Hawaii has two sets of procedures that you must attend to when you have been charged with a OVUII—administrative and judicial. We suggest that you consult with a OVUII attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.
Administrative License Revocation (ALR) Procedures
Hawaii DMV (Department of Transportation)
Hawaii is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional OVUII judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device, and alcohol and drug rehabilitation.
You will be given a 14 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 15th day for 90 days, although first time offenders can request a work permit after 30 days. After the suspension period, you will be required to get an ignition interlock device.
Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
In Hawaii, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even if it is your first offense.
License Revocation, Fines and Jail
- First Offense – Misdemeanor: $150 to $1,000 fine + $75 surcharge, 48 hours to 5 days in jail, 3 months to 1 year license revocation [conditional ignition interlock license may be available after first 30 days of revocation] (6 months to 1 year if BAC 0.15% or above with no conditional license), possible 72 hours community service, attendance at a substance abuse program for 14 hours minimum.
- Second Offense – Misdemeanor: $1,000 to $3,000 fine + $75 surcharge, 5 days to 14 days in jail, (240 hours community service may be given in lieu of jail time), 2 to 3 years license revocation. [Conditional ignition interlock license may be available after first 30 days of revocation.]
- Third Offense – Misdemeanor: $500 to $2,500 fine + $75 surcharge, 10 to 30 days in jail, 1 to 5 years license revocation. [Conditional ignition interlock license may be available after first 30 days of revocation.] Possible forfeiture of vehicle.
- Fourth Offense – Felony: Fine at courts discretion + all costs, up to 5 years in jail, lifetime license revocation, up to 5 years’ probation.
For more information on Hawaii ignition interlock laws contact the Hawaii Department of Transportation.