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Administrative Review Hearing in Hawaii

Upon arrest, offenders will face two separate proceedings. One is a civil administrative action to go through the Administrative Driver’s License Revocation Agency (ADLRO).  ADLRA determines whether the driving privileges of the offender of a OVII offense should be revoked. Notice of the revocation will be issued either at the time of the arrest or mailed to them once the chemical test results are obtained. Once a person is notified that the State intends to revoke their driving privileges, the revocation will take effect 30 days after the date the notice of administrative revocation was issued.  Notice of the review decision will be mailed within 8 days of the issuance of the notice if it was alcohol impairment or 22 days if drug impairment. The offender may request to schedule an administrative review hearing to review the revocation.

An administrative review will then take place within 25 days for an alcohol related offense or 39 days if drug related offense. If the offender does not request a timely hearing, it will result in an automatic revocation of driving privilege. In the administrative review, the director will review the notice of revocation and issue a written decision. In conducting the review, the direct will consider any sworn or unsworn statements or other written evidence by the accused, the results of the breath, blood or urine results and any statements by law enforcement officers. The director will revoke the offender’s license and privilege to operate a vehicle if the director determines that there was reasonable suspicion to stop the vehicle, there was probable cause to believe the offender operated the vehicle under the influence of an intoxicant and the evidence proved that the offender operated a vehicle under the influence of an intoxicant. The director can also revoke the registration of any vehicle owned or registered to the offender and take custody of any plates issued if the offender is a repeated intoxicated driver.

Unless the administrative revocation is reversed, no license and privilege shall be resorted under any circumstances during the administrative revocation period. The offender will keep an ignition interlock device installed and operating in any vehicle they operate during the revocation period.

If the test conducted showed that the offender had a blood alcohol content of less than .08, the license and motor vehicle registration will be returned along with a certified statement that administrative revocation proceedings have been terminated with prejudice. In cases involving a drug related offense, if the offender’s blood or urine was found not to impair the ability to drive, their license and motor vehicle registration will be retuned along with a certified statement that the proceedings have been terminated with prejudice.

The director will review the notice of administrative revocation and will issue a written decision administratively revoking the license and privilege to operate a vehicle and the motor vehicle registration.


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