11. What happens at an ADLRO hearing?Posted on Jan 13, 2017 in
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.