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Frequently Asked Questions (FAQs)

DISCLAIMER: The ADLRO does not provide legal advice, and the answers provided in this FAQ are not intended to be legal advice. The laws and policies governing OVUII and the administrative driver’s license revocation process are subject to change, and the information provided in this FAQ may not be current. Furthermore, the information in this FAQ is intended to be general, and individual circumstances may be different. Contact an attorney for legal advice with respect to your specific case.

1. What is OVUII?

OVUII is “operating a vehicle under the influence of an intoxicant” in the state of Hawai’i.  An “intoxicant” can be alcohol and/or drugs.  See HRS 291E-61 & 291E-61.5.  OVUII may be referred to as “DUI” or “DWI” in other states, and many people informally refer to OVUII as “DUI” or “DWI” in HI.

2. I just got arrested for OVUII. What happens next?

If you got arrested for OVUII (“DUI”), the Administrative Driver’s License Revocation Office (ADLRO) generally has 8 calendar days for an alcohol related offense (or 22 calendar days for a drug related offense) in which to process a review decision.  The review decision will tell you whether your driver’s license is revoked (and for how long), or if your license is not revoked. 

You have 3 calendar days for an alcohol-related offense (or 17 calendar days for a drug related offense) from the date you were issued your notice of administrative revocation (NOAR) by the law enforcement officer when you were arrested to submit written information to the ADLRO stating why your license should not be revoked.  You may use the Request to Reconsider Administrative Revocation of License form to do this.  Required forms are available on this website.

3. What is a temporary driver’s permit?

Pursuant to HRS 291E-33, the law enforcement officer is required to take possession of any license held by you when you are arrested for OVUII.  When this happens, the law enforcement officer may issue you a temporary permit allowing you to operate a vehicle for 30 days for an alcohol related offense (or 44 days for a drug related offense) from the date you were issued your NOAR when you were arrested for OVUII.  The temporary permit is subject to the same restrictions as your license, and you must have it in your possession at all times when operating a vehicle.  You must possess a valid driver’s license at the time of arrest, and you must surrender the license to the law enforcement officer at the time of arrest, in order to get a temporary permit.

4. What if I didn’t have my license at the time of arrest?

If you possess a valid license, but you did not surrender it at the time of your arrest, you may still get a temporary permit by surrendering your license to ADLRO.  We may issue you a temporary permit for the remainder of the time left, up to 30 days for an alcohol related offense (or 44 days for a drug related offense) from the date you were issued your NOAR when you were arrested for OVUII.

5. How can I extend my temporary driver’s permit beyond 30 days (or 44 days for drugs)?

The temporary permit is only valid for 30 days for an alcohol related offense (or 44 days for a drug related offense) from the date you were issued your NOAR when you were arrested.  There is no extension of the temporary permit unless ADLRO authorizes it under certain limited circumstances (generally through a “Director’s Continuance” in conjunction with an ADLRO hearing).  You must possess a valid driver’s license and surrender it in order to get a temporary permit or extension of temporary permit.

Note that any additional temporary permit time granted by ADLRO in conjunction with a “Director’s Continuance” may be added to the end of the revocation period, if your license gets revoked.  Consequently, some Respondents choose not to request extensions of their temporary driver’s permits even if they qualify for an extension.

6. What if I have a duplicate license?

A duplicate driver’s license is treated the same as a non-duplicate license for administrative driver’s license revocation purposes.  You are required to surrender your duplicate driver’s license to the law enforcement officer when you are arrested for OVUII.  If you do not surrender your duplicate driver’s license at the time of arrest, then you are required to surrender it to the ADLRO before a temporary driver’s permit and/or extension of temporary driver’s permit can be granted.

You are not allowed to drive with a duplicate driver’s license if your license has been revoked.  Surrendered licenses, whether duplicate or non-duplicate, will not be returned to you unless your driver’s license revocation is rescinded by the ADLRO.  (If a driver’s license revocation is “rescinded”, it means that the license is no longer revoked).  You may be subject to serious criminal penalties if you attempt to drive a vehicle with a duplicate driver’s license while your driver’s license is revoked.  See HRS 291E-62.  If you have been arrested for OVUII and you still have a duplicate driver’s license in your possession, you should immediately surrender it to the ADLRO.

7. How is the number of years of license revocation determined?

The number of years of revocation is determined by law, based on how many prior alcohol/drug enforcement contacts you have and when they occurred, and whether you refused the breath/blood/urine test.  See HRS 291E-41.  The lengths of the revocation periods are listed on the four- page Notice of Administrative Revocation (NOAR) that is given to you by the law enforcement officer when you are arrested for OVUII.  Here is the table from the NOAR:

“Offense” Means Prior Alcohol Enforcement Contact or Drug Enforcement Contact You Took a Breath or Blood Test, and if applicable, a Blood or Urine Test You Refused to Be Tested
First Offense Within Five Years ONE YEAR TWO YEARS
Second Offense Within Five Years EIGHTEEN MONTHS THREE YEARS
Third Offense Within Five Years TWO YEARS FOUR YEARS
Fourth Offense or More Within Ten Years FIVE YEARS UP TO TEN YEARS TEN YEARS

8. Am I required to have an ADLRO hearing?

No.  The ADLRO hearing is optional, and you can request one if the review decision is unfavorable and you want to challenge your case further.  A hearing is not needed to obtain an ignition interlock permit and/or employee driver’s permit

8.1. Where are hearings held on the Neighbor Islands?

If you were arrested for OVUII on a Neighbor Island, you can have a telephonic hearing.  The ADLRO Hearing Officer will contact you by telephone and conduct the hearing over the telephone. 

Or you can request an in-person hearing on the island that you were arrested.  Kona hearings are generally held at the Family Court in the Lender’s Document Building, 77-6399 Nalani Street, Kailua-Kona, HI 96740.  Hilo hearings are generally held at the Hilo Judiciary Complex, Hale Kaulike Building, 777 Kilauea Avenue, Hilo, HI 96720.  Maui hearings are generally held at the Circuit Court Building, 2145 Main Street, Wailuku HI 96793.  Kauai hearings are generally held at the Kauai Judiciary Complex, 3970 Kaana Street, Lihue, HI 96766.  Molokai hearings are generally held at the Molokai District Court, 55 Makaena Place, Kaunakakai, HI 96748.

The exact location and specific room number will be noted on the letter informing you of the date/time for your hearing. Please contact the ADLRO if you have any questions about scheduling of telephonic or in-person hearings for Neighbor Island cases.

8.2. If I do not live in Hawai’i, will I have to return to Hawai’i for the hearing?

No.  If you were arrested for OVUII but you do not live in Hawai’i, and you request a hearing, you will not be required to return to Hawai’i for the ADLRO hearing.  You can request a telephonic hearing and/or you can have an attorney represent you and waive your appearance at the hearing.  If you have a telephonic hearing, the ADLRO Hearing Officer will contact you by telephone and conduct the hearing over the telephone.  If you have an attorney, you must submit a Notice of Representation and Authorization for Release of Information form to authorize the attorney to represent you at the ADLRO.  Required forms are available on this website. 

Note that even though you may not be required to return to Hawai’i for the ADLRO hearing, you may still be required to return to Hawai’i by the court if you have a criminal case.  The ADLRO only handles the administrative driver’s license revocation when you are arrested for OVUII.  The court separately handles the criminal charges when you are arrested for OVUII. See question # 26 below.

9. How do I request an ADLRO hearing?

If you want to request a hearing, your request must be received by the ADLRO within 6 calendar days of the review decision to get the hearing scheduled within 25 calendar days for an alcohol related offense (or within 39 calendar days for a drug related offense) of the date you were issued your NOAR when you were arrested.  If you request a hearing after 6 calendar days, but within 60 calendar days of the date you were issued your NOAR when you were arrested, your hearing will be scheduled within 30 calendar days of your received request.  As a general rule, hearings will not be scheduled if your request is beyond 60 calendar days of the date of the NOAR when you were arrested.  See HRS 291E-38.

Submit a hearing request form, or call ADLRO, to request a hearing. Required forms are available on this website. 

You may electronically submit a hearing request form to the ADLRO via e-mail (see question # 35.1 below), but you must deliver actual payment of the required hearing fee either in-person or by mail (see question # 10 below).  Your hearing will be scheduled once your request is received; however, your hearing will not be conducted as scheduled unless the required fee is paid in full prior to commencement of the hearing.  Furthermore, no requested subpoenas will be issued by the ADLRO unless/until the required hearing fee is paid in full (see question # 12 below).

Please also note that all information must be legibly included in the hearing request form in order to schedule a hearing.  Failure to legibly complete the hearing request form in its entirety may delay or prevent scheduling of the hearing.

10. Is there a fee for an ADLRO hearing?

Yes.  There is a non-refundable $30 fee for a hearing, payable by cash, check or money order (no credit or debit cards accepted), made payable to “State Director of Finance” (not to ADLRO).  There is also a non-refundable $25.00 fee for any returned checks.

The hearing fee is payable upon request for hearing.  If you subsequently withdraw your request for hearing or default by failing to appear for the hearing, you must still pay the hearing fee, or else you will not be eligible for relicensing at the end of your revocation period.

If you are indigent, you can request a waiver of the hearing fee by submitting a waiver request form & declaration, along with a copy of your most recent pay statement(s) and your last federal & state tax returns.  Required forms are available on this website.  If you request a fee waiver and it is denied, you must pay the $30 hearing fee in full prior to commencement of the hearing or else the hearing will not be conducted. 

No requested subpoenas will be issued by the ADLRO unless/until the required hearing fee is paid in full or waived (see question # 12 below).  Additionally, you will not be eligible for a relicensing form to get relicensed at the end of your revocation period if you owe any outstanding fees to the ADLRO (see question # 22 below).

11. What happens at an ADLRO hearing?

You may be represented by an attorney (at your expense), or you may represent yourself (called “pro se”).  If you are under the age of 18 at the time of the hearing, you must be accompanied by a parent or guardian.  An ADLRO Hearing Officer will conduct the hearing.  The Hearing Officer has the authority to: administer oaths/affirmations, examine witnesses & take testimony, receive & determine relevance of evidence, issue subpoenas, regulate the course & conduct of the hearing, and make a final ruling on the administrative revocation of your driver’s license.  The hearing is recorded.  The formal rules of evidence do not apply at the hearing.

The Hearing Officer will determine: 1.) if there was reasonable suspicion to stop the vehicle, or if the vehicle was properly stopped at an intoxicant control roadblock, or if the Respondent was tested in conjunction with a motor vehicle collision; 2.) if there was probable cause to believe that the Respondent operated a vehicle while under the influence of an intoxicant; and, 3.) if the evidence proves by a “preponderance” that the Respondent operated a vehicle under the influence of an intoxicant, or that the Respondent refused to submit to a breath/blood/urine test after being properly informed. 

Upon conclusion of the hearing, the Hearing Officer will issue a written decision within 5 calendar days sustaining or rescinding the revocation of the driver’s license.  If the Respondent’s license is revoked (i.e. the revocation is sustained), the Hearing Officer will consider any prior alcohol/drug enforcement contacts of the Respondent in determining the appropriate length of revocation.  The length of revocation may also be longer if the Respondent refused to submit to a breath/blood /urine test.

A written decision will be mailed to the Respondent within 5 calendar days after the hearing is concluded.  The Respondent has 30 calendar days from the date that the hearing decision is mailed to petition for judicial review of the decision; however, that does not stay the revocation of the driver’s license.  See HRS 291E-38 for administrative hearing procedures.

12. How are witnesses (including law enforcement officers) subpoenaed for an ADLRO hearing?

By law, the Respondent must request issuance of subpoenas for any witnesses he/she wants to testify (including law enforcement officers) no later than 5 calendar days prior to the scheduled hearing date. This means that the request for issuance of subpoenas must be actually received by the ADLRO no later than 5 calendar days prior to the scheduled hearing date.  The Request for Subpoenas To Be Issued form may be used for this request.  The actual subpoena form itself must be included with this request, with all of the required information about the witness filled out.  Required forms are available on this website.

If everything is in order, and the required $30.00 hearing fee has been paid in full, the ADLRO will approve and sign the subpoena to issue it.  The Respondent must then pick up the issued subpoena from the ADLRO, although Neighbor Island Respondents may arrange to have their issued subpoenas faxed or e-mailed to them by the ADLRO.

By law, the issued subpoena must then be personally served on the witness no less than 48 hours prior to the hearing by a person over age of 18 who is not a party to the case.  The Respondent is not allowed to serve the subpoena himself/herself.  The subpoena must be served by somebody else who is over the age of 18.

The return of service on the bottom of the subpoena must be completed certifying personal service of the witness, and the witness must sign the subpoena acknowledging receipt.  The subpoena with completed return of service and witness signature must be submitted to the ADLRO prior to the hearing.  See HRS 291-38(g).

The Respondent is responsible for effecting personal service on all requested witnesses, and for all costs of issuing subpoenas to the witnesses, including mileage fees.  See HRS 291E-39

Witnesses who are not properly and timely subpoenaed and served are not required to appear and testify at the hearing.  A witness who has been properly and timely subpoenaed and served is required to appear and testify at the hearing as scheduled.  Under certain circumstances, telephonic testimony may be authorized by the Hearing Officer.  Please immediately contact the ADLRO if you have any questions or concerns.

13. How do I postpone my hearing?

In order to postpone/continue your hearing, you must prepare and file a Request for Continuance/Notice of Continued Administrative Hearing with the ADLRO prior to your scheduled hearing date and time.  Required forms are available on this website.

You must state the specific reason(s) you are seeking a continuance, for example, need more time to consult with attorney, will be off-island on the scheduled hearing date, etc., in order for your request to be considered.  If your request is approved, a “Respondent’s Continuance” will be granted and you will be notified by mail of the new hearing date and time. Your Temporary Permit will not be extended and the revocation period will commence as stated in the review decision if you are granted a Respondent’s Continuance.

14. What happens if I am late or do not show up for my hearing?

If you are 15 or more minutes late for your hearing, or you do not show up for your hearing as scheduled, you may be held in default.  You should always contact the ADLRO as far in advance as possible if you are going to be late or need to reschedule your hearing.

If you are in default, your license revocation will be sustained.  You will receive a written decision confirming the revocation and detailing the default process.

15. What if I do not speak English?

All ADLRO business is conducted in English, and all ADLRO hearings are in English.  If you do not speak English, the ADLRO will provide an interpreter for you, at no cost to you. 

If you have questions or need information from the ADLRO, and you identify the language that you speak, the ADLRO can call a telephonic interpreter in your language to translate.  If you have a hearing and would like an interpreter, you should request an interpreter for your language as soon as possible in order to give the ADLRO time to arrange for the interpreter at your hearing.

Language identification cards for the most common non-English languages spoken in Hawai’i are available through Language Access Services.   

16. Am I required to install an ignition interlock device?

No.  It is only required if you want to drive during the license revocation period.  If you don’t want to drive during the license revocation period, then it is not required. 

If your license is revoked for OVUII and you want to be able to drive during the revocation period, then you need to install an approved ignition interlock device (IID), at your expense.  Once you have an approved IID installed, you can apply for an ignition interlock permit (IIP) that will allow you to drive that vehicle during the revocation period specified in the IIP. 

The IIP may be issued for the duration of your revocation period, or until your license expiration date, whichever comes first.  If your driver’s license expires during the revocation period, you may apply for an amended IIP after obtaining proof from DMV (Driver’s Licensing) that your driver’s license expiration date has been extended for IIP purposes. 

Required forms are available on this website.  You do not have to request a hearing to apply for an IIP.  Please use form # 3 to apply for an IIP.  Do not use form # 7, which is the application for an ignition interlock instruction permit (IIIP).

Note that in addition to the IIP, you must also have a valid state of Hawai’i identification card in order to operate a vehicle equipped with an IID.

An IID is not required if you do not want to drive during the revocation period.  You may be subject to serious criminal penalties if you attempt to drive during the revocation period without a valid IIP, or if you have an IIP and attempt to drive a vehicle without an approved IID during the revocation period.  See HRS 291E-62.

If you are required to drive a vehicle for work, you may apply for an “Employee Driver’s Permit” (EDP), but it requires documentation from both you and your employer.  EDPs will not be issued for any vehicles requiring CDLs or category 4 driver’s licenses.  See question # 18 below.

17. What do I need to submit to ADLRO to obtain an ignition interlock permit?

You will need to submit a copy of your approved ignition interlock device (IID) installation agreement from SmartStart, proof of valid motor vehicle insurance, and an ignition interlock permit (IIP) application. 

Required forms are available on this website.  You do not have to request a hearing to apply for an IIP.  Please use form # 3 to apply for an IIP.  Do not use form # 7, which is the application for an ignition interlock instruction permit (IIIP).

In order to qualify for an IIP, you must have had a valid driver’s license at the time of arrest.  If you did not possess a valid driver’s license at the time of arrest, you cannot get an IIP or an employee driver’s permit, but you may qualify for an ignition interlock instruction permit (IIIP) following the same requirements in HRS 291E-61.6 as those who have lifetime license revocations.

17.1 Can I apply for an ignition interlock permit if my license is expired, suspended or revoked from another case?

No.  Under current law, a Respondent whose license is expired, suspended or revoked as a result of action other than the instant revocation is not eligible for an ignition interlock permit (IIP). If your license is currently expired, suspended or revoked from another case, you are not eligible for apply for an IIP.  See HRS 291E-44.5(b).

For example, assume Respondent was arrested for OVUII on January 1, 2016, and he/she was issued a one-year license revocation through December 31, 2016.  He/she did not apply for an IIP at that time.  If that same individual is arrested for OVUII again on July 1, 2016 and issued a two-year revocation through June 30, 2018, then he/she would not be eligible to apply for an IIP for either OVUII arrest/revocation.  Assuming this individual is not arrested again for OVUII, and his/her license is still not expired, he/she would regain eligibility to apply for an IIP effective January 1, 2017, at the conclusion of the first revocation, provided all other relicensing requirements are satisfied (i.e. successfully complete all Driver’s Education requirements).

The same applies for an employee driver’s permit (EDP) as well (see question # 18 below).

17.2 How much does an ignition interlock device (IID) cost? Is there a fee waiver for the IID?

SmartStart is the approved IID vendor for the state of Hawai’i.  All costs for the IID will be directly charged to you by Smart Start, at your own expense. The ADLRO has nothing to do with the IID, or with any costs or charges for the IID.  That is strictly between you and Smart Start.

According to Smart Start, installation of the IID is a one-time fee of $84, and the IID costs $89 every month thereafter for lease and calibration of the device. There is a $50 fee charged by Smart Start should you incur a lock out due to a program violation.

Individuals who are receiving current EBT/SNAP benefits from the State of Hawai’i may have their cost reduced by Smart Start. Please call Smart Start at 808-695-2416 for more information and to see if you qualify.

*** Note that you must submit proof of eligibility/documentation from DHS to Smart Start showing current EBT/SNAP benefits.  Providing an EBT card to Smart Start is not enough. Documents must have name, case no. and current benefit amount listed.

17.3 Can I use my ignition interlock permit to drive in another state if I go back to the mainland?

Maybe not.  The ignition interlock permit (IIP) issued by the ADLRO is only valid in the state of Hawai’i.  There is no guarantee that another state will accept the Hawai’i IIP to allow you to drive in that state with an ignition interlock device.  Check with the appropriate authorities in your new state to determine if they will accept the Hawai’i IIP.  There is nothing ADLRO can do for you with your new state, other than confirm that you have been issued a valid Hawai’i IIP. 

Note that there is a “stopper” in your record that will prevent you from being able to get relicensed in any state prior to the expiration of your Hawai’i revocation period and completion of all requirements for your Hawai’i revocation (e.g. Driver’s Education).

17.4 If I have an ignition interlock permit (IIP) and buy a new vehicle, will I need to apply for a new IIP if I get the ignition interlock device (IID) installed in my new vehicle?

No.  Once an IIP is issued, it authorizes you to drive any vehicle with a properly installed IID.  Note that any vehicle you operate with an IID must be properly insured at all times in accordance with HRS 431:10C-104 or HRS 431:10C-105.  No other action is required on your part with respect to the ADLRO.

However, although not required, you have the option to notify the ADLRO of your new vehicle and provide a copy of your new IID installation agreement from SmartStart, along with proof of valid insurance for the new vehicle.  If you provide this information to the ADLRO, we will enter it into your case file in the event any questions arise in the future regarding the IIP and your operation of that vehicle.

18. How do I apply for an employee driver’s permit (EDP)?

Both you and your employer must submit completed and signed forms to apply for an EDP.  Required forms are available on this website. You do not have to request a hearing to apply for an EDP.  Both form # 2 and form # 2a must be submitted to apply for an EDP.  Failure to submit both forms will result in denial of the EDP.

The EDP can only be granted if you will be discharged from employment if you are prohibited from driving an employer-owned vehicle for work, and your employer must provide the vehicle registration(s) for the specific work vehicle(s) that you are required to drive. 

Your employer must also specify the exact days (e.g. M-F) and work hours (not to exceed 12 hours per day), plus additional restrictions (e.g. specific routes, number of passengers, etc). Your employer must submit their business card and a copy of the employer-owned motor vehicle registration(s) for the vehicle(s) that you will be operating.  EDPs will not be issued for any vehicles requiring CDLs or category 4 driver’s licenses.

EDPs are very limited.  They only authorize you to drive the specified employer-owned vehicle(s) for work, and nothing else.  They are not issued unless your employer submits a sworn statement on your behalf, and numerous additional restrictions can be placed on EDPs.  If you need to drive a personal vehicle to and from work, you may apply for an ignition interlock permit

18.1 If I am the owner of a business, can I be issued an employee driver’s permit (EDP) for that business?

No. An EDP can only be granted if you will actually be discharged from employment if you are prohibited from driving a work vehicle. As the employer and owner of the business, you cannot discharge yourself.  If you have any ownership interest in the business, you cannot be granted an EDP for that business.  You may, however, apply for an ignition interlock permit (see question # 17 above).

If you do not actually have any ownership interest in the business yourself, but the business is owned by family or friends, your EDP application for that business will likewise be viewed circumspectly.  You must definitively show that you will in fact be discharged from employment if you are prohibited from driving a work vehicle for that business.  You may be asked to provide proof of who actually owns the business and additional information when applying for an EDP.

19. Can I still get an ignition interlock permit (IIP) and/or employee driver’s permit (EDP) if I lost my license?

If you held a valid license (not expired, suspended or revoked) at the time of your OVUII arrest, but it was lost or stolen, you may still qualify for an IIP and/or EDP for good cause shown.  You must submit a signed and sworn declaration or affidavit stating the specific circumstances under which your license was lost or stolen along with your application for IIP and/or EDP, and it will be considered with your application.   Form # 20 is a declaration of lost license that can be used for this purpose 

 

 

20. When would I need to apply for an amended ignition interlock permit (IIP) and/or an amended employee driver’s permit (EDP)?

There are two primary reasons why you would need to apply for an amended IIP and/or an amended EDP: 1.) your underlying revoked driver’s license expires prior to the end date of your revocation period; or, 2.) the end date of your revocation period has been extended due to temporary permit(s) issued allowing you to drive during the revocation period (see question # 5 above).  EDPs also need to be amended if employers, vehicles and/or other conditions change.

Regular IIPs and EDPs are only issued for a certain duration, which is the shorter of your revocation end date or the expiration date of your underlying revoked driver’s license. If you have an IIP and/or EDP and your driver’s license expiration date is prior to the end date of your revocation, you will need to apply for an amended IIP and/or an amended EDP after you get the expiration date of your revoked driver’s license extended at DMV (Driver’s Licensing).  Contact DMV (Driver’s Licensing) to get the expiration date of your revoked driver’s license extended for IIP and/or EDP purposes prior to the expiration of your IIP and/or EDP, and then apply for an amended IIP and/or an amended EDP with the ADLRO.  Required forms to apply for an amended IIP and/or amended EDP are available on this website.

If you have an IIP and/or EDP and the end date of your revocation gets extended for any reason, you must reapply for an amended IIP and/or amended EDP to also extend the end date of your IIP and/or EDP.  Otherwise, your IIP and/or EDP will expire prior to the end date of your revocation.  Required forms to apply for an amended IIP and/or amended EDP are available on this website.

21. Why do I have to go to Driver’s Education?

Everyone whose driver’s license is revoked for OVUII is required to complete an assessment of substance abuse/dependence and the need for treatment through the Division of Driver Education. If you do not successfully complete all Driver’s Education requirements, then ADLRO cannot issue you a relicensing form to enable you to apply for relicensing after expiration of your administrative driver’s license revocation.  See HRS 291E-41(d).  Contact information for the Division of Driver Education is on this website under links.

22. Will ADLRO issue me a relicensing form before the end of my revocation period?

Yes, but DMV (Driver’s Licensing) may not actually issue you a new license until after the revocation period is complete.  In order to get a relicensing form from ADLRO up to 30 days prior to the end of your revocation period, you must have a valid ignition interlock permit (IIP), and you must have complied with all other ADLRO requirements for your license revocation, i.e. Driver’s Education.  If you do not have an IIP, the relicensing form will only be issued up to one week prior to the end of your revocation period.

Relicensing forms are not automatically issued by ADLRO.  You must contact our office to request a relicensing form. When the relicensing form is mailed to you, please DO NOT mail the form back to the ADLRO.  You or your attorney may also pick up the relicensing form in person from the ADLRO, or you may authorize somebody else to pick up the form for you.  If somebody else is picking up the form on your behalf, you must write a signed statement authorizing them to pick up the form for you, and they must bring that statement and valid ID with them.

You need to take the ADLRO relicensing form to DMV (Driver’s Licensing) to begin the relicensing process; however, DMV (Driver’s Licensing) may not actually issue a new license to you until after the license revocation period has fully expired.  If you have any other license “stoppers” from the courts, the Office of Financial Responsibility and/or from any other government agencies in Hawai’i or in any other state(s), you must also take care of all those outstanding requirements before you can be relicensed.

23. Does ADLRO return my license to me at the end of my revocation period?

No.  Your license is never returned to you if it is revoked in connection with OVUII, regardless of whether it’s a Hawai’i license or an out-of-state license.  ADLRO will issue you a relicensing form if your revocation period is over and you have successfully completed all ADLRO requirements, but we will never return a revoked license to you.  You must take the relicensing form to DMV (Driver’s Licensing) to get relicensed again.  If you successfully get relicensed, DMV (Driver’s Licensing) will issue you a new driver’s license. If you have an out-of-state license, you must get relicensed in that state.

If your license revocation is rescinded (i.e. the license is not revoked) and ADLRO has your license, then your license may be returned to you if it is still valid.  Contact our office if you have any questions, if your license revocation is rescinded.

24. Can my driver’s license revocation be taken out of the system when my revocation period is over?

No.  All administrative license revocations for OVUII in Hawai’i are reported in your Hawai’i traffic record (see: http://www.courts.state.hi.us/self-help/traffic/traffic_abstracts), and they are reported in your nationwide record through the National Driver Register (NDR) and the Problem Driver Pointer System (see: http://www.nhtsa.gov/Data/National+Driver+Register+(NDR)).  Thus your record follows you anywhere in the state of Hawai’i, and in any other state. 

All administrative license revocations for OVUII in Hawai’i are also reported in eCourt Kokua, which is the Hawai’i State Judiciary database; this system is also referred to as “JIMS” (Judiciary Information Management System).  You can publicly access this system on the internet at: http://www.courts.state.hi.us/legal_references/records/jims_system_availability.   

ADLRO does not remove these revocations from your record; however, if your revocation period is over, and you have successfully completed all ADLRO requirements (i.e. Driver’s Education), ADLRO will update the various systems of record to reflect the completion of your case to help reinstate your eligibility for relicensing.  If you have any other license “stoppers” from the courts, the Office of Financial Responsibility and/or from any other government agencies in Hawai’i or in any other state(s), you must also take care of all those outstanding requirements before you can be relicensed.

25. I was arrested for OVUII while driving my car, and my license was administratively revoked. Can I still drive my moped, motorcycle, or motor scooter?

No.  When your driver’s license is administratively revoked for OVUII, all classes of driver’s licenses that you hold are revoked. Class (1) licenses are for mopeds, Class (2) licenses are for motorcycles and motor scooters, and Class (3) and Class (4) licenses are for cars and other vehicles.  If you are arrested for OVUII while driving a car under your Class (3) license, and you also hold Class (1) and/or Class (2) licenses, your privilege to drive under your Class (1) and/or Class (2) licenses is also revoked.  Thus you would not be permitted to drive any other type of vehicle, including a car, moped, motorcycle or motor scooter.    

26. If my case is dropped at court, why is it not dropped at ADLRO?

It is not dropped at ADLRO because there are two separate parts to the OVUII.  The court handles the criminal side and ADLRO handles the administrative (civil) side.  If one side is dropped, it does not mean that the other side is dropped.  You need to take care of the court and ADLRO separately. 

There are a number of different possible outcomes.  It is possible that ADLRO may sustain your driver’s license revocation, but you may not get convicted of OVUII in court.  Likewise, it is possible that ADLRO may rescind (i.e. cancel) your driver’s license revocation, but you may still get convicted of OVUII in court.  It is also possible that ADLRO sustains your driver’s license revocation and you get convicted of OVUII in court, or that ADLRO rescinds your driver’s license revocation and you do not get convicted of OVUII in court.

When a person’s driver’s license is administratively revoked by the ADLRO for OVUII, and the person is also convicted of OVUII in court arising out of the same occurrence, the total period of revocation imposed in the two proceedings may not exceed the longer period of revocation imposed in either proceeding.  See HRS 291E-32.

27. I have a lifetime driver’s license revocation for OVUII. What are the steps I have to take to get an ignition interlock instruction permit (IIIP) and then an ignition interlock permit (IIP)?

This is a complicated process that involves ADLRO, the District Court and DMV (Driver’s Licensing).  Each step must be completed correctly to ultimately be issued an IIIP and then an IIP by ADLRO.  See HRS 291E-61.6 for full details.  Required forms are available on this website.  You must:

  1. Complete the required substance abuse assessments for all of your OVUIIs through Driver’s Education.
  2. Request a “Certificate of Compliance” through ADLRO.
  3. Take the “Certificate of Compliance” to District Court because you have to petition the court for permission to apply for an ignition interlock instruction permit (IIIP).
  4. Bring the original court order to ADLRO, and we will issue you a “Certified Statement of Eligibility for Ignition Interlock Instruction Permit” and give you an IIIP application form.
  5.  Take the “Certified Statement of Eligibility for Ignition Interlock Instruction Permit” to DMV to take the written and the eye tests.
  6. Submit the document from DMV showing that you passed the tests to ADLRO.
  7. Install an approved ignition interlock device (IID) in your vehicle (to be used to take the road test at DMV).
  8. Submit a copy of your IID lease agreement, proof of valid insurance, proof of valid motor vehicle registration for the vehicle in which the IID is installed, and the IIIP application form to ADLRO.
  9. If everything is in order, ADLRO will mail you the IIIP (need to have a licensed driver in the vehicle when you drive).
  10. Go to DMV to take the road test.
  11. If you pass the road test, you must submit proof along with an IIP application form to ADLRO.  You must always submit proof of valid insurance and installed approved ignition interlock device to apply for an IIP.
  12. Finally, an IIP will be mailed to you by ADLRO if all proper documents are submitted correctly.

Note:  After a minimum period of five years from issuance of an IIP, a person subject to a lifetime revocation for OVUII may file a petition in District Court to reinstate their eligibility to apply for a driver’s license in accordance with the procedures specified in HRS 291E-61.6(e).

27.1 Do only persons with lifetime revocations qualify for an Ignition Interlock Instruction Permit (IIIP)?

No.  Certain other categories of persons may also qualify to apply for an IIIP, including:  1.) anyone with a Hawai’i driver’s license whose license was expired at the time of arrest; 2.) anyone who had a Hawai’i learner’s permit or instruction permit at the time of arrest; 3.) anyone who was otherwise unlicensed at the time of arrest; or 4.) anyone with an out of state license which was expired at the time of arrest, or will expire during the revocation period.

28. How can I get a copy of my ADLRO case file?

You can request a copy of your entire case file, or just specific documents from the file.  If you requested a hearing and paid the fee, there is no charge for copies.  Please use the “Request for Copies” form to submit your request.

If you did not request a hearing, you will be charged for copies.  If you request a hearing but do not pay the fee, you will be charged for copies.  Please use the Request for Copies form to submit your request.  The current fee schedule is on the form (and subject to change). Make sure you provide your phone number when you submit your request for copies in case ADLRO has any questions about your request.
 

Required forms are available on this website.  Any fees for copies must be paid before the copies are released to you, payable in cash, check or money order (no credit or debit cards accepted), made payable to “State Director of Finance” (not to ADLRO).  Please call ahead to the ADLRO to determine when your copies will be available.

29. Can I request copies of ADLRO case files even if I am not the Respondent?

Yes.  This is informally referred to as a “third party request”.  Public access to ADLRO records is authorized under the Hawai’i Court Records Rules (HCRR): http://www.courts.state.hi.us/docs/court_rules/rules/hcrr.htm   

There will be redactions made to the information before it is released, and you will be charged fees for the copies.  Please use the Request for Copies form to submit your request.  The current fee schedule is on the form (subject to change). ). Make sure you provide your phone number when you submit your request for copies in case ADLRO has any questions about your request. 

Required forms are available on this website.  Any fees for copies must be paid before the copies are released to you, payable in cash, check or money order (no credit or debit cards accepted), payable to “State Director of Finance” (not to ADLRO).  Please call ahead to the ADLRO to determine when your (redacted) copies will be available.

30. Someone else falsely used my identity when they were arrested for OVUII, and now my driver’s license has been revoked. What can I do?

Hawai’i’s criminal history records are supported by fingerprints of the individuals arrested. Because an individual at the time of arrest may use alias names, a fingerprint comparison, in conjunction with other identifying information, is the best way to be sure if a person was arrested or not.  If your fingerprints do not match the person who was arrested, then it may be possible for ADLRO to clear your driver’s license revocation.

If you know the arresting law enforcement agency, contact them first and request documentation certifying that you are not the person who was arrested for the OVUII leading to the license revocation in question.  This is the best proof that you were not the person arrested.  Honolulu Police Department Fingerprinting can be contacted at: 808-529-3111

You can also contact the Hawai’i Criminal Justice Data Center (HCJDC), a division of the Department of the Attorney General, to request a fingerprint background check: http://ag.Hawai’i.gov/hcjdc/ (phone: 808-587-3100).       

Once you get appropriate documentation showing that you are not the person who was arrested for the OVUII leading to the license revocation in question, submit a copy of that documentation to ADLRO.  We will work with you to clear your driver’s license revocation and help restore your eligibility for relicensing, if in fact you are not the person who was arrested for the OVUII leading to the license revocation.

31. How do I get my Commercial Driver’s License (CDL) back?

ADLRO does not deal with any CDL issues.  Since an administrative driver’s license revocation for OVUII can significantly impact your CDL, you should contact your nearest county CDL office to determine what you need to do with respect to your CDL. 

Call 808-487-5534 in Oahu for more information.  Call 808-241-4242 in Kauai for more information.  Call 808-270-7363 in Maui for more information.  Call 808-961-2224 in Hawai’i (Hilo) for more information.

You can also access the City and County of Honolulu Commercial Driver Licensing Center on the internet at: https://www.honolulu.gov/cms-csd-menu/site-csd-sitearticles/680-faqs-about-commercial-drivers-license-station-cdl.html.

32. I have a valid medical marijuana card issued by the State of Hawai’i Department of Health. Can I still be arrested for OVUII for operating a vehicle under the influence of marijuana and have my driver’s license administratively revoked?

HRS 291E-61(a)(2) prohibits the operation of a motor vehicle while under the influence of any drug “that impairs the person’s ability to operate the vehicle in a careful and prudent manner”.  There is no exception to HRS 291E-61(a)(2) for medical marijuana.  Thus you can in fact be arrested for OVUII and your driver’s license can be administratively revoked if you operate a vehicle under the influence of marijuana – medical or not – if it impairs your ability to operate the vehicle in a careful and prudent manner.  Note also that HRS 329-122(c)(2) does not permit the use of medical marijuana in any moving vehicle, and HRS 329-122(c)(1) does not permit the use of medical marijuana “that endangers the health or well-being of another person”.

33. How does the ADLRO compute dates?

All dates are computed in accordance with the law.  Generally, all dates are calendar days (not work days), and they are computed by excluding the first day and including the last, unless the last day is a weekend or holiday.  If the last day is a weekend or holiday, then it is generally also excluded.  See HRS 291E-46.

For example, if a person was arrested and issued a NOAR for OVUII (alcohol) on 1 January 2016, the ADLRO is generally required to issue a review decision within 8 calendar days; however, in this case, day 8 fell on Saturday, 9 January 2016.  Therefore, the end date is extended until the next working day, which is Monday, 11 January 2016.  The ADLRO review decision must be mailed out by close of business on 11 January 2016.

34. Where do we park when we come to ADLRO?

Parking is available in the American Savings Bank Tower where the ADLRO office is located (parking entrance located on Alakea Street), but the cost is $5.00 per half hour. There are many other parking garages available in the downtown area including places such as Alii Place (parking entrance located at 1099 Alakea Street), where municipal parking rates may be less expensive. Note that all parking rates vary and are subject to change. WE DO NOT VALIDATE ANY PARKING!

35. How do I submit documents to the ADLRO, and what are the hours of the ADLRO?

The ADLRO is open from 7:45 AM – 4:30 PM every Monday-Friday, with the exception of state holidays. 

Our physical and mailing address is: Administrative Driver’s License Revocation Office, 1001 Bishop Street, American Savings Bank Tower, Fifth Floor, Suite 500, Honolulu, HI 96813.

You can submit documents, make payments, request hearings and copies, ask questions, and conduct any other business in person at the ADLRO anytime during our normal business hours.  Any documents you submit in person at the ADLRO will be date/time-stamped when you submit them.

You can send documents, payments, requests for hearings and copies, and any other correspondence to the ADLRO via regular mail or express delivery, at your own expense, sent to our address above.  Any documents you send via mail or express delivery will be date/time-stamped when we actually receive them at the ADLRO during normal business hours, not when they are post-marked.  Note that there can be a number of days delay between when you mail something to the ADLRO and when we actually receive it during normal business hours, especially with mail coming from the Neighbor Islands and from certain areas of the mainland.

You can fax documentation and correspondence to the ADLRO at: 808- 534-6888.  Any documents you send via fax will be date/time-stamped when we actually receive them at the ADLRO during normal business hours, not when you transmit them or when the fax machine says we receive them.  The ADLRO date/time-stamp is the official date/time the document is received, not any date/time related to fax transmission or receipt. 

For example, you might fax a document to the ADLRO at 5:00 p.m. on Friday, 09/2/16, which is subsequently date/time-stamped by an ADLRO staff member on Monday, 09/5/16, at 8:00 a.m.  The official date/time of receipt of that document is Monday, 09/5/16, at 8:00 a.m. The ADLRO is not responsible for any technical problems with the fax machine.

Finally, you can now e-mail documentation to the ADLRO at: Respondents.ADLRO@courts.Hawai’i.gov.  This is the most convenient and reliable way for many people to submit documents to the ADLRO.

35.1 Can I e-mail documents to the ADLRO?

Yes, you can now submit documents to the ADLRO via e-mail! Completed and signed forms may be mailed, faxed, or delivered in person to the ADLRO, or they may be e-mailed to the ADLRO at: respondents.ADLRO@courts.hawaii.gov.

However, the e-mail box is intended to be used only for the transmission of documents to ADLRO and should not be used to communicate other information or to make inquiries; ADLRO will not respond to the e‑mails.  Please continue to call, write, or visit the ADLRO if you have any questions or concerns.

This is a cloud-based e-mail address that transmits to ADLRO through the normal Judiciary e-mail service.  Any encryption and/or additional security desired by the sender is the sender’s responsibility.  Normal PDF files can be sent encrypted with separate passwords to open the file, if desired by the sender.

Documents transmitted via e-mail will be printed and date/time-stamped by ADLRO staff.  The official date/time of receipt/filing is the date/time stamped on the document by the ADLRO, and not the date/time of e‑mail transmission or e-mail receipt.  Documents received by ADLRO on weekdays after 4:30 p.m., on weekends, or on state holidays, will be date/time-stamped the next ADLRO regular business day.  The ADLRO e‑mail box does not generate and transmit an automatic return receipt to the sender when a document is received.

ADLRO LINKS

Contact Us

ADLRO
1001 Bishop Street
American Savings Bank Tower
Fifth Fl., Suite 500
Honolulu, HI 96813

 

Office Hours:
Monday through Friday
7:45 a.m. to 4:30 p.m.
Closed on weekends and State holidays

Telephone:
808-534-6800
Fax: (808) 534-6888
Toll free: 1-866-826-5656