Effective date, conditions, and period of administrative revocation; criteria
HRS §291E-41
in effect291E-41. Effective date, conditions, 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 of administrative revocation. Except as provided in section 291E-44.5, no license to operate a vehicle shall be restored under any circumstances during the administrative revocation period. Upon completion of the administrative revocation period, the respondent may reapply and be reissued a license pursuant to section 291E-45.
(b) Except as provided in paragraphs
(4)(A)(ii) and (5) and in section 291E-44.5, the respondent shall keep an
ignition interlock device installed and operating in all vehicles operated by
the respondent during the revocation period. Except as provided in section
291E-5, installation and maintenance of the ignition interlock device shall be
at the respondent's expense. The periods of administrative revocation, with
respect to a license to operate a vehicle, that shall be imposed under this
part are as follows:
(1) A one year revocation of license to operate a
vehicle, if the respondent's record shows no prior alcohol enforcement contact
or drug enforcement contact during the ten years preceding the date the notice
of administrative revocation was issued;
(2) A two-year revocation of license to operate a
vehicle, if the respondent's record shows one prior alcohol enforcement contact
or drug enforcement contact during the ten years preceding the date the notice
of administrative revocation was issued;
(3) A four-year revocation of license to operate a
vehicle, if the respondent's record shows two or more prior alcohol enforcement
contacts or drug enforcement contacts during the ten years preceding the date
the notice of administrative revocation was issued;
(4) For a respondent who is a highly intoxicated
driver:
(A) If the respondent's record shows no prior
alcohol enforcement contact or drug enforcement contact during the ten years
preceding the date the notice of administrative revocation was issued:
(i) An eighteen-month revocation of license to
operate a vehicle, with mandatory installation of an ignition interlock device
in all vehicles operated by the respondent during the revocation period; or
(ii) A two-year revocation of license to operate
a vehicle, without mandatory installation of an ignition interlock device in
all vehicles operated by the respondent during the revocation period;
(B) If the respondent's record shows one
prior alcohol enforcement contact or drug enforcement contact during the ten
years preceding the date the notice of administrative revocation was issued, a
three-year revocation of license to operate a vehicle, with mandatory installation
of an ignition interlock device in all vehicles operated by the respondent
during the revocation period; and
(C) If the respondent's record shows two or
more prior alcohol enforcement contacts or drug enforcement contacts during the
ten years preceding the date the notice of administrative revocation was
issued, a six-year revocation of license to operate a vehicle, with mandatory installation
of an ignition interlock device in all vehicles operated by the respondent
during the revocation period;
(5) For respondents under the age of eighteen years
who were arrested for a violation of section 291E-61 or 291E-61.5, revocation
of license and privilege to operate a vehicle for the appropriate revocation
period provided in paragraphs (1) to (3) or in subsection (c); provided that
the respondent shall be prohibited from driving during the period preceding the
respondent's eighteenth birthday and shall thereafter be subject to the
ignition interlock requirement of this subsection for the balance of the
revocation period; or
(6) For respondents, other than those excepted
pursuant to section 291E-44.5(c), who do not install an ignition interlock
device in all vehicles operated by the respondent during the revocation period,
revocation of license to operate a vehicle for the period of revocation
provided in paragraphs (1) to (4)(A) or in subsection (c); provided that:
(A) The respondent shall be absolutely
prohibited from driving during the revocation period and subject to the
penalties provided by section 291E-62 if the respondent drives during the
revocation period; and
(B) The director shall not issue an ignition
interlock permit to the respondent pursuant to section 291E-44.5;
provided that when more than one administrative
revocation, suspension, or conviction arises out of the same arrest, it shall
be counted as only one prior alcohol enforcement contact or drug enforcement
contact, whichever revocation, suspension, or conviction occurs later.
(c) If a respondent has refused to be tested
after being informed:
(1) That the person may refuse to submit to testing
in compliance with section 291E-11; and
(2) Of the sanctions of this part and then asked if
the person still refuses to submit to a breath, blood, or urine test, in
compliance with the requirements of section 291E-15,
the revocation imposed under subsection (b)(1), (2),
or (3) shall be for a period of two years, four years, or eight years,
respectively.
(d) Whenever a license to operate a vehicle is
administratively revoked under this part, the respondent shall be referred to
the driver's education program for an assessment, by a certified substance
abuse counselor, of the respondent's substance 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
respondent's substance abuse or dependence warrants treatment, the director
shall so order. All costs for assessment and treatment shall be paid by the
respondent.
(e) Alcohol and drug enforcement contacts that
occurred prior to January 1, 2002, shall be counted in determining the
administrative revocation period.
(f) The requirement to provide proof of
financial responsibility pursuant to section 287-20 shall not be based upon a
revocation under subsection (b)(1).
[L 2000, c 189, pt of §23; am L 2001, c
157, §21; am L 2002, c 113, §7; am L 2004, c 90, §11; am L 2006, c 64, §8 and c
201, §5; am L 2007, c 198, §3; am L 2008, c 171, §6; am L 2009, c 88, §§5, 13,
17(2); am L 2010, c 166, §15; am L 2012, c 327, §17; am L 2021, c 216, §4]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0041.htmFetched: 11/10/2026