the DUI. You may still face severe drunk driving penalties and drunk driving fines if you are charged and criminally convicted of a Hawaii DUI.
If the Administrative Driver’s License Revocation Office does not overturn the revocation you can appeal their decision by requesting an administrative hearing. This hearing is done in person and must be conducted within 25 days from the date of the DUI arrest (for alcohol related offenses) and within 39 days from a DUI arrested for drug use.
What are the penalties for refusing a chemical test for DUI in Hawaii?
Drivers must be notified at the time of the DUI arrest in Hawaii that they do have the right to refuse a blood alcohol chemical test but the office must detail the penalties of the refusal.
Drivers must be notified that their Hawaii license may be revoked for 12 months for refusing a chemical test if this is their first DUI and at least two years if this is their second DUI blood alcohol test refusal within five years. Keep in mind, two years is the minimum and it could be longer depending on other factors of the Hawaii DUI arrest.
Can I get a Conditional License during the Hawaii DUI license revocation?
At the in-person hearing the director may decide to grant you a hardship or conditional license after a 30 day period. Another option is to require you to install an ignition interlock device. A conditional license only allows you to drive to work.
Hawaii restricted licensing rules are pretty stringent and you may have to prove that you either have to drive as a requirement of your job or that you do not have other means to get to work such as public transportation. Drivers may have to have their employee issue a statement that driving is necessary for their employment, and drivers will have to also purchase SR22 insurance.
If you have been arrested for DUI in Hawaii, contact a DUI lawyer who can discuss both your administrative license suspension and your potential DUI license suspension if you are convicted of DUI.
- Second DUI – will I go to jail? (duiattorneyhome.com)
- DUI- How do I know if I was arrested for drunk driving? (duiattorneyhome.com)
- Former ‘Lost’ star Fox arrested for DUI (kitv.com)
Latest posts by Beth (see all)
- California DUI penalties for minors arrested for DUI? - May 6, 2017
- California DUI with minor in the car. What will happen? - April 30, 2017
- Delaware DUI what do I need to know? - April 23, 2017