CONDITIONAL DRIVING PERMITS

    A conditional driving permit can be awarded in the criminal and/or the ADLRO case.

criminal case conditional permit

   A license suspension for a first offense always involves 30 days of absolute suspension.  During the 30 day period there is no driving, anywhere, for any reason.  However, when a conditional driving permit is properly granted, for 60 of the 90 days, you will be permitted to drive: 

    (1) to and from work; or

    (2) to and from work and for work related purposes.

    The conditional permit can also enable you to drive to and from any driver's education classes that are ordered by the court, and to and from any court-ordered alcohol abuse treatment or counseling.  However, it does no good to receive a conditional permit as part of a criminal sentence, unless you either beat you ADLRO case, or are awarded similar conditional driving privileges by the ADLRO.

adlro case conditional permit

HRS §291E-44 Conditional license permits.

(a) (1) During the administrative hearing, the director, at the request of a respondent who is subject to administrative revocation for a period as provided in section 291E-41(b)(1), may issue a conditional license permit that will allow the respondent, after a minimum period of absolute license revocation of thirty days, to drive for the remainder of the revocation period; provided that one or more of the following conditions are met:

(A) The respondent is gainfully employed in a position that requires driving and will be discharged if the respondent's driving privileges are administratively revoked; or

(B) The respondent has no access to alternative transportation and therefore must drive to work or to a substance abuse treatment facility or counselor for treatment ordered by the director under section 291E-41.

(2) Notwithstanding any other law to the contrary, the

director shall not issue a conditional license permit to:

(A) A respondent whose license, during the conditional license permit period, is expired or is suspended or revoked as a result of action other than the instant revocation for which the respondent is requesting a conditional license permit under this section; or

(B) A respondent who has refused breath, blood, or urine tests for purposes of determining alcohol concentration or drug content of the person's breath, blood, or urine, as applicable.

(b) A request made pursuant to subsection (a)(1) shall be accompanied by:

(1) A sworn statement from the respondent containing facts establishing that the respondent currently is employed in a position that requires driving and that the respondent will be discharged if not allowed to drive; and

(2) A sworn statement from the respondent's employer establishing that the employer will, in fact, discharge the respondent if the respondent is prohibited from driving.

(c) A request made pursuant to subsection (a)(2) shall be accompanied by a sworn statement by the respondent attesting to the specific facts upon which the request is based, which statement shall be verified by the director.

(d) A conditional license permit may include restrictions allowing the respondent to drive:

(1) Only during hours of employment for activities solely within the scope of the employment;

(2) Only during daylight hours; or

(3) Only for specified purposes or to specified destinations.

In addition, the director may impose any other appropriate restrictions.

(e) The duration of the conditional license permit shall be determined on the basis of the criteria set forth in subsections (b) and (c).

(f) If the respondent violates the conditions imposed under this section, the conditional license permit shall be rescinded, and administrative revocation shall be immediate for the appropriate period authorized by law.

    Unlike the criminal courts, where conditional permits are usually given out upon request, some of the ADLRO's  hearing officers can be quite strict in enforcing the statutory requirements, placing restrictions on the times and places that you may drive with the conditional permit, and may simply refuse to grant one to you even if can meet the statutory requirements.  Even worse, if there is anything about your case that would make an ADLRO hearing officer want to impose more than a three month revocation (e.g. an MVA causing injury; excessive speed; reckless driving; alcohol concentration of .16 or above - i.e. twice the legal limit of .08), you may find yourself in a situation of having to withdraw your request for a hearing, and sticking with the three months of absolute revocation that you have now, or being forced to accept an increase in the period of revocation so that you can  receive a conditional permit (e.g. four months of conditional permit driving on a five month revocation; or five months of conditional permit driving on a six month revocation). 

    For as little as $300, Mr. Mac Master can provide representation for clients who want to request a conditional permit (without attempting to fight their ADLRO revocation).  Mr. Mac Master also suggests to certain potential clients that they should not incur the expense of hiring Mr. Mac Master, or any other attorney, to merely request a conditional permit from the ADLRO.  In such cases, the potential client hires Mr. Mac Master for the criminal case, and then follows these simple steps while representing himself/herself at the ADLRO hearing:

   1.    Take responsibility by saying:

            a.    "I'm sorry"

            b.    "I know was wrong"; and

            c.    "I won't do it again"; and

   2.    Answer the hearing officer's questions about your employment situation(s).

   However, before you throw in the towel and resign yourself to doing your own "permit beg" at the ADLRO, make sure that you have Mr. Mac Master review your police reports to determine determine whether:

        1.    There is any reasonable chance of getting you ADLRO revocation reversed entirely; and

        2.    There is a substantial possibility that you will encounter resistance from a hearing officer - or even worse, an increase in the period of your revocation.

   Mr. Mac Master is available to represent clients who truly need his assistance with a potentially problematic permit request, as well as those who would just feel more comfortable and secure by having the assistance of an attorney their hearing.  

Contact Mr. Mac Master today!

(808) 531-8080

click below to send e-mail to Mr. Mac Master

alohaleg@pixi.com


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