ADMINISTRATIVE REVOCATION OF DRIVER'S LICENSE

HAWAII REVISED STATUTES

CHAPTER 286

HIGHWAY SAFETY
(Selected Sections)
(Updated February 25, 1998)

PART XIV. ADMINISTRATIVE REVOCATION OF DRIVER'S LICENSE

HRS Section 286-251. Definitions.

As used in this part, unless the context otherwise requires:

"Administrative revocation" means termination of the arrestee's license pursuant to this part and does not include any revocation imposed under section 291-4.

"Alcohol concentration" means either grams of alcohol per one hundred milliliters or cubic centimeters of blood or grams of alcohol per two hundred ten liters of breath.

"Alcohol enforcement contact" means any administrative revocation ordered pursuant to this part; any driver's license suspension or revocation imposed by this or any other state or federal jurisdiction for refusing to submit to a test for alcohol concentration in the person's blood; or any conviction in this or any other state or federal jurisdiction for driving, operating, or being in physical control of a motor vehicle while having an unlawful concentration of alcohol in the blood, or while under the influence of alcohol.

"Arrestee" means the person arrested for violation of section 291-4 who is subject to administrative revocation pursuant to this part.

"Certified substance abuse counselor" means any person certified by the department of health pursuant to section 321-193(10), or any other substance abuse specialist or medical practitioner the director of health may appoint to carry out the functions of a certified substance abuse counselor under this part.

"Director" means the administrative director of the courts or any other person within the judiciary appointed by the director to conduct administrative reviews or hearings or carry out other functions relating to administrative revocation under this part.

"License" means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this State and includes:

(1) Any temporary license or instruction permit;

(2) The privilege of any person to drive a motor vehicle regardless of whether the person holds a valid license;

(3) Any nonresident's operating privilege; and

(4) The eligibility, including future eligibility, of any person to apply for the privilege to drive a motor vehicle.

"Motor vehicle" has the same meaning as in section 286-2, except that it specifically includes a 'moped" as defined in that section.

"Nonresident's operating privilege" means the privilege conferred by law upon a nonresident to operate a motor vehicle in this State.

"Notice of administrative revocation" or "notice" means the written notice issued to the arrestee by the arresting officer pursuant to this part.

"State" means any state of the United States; the District of Columbia; the Commonwealth of Puerto Rico; the United States Virgin Islands; American Samoa; Guam; any province of the Dominion of Canada; and the Commonwealth of the Northern Mariana Islands, except when the word, in context, clearly refers to the State of Hawaii.

"Temporary permit" means that portion of the notice of administrative revocation which, when completed by the arresting officer, permits the arrestee to drive for thirty days or until such time as the director may establish under this part.

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HRS Section 286-252. Notice of administrative revocation; effect.

As used in this part, the notice of administrative revocation:

(1) Establishes that the arrestee's driving privilege in this State shall be terminated thirty days after the date of arrest or such later date as is established by the director under section 286-259 if the director administratively revokes the arrestee's license;

(2) Establishes the date on which administrative revocation proceedings against the arrestee were initiated; and

(3) Serves as a temporary permit to drive as provided in section 286-255.

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HRS Section 286-253. Criminal prosecution.

(a) Criminal prosecution under section 291-4 may be commenced concurrently with administrative revocation proceedings under this part; provided that documentary and testimonial evidence provided by the arrestee during the administrative proceedings shall not be admissible against the arrestee in any proceeding under section 291-4 arising out of the same occurrence.

(b) When a person's license is revoked under this part and the person also is convicted of an offense under section 291-4 arising out of the same occurrence, the total period of revocation or suspension imposed in the two proceedings shall not exceed the longer period of revocation or suspension imposed in either proceeding. If the person is convicted under section 291-4 prior to completion of administrative proceedings, the person shall surrender the temporary permit issued under this part at the time of entry of a plea of guilty or no contest, entry of a verdict of guilty, or of sentencing, whichever occurs first.

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HRS Section 286-254. Notice of administrative revocation; contents.

(a) The notice of administrative revocation shall provide, at a minimum and in clear language, the following general information relating to administrative revocation:

(1) The statutory authority for administrative revocation;

(2) An explanation of the distinction between administrative revocation and a suspension or revocation imposed under section 291-4; and

(3) That criminal charges filed pursuant to section 291-4 may be prosecuted concurrently with the administrative action.

(b) The notice, when completed by the arresting officer and issued to the arrestee, shall contain at a minimum the following information relating to the arrest:

(1) Information identifying the arrestee;

(2) The specific violation for which the person was arrested;

(3) The date issued and the date the administrative revocation is scheduled to go into effect;

(4) That the arrestee was informed of the sanctions of this part and of the consequences of refusing to be tested for alcohol content of the blood and whether or not the arrestee consented be tested;

(5) The expiration date of the temporary permit; and

(6) That the arrest will be administratively reviewed.

(1) That the review is automatic;

(2) That the arrestee may, within three days of the arrest, submit written information demonstrating why the arrestee's license should not be administratively revoked;

(3) The address or location where the arrestee may submit the information;

(4) That the arrestee is not entitled-to be present or represented at the review; and

(5) That the review decision shall be mailed to the arrestee no later than eight days after the date of the arrest.,

(d) The notice shall state that if the arrestee's license is not administratively revoked after the review, the arrestee's license shall be returned along with a certified statement that the administrative revocation proceedings have been terminated.

(e) The notice shall state that if the arrestee's license is administratively revoked after the review, a decision shall be mailed to the arrestee containing, at a minimum, the following information:

(1) The reasons why the arrestee's license was administratively revoked;

(2) That the arrestee may request the director, within six days of the date the decision is mailed, to schedule an administrative hearing to review the administrative revocation;

(3) That if the arrestee requests an administrative hearing within six days, the hearing shall be scheduled to commence no later than twenty-five days after the date of arrest;

(4) The procedure to request an administrative hearing;

(5) That failure to request an administrative hearing within the time provided shall cause the administrative revocation to take effect for the period and under the conditions established by the director in the decision;

(6) That the arrestee may regain the right to a hearing by requesting the director, within sixty days after the arrest, to schedule a hearing;

(7) That the director shall schedule the hearing to commence no later than thirty days after the request is made but that the temporary permit shall not, in any event, be extended if the arrestee fails to request an administrative hearing within the initial six-day period provided for that purpose;

(8) That failure to attend the hearing shall cause the administrative revocation to take effect for the period and under the conditions indicated; and

(9) The duration of the administrative revocation and other conditions which may be imposed, including alcohol counseling, alcohol treatment, and installation of an ignition interlock system.

(f) The notice shall provide, at a minimum, the following information relating to administrative hearings:

(1) That the arrestee shall have six days from the date the review decision was mailed to request that an administrative hearing be scheduled;

(2) That a request for an administrative hearing shall entitle the arrestee to review and copy all documents considered at the review, including the arrest report and the sworn statements, prior to the hearing;

(3) That the arrestee may be represented by an attorney, submit evidence, give testimony, and present and cross-examine witnesses; and

(4) That a written decision shall be mailed no later than five days after completion of the hearing.

(g) The notice shall state that if the administrative revocation is reversed after the hearing, the arrestee's license shall be returned along with a certified statement that the administrative revocation proceedings have been terminated.

(h) The notice shall state that if the administrative revocation is sustained at the hearing, a decision shall be mailed to the arrestee containing, at a minimum, the following information: ;

(1) The effective date of the administrative revocation;

(2) The duration of the administrative revocation;

(3) Other conditions which may he imposed by law; and

(4) The right to obtain judicial review.

(i) The notice shall state that failure to attend a scheduled hearing, shall cause the administrative revocation to take effect as provided in the administrative review decision.

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HRS Section 286-255. Arrest; procedures.

Whenever a person is arrested for a violation of section 291-4, on a determination by the arresting officer that:

(1) There was reasonable suspicion to stop the motor vehicle, or that the motor vehicle was stopped at an intoxication control roadblock established and operated in compliance with sections 286-162.5 and 286-162.6; and

(2) There was probable cause to believe that the arrestee was driving, operating, or in actual physical control of the motor vehicle while under the influence of intoxicating liquor;

the arresting officer shall immediately take possession of any license held by the person and request the arrestee to take a test for concentration of alcohol in the blood. The arresting officer shall inform the person that the person has the option to take a breath test, a blood test, or both. The arresting officer shall also inform the person of the sanctions under this part, including the sanction for refusing to take a breath or a blood test. The arresting officer shall then complete and issue to the arrestee a notice of administrative revocation and shall indicate thereon whether the notice shall serve as a temporary permit. The notice shall serve as a temporary permit, unless at the time of arrest the arrestee was unlicensed, the arrestee's license was revoked or suspended, or the arrestee had no license in the arrestee's possession.

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HRS Section 286-256. Immediate restoration of license.

If a test conducted in accordance with part VII and section 321-161 and the rules adopted thereunder shows that the arrestee's alcohol concentration was less than .08, the director or the arresting agency shall immediately return the arrestee's license along with a certified statement that administrative revocation proceedings have been terminated with prejudice.

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HRS Section 286-257. Sworn statements of law enforcement officials.

(a) Whenever a person is arrested for a violation of section 291-4 and submits to a test that establishes that the arrestee's alcohol concentration was .08 or more, the following shall be immediately forwarded to the director:

(1) A copy of the arrest report and the sworn statement of the arresting officer stating facts that establish that:

(A) There was reasonable suspicion to stop the motor vehicle or the motor vehicle was stopped at an intoxication control roadblock established and operated in compliance with sections 286-162.5 and 286-162.6;

(B) There was probable cause to believe that the arrestee had been driving, operating, or in actual physical control of the motor vehicle while under the influence of intoxicating liquor;

(C) The arrestee was informed of the sanctions of this part, that criminal charges may be filed, and the consequences of refusing to be tested for alcohol concentration; and

(D) The arrestee agreed to be tested;

(2) The sworn statement of the person responsible for maintenance of the testing equipment stating facts that establish that pursuant to section 321-161 and rules adopted thereunder:

(A) The equipment used to conduct the test was approved for use as an alcohol testing device in this State;

(B) The person had been trained and at the time the test was conducted was certified and capable of maintaining the testing equipment; and

(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;

(3) The sworn statement of the person who conducted the test stating facts that establish that pursuant to section 321-161 and rules adopted thereunder:

(A) The person was trained and at the time the test was conducted was certified and capable of operating the testing equipment;

(B) The person followed the procedures established for conducting the test;

(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated that the person's alcohol concentration was at, or above, the prohibited level; and

(D) The person whose breath or blood was tested was the person arrested;

(4) A copy of the notice of administrative revocation issued to the arrestee;

(5) Any driver's license taken into possession by the arresting officer; and

(6) A listing of any prior alcohol enforcement contacts involving the arrestee.

(b) Whenever a person is arrested for a violation of section 291-4 and refuses to submit to a test to determine alcohol concentration in the blood, the following shall be immediately forwarded to the director:

(1) A copy of the arrest report and the sworn statement of the arresting officer stating facts which establish that:

(A) There was reasonable suspicion to stop the motor vehicle or the motor vehicle was stopped at an intoxication control roadblock established and operated in compliance with sections 286-162.5 and 286-162.6;

(B) There was probable cause to believe that the arrestee had been driving, operating, or in actual physical control of the motor vehicle while under the influence of intoxicating liquor;

(C) The arrestee was informed of the sanctions of this part, that criminal charges may be filed, and the probable consequences of refusing to be tested for concentration of alcohol in the blood; and

(D) The arrestee refused to be tested;

(2) A copy of the notice of administrative revocation and the temporary permit issued to the arrestee;

(3) Any driver's license taken into possession; and

(4) A listing of all alcohol enforcement contacts involving the arrestee.

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HRS Section 286-258. Administrative review; procedures.

(a) The director shall automatically review the issuance of a notice of administrative revocation, and a written decision administratively revoking the license or rescinding the notice of administrative revocation shall be mailed to the arrestee no later than eight days after the date the notice was issued.

(b) The arrestee shall have the opportunity to demonstrate in writing why the arrestee's license should not be administratively revoked and shall submit any written information within three days of the notice, either by mail or in person, to the director's office or to any office or address designated by the director for that purpose.

(1) Any sworn or unsworn statement or other evidence provided by the. arrestee;

(2) The breath or blood test results, if any; and

(3) The sworn statements of the law enforcement officials, and other evidence or information required by section 286-257.

(d) The director shall administratively revoke the arrestee's driver's license if the director determines that:

(1) There existed reasonable suspicion to stop the motor vehicle or the motor vehicle was stopped at an intoxication control roadblock established and operated in compliance with sections 286-162.5 and 286-162.6;

(2) There existed probable cause to believe that the arrestee drove, operated, or was in actual physical control of the motor vehicle while under the influence of intoxicating liquor; and

(3) The evidence proves by a preponderance that the arrestee drove, operated, or was in actual physical control of the motor vehicle while under the influence of intoxicating liquor or while having an alcohol concentration of .08 or more or that the arrestee refused to submit to a breath or blood test after being informed of the sanctions of this part.

(e) If the evidence does not support administrative revocation, the director shall rescind the notice of administrative revocation and return the arrestee's license along with a certified statement that administrative revocation proceedings have been terminated.

(f) If the director administratively revokes the arrestee's driver's license, the director shall mail to the arrestee a written decision stating the reasons for the administrative revocation. The decision shall also indicate that the arrestee has six days from the date the decision is mailed to request an administrative hearing to review the director's decision. The decision shall also explain the procedure by which to request an administrative hearing, and shall be accompanied by a form, postage prepaid, which the arrestee may fill out and mail in order to request an administrative hearing. The decision shall also inform the arrestee of the right to review and copy all documents considered at the review, including the arrest report and the sworn statements of the law enforcement officials, prior to the hearing, Further, the decision shall state that the arrestee may be represented by, counsel at the hearing, submit evidence, give testimony, and present and cross-examine witnesses, including the arresting officer.

(g) Failure of the arrestee to request a hearing within the time provided in section 286-259(a) shall. cause the administrative revocation to take effect for the period and under the conditions provided in the administrative review decision issued by, the director under this section. The arrestee may regain the right to a hearing by requesting the director, within sixty days of the arrest, to schedule a hearing. The hearing shall be scheduled to commence no later than thirty days after the request is made. The administrative review decision issued by the director under this section shall clearly explain the consequences of failure to request an administrative hearing and the procedure by which the arrestee may regain the right to a hearing.

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HRS Section 286-259. Administrative hearing.

(a) If the director administratively revokes the arrestee's license after administrative review, the arrestee may request an administrative hearing to review the. decision within six days of the date the administrative review decision is mailed. The hearing shall be scheduled to commence no later than twenty.-five days from the date the notice of administrative revocation was issued. The director may continue the hearing only as provided in subsection (j).

(b) The hearing shall be held at a place designated by the director, as close to the location of the arrest as practical.

(d) The director shall conduct the hearing and have authority to:

(l) Administer oaths and affirmations;

(2) Examine witnesses and take testimony;

(3) Receive and determine the relevance of evidence;

(4) Issue subpoenas, take depositions, or cause depositions or interrogatories to be taken;

(5) Regulate the course and conduct of the hearing; and

(6) Make a final ruling.

(e) The director shall affirm the administrative revocation only if the director determines that:

(1) There existed reasonable suspicion to stop the motor vehicle or the motor vehicle was stopped at an intoxication control roadblock established and operated in compliance with sections 286-162.5 and 286-162.6;

(2) There existed probable cause to believe that the arrestee drove, operated, or was in actual physical control of the motor vehicle while under the influence of intoxicating liquor; and

(3) The evidence proves by a preponderance that the arrestee drove, operated, or was in actual physical control of the motor vehicle while under the influence of intoxicating liquor or while having an alcohol concentration of .08 or more or that the arrestee refused to submit to a breath or blood test after being informed of the sanctions of this part.

(f) The arrestee's prior alcohol enforcement contacts shall be entered into evidence.

(g) The sworn statements provided in section 286-257 shall be admitted into evidence. Upon notice to the director no later than five days prior to the hearing that the arrestee wishes to examine a law enforcement official who made a sworn statement, the director shall issue a subpoena for the official to appear at the hearing. If the official cannot appear, the official may at the discretion of the director testify by telephone.

(h) The hearing, shall be recorded in a manner to be determined by the director.

(i) The director's decision shall be rendered in writing and mailed to the arrestee no later than five days after the hearing. If the decision is to reverse the administrative revocation, the director shall return the arrestee's license along with a certified statement that administrative revocation proceedings have been terminated. If the decision sustains the administrative revocation, the director shall mail to the arrestee a written decision indicating the duration of the administrative revocation and any other conditions or restrictions as may be imposed pursuant to section 286-261.

(j) For good cause shown, the director may grant a continuance either of the commencement of the hearing or of a hearing that has already commenced. If a continuance is granted at the request of the director, the director shall extend the validity of the temporary permit for a period not to exceed the period of the continuance. If a continuance is granted at the request of the arrestee, the director shall not extend the validity of the temporary permit. For purposes of this section a continuance means a delay in the commencement of the hearing or an interruption of a hearing that has commenced other than for recesses during the day or at the end of the day or week.

(k) If the arrestee fails to appear at the hearing, administrative revocation shall take effect for the period and under the conditions established by the director in the administrative review decision issued by the director under section 286-258.

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HRS Section 286-260. Judicial review; procedure.

(a) If the director sustains the administrative revocation after administrative hearing, the arrestee may file a petition for judicial review within thirty days after the administrative hearing decision is mailed. The petition shall be filed with the clerk of the district court in the district in which the offense occurred and shall be accompanied by the required filing fee for civil actions. The filing of the petition shall not operate as a stay of the administrative revocation nor shall the court stay the administrative revocation pending the outcome of the judicial review. The petition shall be appropriately captioned. The petition shall state with specificity the grounds upon which the petitioner seeks reversal of the administrative revocation.

(b) The court shall schedule the judicial review as quickly as practicable, and the review shall be on the record of the administrative hearing without taking of additional testimony or evidence. If the petitioner fails to appear without just cause, the court shall affirm the administrative revocation.

(c) The sole issues before the court shall be whether the director exceeded constitutional or statutory authority, erroneously interpreted the law, acted in an arbitrary or capricious manner, committed an abuse of discretion, or made a determination that was unsupported by the evidence in the record.

(d) The court shall not remand the matter back to the director for further proceedings consistent with its order.

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HRS Section 286-261. Effective date and period of administrative revocation; criteria.

(a) Unless an administrative revocation is reversed or the temporary permit is extended by the director, administrative revocation shall become effective on the day specified in the notice. Except as provided in section 286-264, no license shall be restored under any circumstances and no conditional permit shall be issued during the administrative revocation period.

(b) The periods of administrative revocation that may be imposed under this part are as follows:

(1) Three months, if the arrestee's driving record shows no prior alcohol enforcement contacts during the five years preceding the date of arrest;

(2) One year if the arrestee's driving record shows one prior alcohol enforcement contact during the five years preceding the date of arrest;

(3) Two years if the arrestee's driving record shows two prior alcohol enforcement contacts during the seven years preceding the date of arrest;

(4) For life if the arrestee's driving record shows three or more prior alcohol enforcement contacts during the ten years preceding the date of arrest; or

(5) For arrestees under the age of eighteen years, the period remaining until the arrestee's eighteenth birthday, or for the appropriate revocation period provided in paragraphs (1) to (4) or in subsection (c), whichever is longer.

(c) The license of an arrestee who refuses to be tested after being informed of the sanctions of this part shall be revoked under subsection (b) (1), (2), and (3) for a period of one year, two years, and four years, respectively.

(d) Whenever a license is administratively revoked under this part, the offender shall be referred to a certified substance abuse counselor for an assessment of the offender's alcohol abuse or dependence and the need for treatment. The counselor shall submit a report with recommendations to the director. If the counselor's assessment establishes that the extent of the offender's alcohol abuse or dependence warrants treatment, the director may so order. All costs for assessment and treatment shall be paid by the offender.

(e) Alcohol enforcement contacts that occurred prior to August 1, 1991, shall be counted in determining the administrative revocation period.

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HRS Section 286-262. Notice to other states.

When a nonresident's driving privilege is administratively revoked under this part, the director shall notify, in writing, the officials in charge of traffic control or public safety in the nonresident's home state and in any other state in which the nonresident has driving privileges of the action taken in this State and shall return to the appropriate issuing authority in the other states any license seized under section 286-255.

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HRS Section 286-263. Administrative procedure act.

Neither the administrative review nor the administrative hearing provided under this part shall be subject to the contested case requirements of chapter 91. The availability of administrative review of an order of administrative revocation shall have no effect upon the availability of judicial review under this part.

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HRS Section 286-264. Conditional permits

(a) If an arrestee subject to administrative revocation under this part submitted to a breath or blood test and has had no prior alcohol enforcement contacts during the five years preceding the date of arrest, the director, at the request of the arrestee at the administrative hearing, may issue a conditional permit allowing the arrestee to drive after a minimum period of absolute license revocation of thirty days if one or more of the following conditions are met:

(1) The arrestee is gainfully employed in a position that requires driving and will be discharged if the arrestee's driving privileges are administratively revoked; or

(2) The arrestee has no access to alternative transportation and therefore must drive to work or to a substance abuse treatment facility or counselor for treatment ordered by the director under section 286-261.

(b) A request made pursuant to subsection (a)(1) shall be accompanied by:

(1) A sworn statement from the arrestee containing facts establishing the arrestee's current employment in a position that requires driving, and that the arrestee will be discharged if not allowed to drive; and

(2) A sworn statement from the arrestee's employer establishing that the employer will in fact discharge the arrestee if the arrestee is prohibited from driving.

(c) A request made pursuant to subsection (a)(2) shall be accompanied by a sworn statement by the arrestee attesting to the specific facts upon which the request is based, which statement shall be verified by the director.

(d) A conditional permit may include restrictions allowing the arrestee to drive:

(1) Only during hours of employment for activities solely within the scope of the employment;

(2) Only during daylight hours; or

(3) Only for specified purposes or to specified destinations.

In addition, the director may impose any other appropriate restrictions, including installation of an ignition interlock system.

(e) The duration of the conditional permit shall be determined on the basis of the criteria set forth in section 286-264(b) and (c).

(f) If the arrestee violates the conditions imposed under this section, the conditional permit shall be rescinded and administrative revocation shall be immediate for the appropriate period authorized by law.

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HRS Section 286-265. Eligibility for relicensing.

To be eligible for relicensing after a period of administrative revocation has expired, the person shall:

(1) Submit proof to the director of compliance with all conditions imposed by the director or by the court;

(2) Obtain a certified statement from the director indicating eligibility for relicensing;

(3) Present the certified statement to the appropriate licensing official; and

(4) Successfully complete each requirement for obtaining a new license in this State including payment of all applicable fees.

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HRS Section 286-266. Computation of time.

The time in which any act provided in this part is to be done is computed by excluding the first day and including the last, unless the last day is a Sunday or holiday, and then it is also excluded.

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HRS Section 286-271. Interisland shipping of vehicles; proof required.

(a) Except as provided in subsection (b), a legal owner of a vehicle shall not ship that vehicle interisland in this State unless the legal owner first presents to the shipper the legal owner's current certificate of registration showing that the person is the registered owner of the vehicle, picture identification, and a current motor vehicle insurance identification card for the vehicle. If the registered owner of the vehicle is not the legal owner of the vehicle, the registered owner must present to the shipper, the registered owner's current certificate of registration, the notarized written consent of the legal owner thereof to the transportation, and a motor vehicle insurance identification card. Presentation of a motor vehicle insurance identification card shall not be required for:

(1) Unlicensed propelled vehicles that are not intended for on-road use;

(2) Vehicles that have been repossessed by a regulated financial institution or vehicles that have been voluntarily surrendered to a regulated financial institution or its designated agent; or

(3) New unregistered vehicles shipped with a bill of lading.

(b) A legal owner of a damaged vehicle shall not ship that vehicle interisland in this State for repair, disposal, or salvage unless the legal owner first presents to the shipper the legal owner's current certificate of registration showing that the person is the registered owner of the vehicle and a picture identification, or a dealer's license, or a notarized bill of sale, as applicable, which evidences the vehicle's identification number or serial number. A registered owner of the vehicle who is not the legal owner of the vehicle must present a current certificate of registration and a notarized written consent of the legal owner thereof to the transportation or a dealer's license, or a notarized bill of sale, as applicable, which evidences the vehicle's identification number or serial number..

DUI | INTERISLAND SHIPPING | POINT SYSTEM | SEATBELTS

HAWAII LAWS (SELECTED)
Courts, Court Officers | Landlord-Tenant | Vehicles
TAXATION
General Excise Tax | Transient Accommodations Tax | Use Tax