JONATHAN BURGE

Attorney at Law

Administrative civil penalties affect your drivers license only.  This office does not just look at criminal convictions.  They look for "alcohol contacts".  An alcohol contact is either a criminal or civil conviction for DUI.  Therefore, even if you had won a criminal DUI in the last five years, if you lost at the revocation office, they will use that against you to enhance the current license revocation.

All of the States have an agreement.  Therefore, if your license is revoked in Hawaii, it is supposed to be flagged in other States.  If you had an out of State license and it is revoked in Hawaii, that license is sent back to the licensing State and they will honor Hawaii's revocation.

Another difference is that the civil proceeding revokes your license.  That means it is cut up and you have to take all of the tests over to be re-licensed.  If you win this part and lose the court case, they merely suspend your license.  This means that they will hold it during the suspension and give it back after the time has run.  You don't have to re-take all of the tests.

1st Alcohol Contact in 5 Years

Your license can be revoked between 90-days and one year.  There must be an absolute revocation of 30-days, during which you can't drive for any purpose.  After 30-days, they can give you a permit to drive to and from, and during, work, and for alcohol classes.  However, to get the work permit, you must show that you have no means of alternate transportation.

If you refuse to take any alcohol tests, and the hearing officer finds that the officer had a reasonable suspicion that you were DUI, and explained your options to you, your license must by revoked for 1 year with absolutely no driving during that period.  What most people don't realize is that the hearing office has the discretion to revoke your license for one year on a first offense, even if you did take a test.  However, many of our clients have had the one year revocation reduced when we have argued for certain technical exceptions on their behalf.

NOTE SPECIAL PENALTIES FOR "HIGHLY INTOXICATED" DRIVERS.

2nd Alcohol Contact in 5 years

Your license must be revoked absolutely for 1-2 years.  That means no driving for any reason during that period.

If you refuse to take any alcohol tests, and the hearing officer finds that the officer had a reasonable suspicion that you were DUI, and explained your options to you, your license must by revoked for 2 years with absolutely no driving during that period.

3rd Alcohol Contact in 7 Years

Your license must be revoked absolutely for 2-4 years.  That means no driving for any reason during that period.

If you refuse to take any alcohol tests, and the hearing officer finds that the officer had a reasonable suspicion that you were DUI, and explained your options to you, your license must by revoked for 4 years with absolutely no driving during that period.

4th Alcohol Contact in 10 Years

Your license must be revoked for the rest of your life.  That means no legal driving ever again.

Changes on October 1, 2000

The 2000 legislature has made major modifications to the Administrative Drivers License Revocation law as of October 1, 2000.  It calls for mandatory vehicle registration revocation for the same period the license is suspended.  This is covered in the DUI forfeiture section of this site.

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