DUI Lawyer Honolulu Discusses the Honolulu DUI Civil Administrative Action
After your arrest for DUI in the state of Hawaii there will be two separate legal proceedings. The criminal DUI charges that were outlined in a previous section of this website, as well as a Civil Administrative action that will be handled through the Administrative Driver’s License Revocation Agency. (ADLRO)
The ADLRO is a state agency that handles the legal proceedings used to determine whether a person arrested for a DUI offense should have their driving privileges revoked or not.
At the time of arrest, a DUI offenders driver’s license will be confiscated by the arresting officer. They will be issued a notice of revocation either at the time of arrest or mailed to them after the results of their chemical tests have been obtained. After someone has been notified by the state that their driving privileges will be revoked due to their DUI offense, the revocation will take place 30 days after the notice of administrative revocation was issued. For people that are suspected of a DUI drug impairment, the revocation will take place 44 days after the notice has been issued.
For alcohol-related cases, within eight days after the date of the notice of administrative review revocation a notice of the administrative review decision will be mailed to the DUI offender. For drug-related cases the notice will be mailed within 22 days.
Hearings for alcohol-related cases will take place within 25 days, drug-related offenses will be heard within 39 days.
If you and your DUI Lawyer Honolulu do not request a hearing within a timely manner your driving privileges will be revoked automatically in accordance with the penalties outlined below.
The results of the administrative review hearing will be mailed within five days of the hearing.
If the administrative revocation has been reversed at the hearing your license will be returned with the certified statement that the administrative revocation proceedings have been terminated. If the director at the Administrative Driver’s License Revocation Agency upholds the revocation your DUI lawyer may file a petition for judicial review within 30 days of the decision.
The court will schedule the judicial review as quickly as practical and the review will be on the record of the administrative hearing, not allowing any additional evidence or testimony. We highly recommend enlisting the services of an expert DUI lawyer when navigating through the administrative hearings.
The court will examine the four following issues:
1. Whether the director exceeded constitutional or statutory authority
2. Erroneously interpreted the law or acted in an arbitrary or capricious manner
3. Committed an abuse of discretion
4. Made a determination that was unsupported by the evidence in the record
There will be a $30 fee when a hearing is requested.
Hawaii Administrative Driver’s License Revocation Penalties
Three months to one year license revocation
Six months to one year if blood alcohol content (BAC) .15 or higher
Second Offense within five years
1 to 2 year license revocation
Third Offense within seven years
2 to 4 year license revocation
Fourth or subsequent Offense within 10 years
Lifetime license revocation
Chemical Test Refusal Penalties
First Offense Refusal – one year license revocation
Second Offense Refusal – two year license revocation
Third Offense Refusal – four year license revocation
Fourth or subsequent Offense Refusal- lifetime license revocation
Minors under the age of 18 anyone under the age of 18 who is arrested for DUI will face an administrative license revocation that will be in effect until the minor’s 18th birthday or in accordance with the penalties above whichever is longer
The administrative driver’s license revocation office can be found at: