© 2014 Timothy I. Mac Master, Attorney at Law

 

The ADLRO Case

 

     The Administrative Drivers License Revocation Office ("the ADLRO") is a State agency that reviews your DUI arrest reports and then decides whether your privilege to drive in Hawaii will be administratively revoked.  If the ADLRO revokes your driving privileges, you will not be allowed to operate a motor vehicle (i.e. any car, truck, motorcyle or moped) on on any of Hawaii's public roads and highways during the period of revocation without an ignition interlock device (an exception may be made for you to drive your employer's vehicle without an interlock if certain conditions are met) . 

 

     The criminal case is a criminal prosecution conducted in a state or federal court. The ADLRO case is a civil proceeding conducted by a state administrative agency - i.e. the ADLRO. 

 

    The ADLRO case is separate and almost entirely independent from any criminal case that was generated by your DUI arrest.  It may be useful to think of it as the first of two bullets that are being shot at your driving privileges from two separate firing points. Bullet one is coming at you from the ADLRO.  Bullet two is coming at you from the criminal case. If either bullet hits you, the damage is done.  Consequently, even if you win your criminal case, your driving privileges will still be revoked, unless you win your ADLRO case as well. 

 

     If you lose your ADLRO case, your driving record will be damaged permanently with an entry showing an administrative revocation for DUI.  There are many good reasons to fight an ADLRO case and even seemingly indefensible cases can often be won by using a "subpoena fest" defense.  

 

The Notice Of Administrative License Revocation:  

The 30 Day Temporary Driver's Permit 

 

    If you had a valid driver's license in your possession at the time of your arrest, the arresting officer probably took it away from you. You should have been given a document entitled "Notice of Administrative License Revocation" which: (1) serves as a temporary driver's license for a period of 30 days; (2) notifies you that your driving privileges may be administratively revoked, with the period of revocation commencing on a date 30 days after the date of your arrest (for a DUI alcohol case); and (3) provides you with information about the administrative revocation process, your rights, and your responsibilities if you want to assert your rights. See HRS § 291E-33 and § 291E-34. If you do nothing to fight it, the revocation will usually commence 30 days after the date of your arrest. If the revocation is not reversed, a record of your arrest, and the administrative revocation for DUI that followed it, will probably remain on your driving record for at least ten years.

 

The Request To Reconsider Administrative

Revocation Of Driver's License Form:

Why You Should Not Send It To The ADLRO


    When you were in custody, you may have been given a form by the arresting officer entitled "Request To Reconsider Administrative Revocation Of Driver's License." It invites you to make a written statement concerning the reasons why you believe that your driving privileges should not be revoked. Mr. Mac Master usually advises his clients to toss the form into the nearest trash can. He then tells them that the form should be entitled "Request To Give The ADLRO More Rope To Hang You With" because that is what some poor souls do when they fill it out and hand it in the ADLRO.

 

     The unadvised usually do at least one of two things when filling out the "Request To Reconsider Administrative Revocation Of Driver's License" form: (1) write about how desperately they need their driving privileges and how much hardship they and their family will suffer if a revocation is imposed; and/or (2) write about the facts and circumstances of the arrest. The first approach is futile, but usually harmless. The amount of hardship an arrestee will suffer is simply not a factor that the ADLRO is statutorily permitted to consider when determining whether a revocation will be imposed. The second approach is also usually futile, and possibly even harmful.

 

     By writing about anything that happened at the time of the arrest, you may make an admission that will plug up an otherwise fatal hole in the evidentiary record for your case (e.g. you may admit that you were the driver of the vehicle, that you committed a traffic violation that gave the police "reasonable suspicion" to stop your vehicle", that you consumed alcohol, etc.). If you haven't already been exercising the right to remain silent, the "Request To Give The ADLRO More Rope To Hang You With" form is probably a good place to start doing so. 

 

The ADLRO's Administrative Review Of The Police Reports:  

How The ADLRO Decides Whether To Revoke Your License

 

For a DUI alcohol case, within eight days after the date the Notice of Administrative License Revocation was issued (which is usually "issued" on the same day as the date of the arrest), the ADLRO was required to have mailed you a document entitled "Notice Of Administrative Review Decision." The Administrative Review Decision must be mailed to you within this eight-day period, unless the last day of the eight-day period is a Saturday, Sunday or holiday. If the last day of the eight-day period is a Saturday, Sunday or holiday, then the deadline for the ADLRO to make the mailing is the next business day. This method of computing time periods by excluding the last day if it is a Saturday, Sunday or holiday is prescribed by statute. See HRS § 291E-46. It is important to compute time periods correctly, because if the ADLRO misses a mandatory deadline, like the deadline for mailing the Administrative Review Decision, there may be grounds to get the revocation reversed.

The Administrative Review Decision will inform you of the result of the ADLRO's preliminary administrative review of the paperwork that the police prepared for your arrest. When you were arrested, the police should have prepared paperwork documenting the events that prompted the arrest. If you took a breath test, or a blood test, there should also be paperwork concerning the conducting of the test and the procedures that were followed to verify its accuracy. Some of this paperwork will be in the form of a "sworn statement." Sworn statements made by the arresting officer, the person who conducted the alcohol concentration test, and the person who the person responsible for maintenance of the testing equipment must meet certain statutory requirements. See HRS § 291E-36.

HRS § 291E-37 governs the preliminary administrative review. It states:

 

Administrative review; procedures; decision. (a) The director automatically shall review the issuance of a notice of administrative revocation and shall issue a written decision administratively revoking the license and privilege to operate a vehicle, and motor vehicle registration if applicable, or rescinding the notice of administrative revocation. The written review decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, no later than:

(1) Eight days after the date the notice was issued in a case involving an alcohol related offense; or

(2) Twenty-two days after the date the notice was issued in a case involving a drug related offense.

 

    In most cases, the preliminary administrative review is little more than a rubber stamp on the arrest. The ADLRO usually will not issue a written decision "rescinding the notice of administrative revocation" and return the arrestee's license unless there is a blatantly obvious defect in the paperwork, or procedures that have been followed up to that point. If the police have done a minimally competent job of writing up the paperwork for the case, there will probably be more than enough evidence in their "sworn statements" to support an ADLRO revocation. Consequently, if the you do not want to live with the consequences of an administrative revocation, both short-term and long-term, you will probably have to request a hearing and fight the ADLRO case.

 

Requesting A Hearing To Fight The ADLRO Case


    The letter that ADLRO mails out containing the Administrative Review Decision should also contain a form for requesting a hearing. You can request a hearing by checking the appropriate box on the form and mailing it to the ADLRO. If you retain Mr. Mac Master as your attorney, he can make the hearing request for you. It is always important to act in a timely manner. If you wait too long to request a hearing, you can lose:

   1. Your right to have a hearing within 25 days after the date the Notice of Administrative 
License Revocation was issued (and before the revocation goes into effect); and


    2. Your right to have any hearing. 

 

     If you intend to fight your ADLRO case it is usually best to request your hearing as soon as possible.  You always have at least 60 days after the date of your arrest in which to request a hearing. However, if you want to ensure that you will have a chance to get your revocation reversed before the first date that it becomes effective, the ADLRO must receive your request for a hearing within six days of the date that the ADLRO mailed the Notice Of Administrative Review Decision to you.  

 

Requesting Copies Of The Police Reports From The ADLRO


    You have the right to review and copy all police reports and documents considered by the during the administrative review stage of the case. Copies of the paperwork that the police prepared for your arrest, a printout of your driving record and the ADLRO's own documents regarding your case, can usually be obtained free of charge from the ADLRO. 

 

     If you fill out an Authorization form, Mr. Mac Master can obtain copies of the  ADLRO records for you.  Alternatively, Mr. Mac Master often suggests that potential clients can do the following:

 

1.    Go to the ADLRO's office at 2875 South King Street, Honolulu, Hawaii.

 

2.    Request copies of the "Entire File" - if ADLRO has a piece of paper in the potential client's file - then Mr. Mac Master wants to see a copy of it;

 

3.    The potential client makes another copy of each document that the ADLRO has given to the potential client - so the potential client can keep the set that the ADLRO provided - and there will also be a second set of copies that can be given to Mr. Mac Master; 

 

4.    The potential client writes his/her phone number on the set of copies for Mr. Mac Master; and 

 

5.    Slips the copies for Mr. Mac Master under the front door of Mr. Mac Master's office - there is approximately 3/4 of an inch of space open underneath the door for this purpose - and the Executive Center building is open to the public 24 hours a day - seven days a week.

 

    After receiving a set of records, Mr. Mac Master can evaluate the records and determine whether there have been any technical defects in the preparation of the paperwork which could serve as grounds for a reversal of the revocation. Such technical defects usually have nothing whatsoever to do with whether the arrestee is truly innocent. Instead, the focus is on whether the police, and the ADLRO, followed proper procedures and have complied with applicable statutory requirements.

 

Have Mr. Mac Master Do A Free Review Your ADLRO Records 

 

    A DUI arrest can put you in an expensive and emotionally depressing situation. However, two things are FREE: (1) the ADLRO will provide copies of the arrest reports free of charge; and (2) Mr. Mac Master will take a look at them for you free of charge and tell you what he thinks about them. 

 

The ADLRO Hearing

 

    If you want to fight the ADLRO's decision to revoke your driving privileges, you must make a timely request for an ADLRO hearing.  If you retain Mr. Mac Master to fight your case, he can make the request for you. 

 

    An ADLRO hearing is conducted, and decided, by a hearing officer who has been appointed by the Director of the ADLRO. The conducting of the hearing is governed by §291E-38 which states:

 

291E-38  Administrative hearing; procedure; decision.  (a)  If the director administratively revokes the respondent's license and privilege to operate a vehicle, and motor vehicle registration if applicable, after the administrative review, the respondent may request an administrative hearing to review the decision within six days of the date the administrative review decision is mailed.  If the request for hearing is received by the director within six days of the date the decision is mailed, the hearing shall be scheduled to commence no later than:

(1)  Twenty-five days from the date the notice of administrative revocation was issued in a case involving an alcohol related offense; or

(2)  Thirty-nine days from the date the notice of administrative revocation was issued in a case involving a drug related offense.

The director may continue the hearing only as provided in subsection (k).

(b)  The hearing shall be held at a place designated by the director, as close to the location where the notice of administrative revocation was issued as practical.

(c)  The respondent may be represented by counsel and, if the respondent is under the age of eighteen, must be accompanied by a parent or guardian.

(d)  The director shall conduct the hearing and have authority to:

(1)  Administer oaths and affirmations;

(2)  Examine witnesses and take testimony;

(3)  Receive and determine the relevance of evidence;

(4)  Issue subpoenas;

(5)  Regulate the course and conduct of the hearing;

(6)  Impose up to the maximum license revocation period as specified under section 291E‑41(b); and

(7)  Make a final ruling.

(e)  The director shall affirm the administrative revocation only if the director determines that:

(1)  There existed reasonable suspicion to stop the vehicle, the vehicle was stopped at an intoxicant control roadblock established and operated in compliance with sections 291E‑19 and 291E‑20, or the person was tested pursuant to section 291E‑21;

(2)  There existed probable cause to believe that the respondent operated the vehicle while under the influence of an intoxicant; and

(3)  The evidence proves by a preponderance that:

(A)  The respondent operated the vehicle while under the influence of an intoxicant; or

(B)  The respondent operated the vehicle and refused to submit to a breath, blood, or urine test after being informed:

(i)  That the person may refuse to submit to testing in compliance with section 291E-11; and

(ii)  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.

(f)  In addition to subsection (e), the director shall affirm the administrative revocation of the registration of any motor vehicle owned by or registered to the respondent only if the director determines that the respondent is a repeat intoxicated driver.  If the director affirms the administrative revocation pursuant to this subsection, the director shall order the respondent to surrender the number plates and motor vehicle registration of any motor vehicle owned by or registered to the respondent.  The director may destroy any number plates taken into custody.

(g)  The respondent's prior alcohol and drug enforcement contacts shall be entered into evidence.

(h)  The sworn statements provided in section 291E-36 shall be admitted into evidence.  The director shall consider the sworn statements in the absence of the law enforcement officer or other person.  Upon written notice to the director, no later than five days prior to the hearing, that the respondent wishes to examine a law enforcement officer or other person who made a sworn statement, the director shall issue a subpoena for the officer or other person to appear at the hearing.  Personal service upon the law enforcement officer or other person who made a sworn statement shall be made no later than forty-eight hours prior to the hearing time.  If the officer or other person cannot appear, the officer or other person at the discretion of the director, may testify by telephone.

(i)  The hearing shall be recorded in a manner to be determined by the director.

(j)  The director's decision shall be rendered in writing and mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, no later than five days after the hearing is concluded.  If the decision is to reverse the administrative revocation, the director shall return the respondent's license, and if applicable, motor vehicle registration and any number plates taken into custody, along with a certified statement that administrative revocation proceedings have been terminated.  If the decision sustains the administrative revocation, the director shall mail to the respondent a written decision indicating the duration of the administrative revocation and any other conditions or restrictions as may be imposed pursuant to section 291E‑41.

(k)  For good cause shown, the director may grant a continuance either of the commencement of the hearing or of a hearing that has already commenced.  If a continuance is granted at the request of the director, the director shall extend the validity of the temporary permit, and temporary motor vehicle registration and temporary number plates if applicable, unless otherwise prohibited, for a period not to exceed the period of the continuance.  If a continuance is granted at the request of the respondent, the director shall not extend the validity of the temporary permit, or temporary motor vehicle registration and temporary number plates, if applicable.  For purposes of this section, a continuance means a delay in the commencement of the hearing or an interruption of a hearing that has commenced, other than for recesses during the day or at the end of the day or week.  The absence from the hearing of a law enforcement officer or other person, upon whom personal service of a subpoena has been made as set forth in subsection (h), constitutes good cause for a continuance.

(l)  The director may grant a special motor vehicle registration, pursuant to section 291E-48, to a qualified household member or a co-owner of any motor vehicle upon determination that:

(1)  The person is completely dependent on the motor vehicle for the necessities of life; and

(2)  At the time of the application for a special motor vehicle registration, the respondent does not have a valid ignition interlock permit.

The special motor vehicle registration shall not be valid for use by the respondent.

(m)  If the respondent fails to appear at the hearing, or if a respondent under the age of eighteen fails to appear with a parent or guardian, administrative revocation shall take effect for the period and under the conditions established by the director in the administrative review decision issued by the director under section 291E‑37.

 

Fighting The ADLRO Case

 

     Even if you were driving under the influence when you were arrested, your case may still be able to be defended successfully. Certain legal issues may arise during the course of an ADLRO case that can be successfully exploited by a capable attorney like Mr. Mac Master. Such issues may not be seen, or understood, by a lay person, or even by an attorney without knowledge and sufficient experience in DUI cases. If you, attempt to fight and ADLRO revocation by representing yourself at an ADLRO hearing, or fail to retain a capable attorney, you may well be heading like a proverbial "lamb to the slaughter". 


    The overwhelming majority of persons arrested for DUI, and the overwhelming majority of Mr. Mac Master's clients for that matter, are not amongst the ranks of the "unjustly accused." Most cases have alcohol concentration tests well over the legal limit, problematic performance of the field sobriety tests and other less than helpful evidence about the arrestee's physical appearance, actions and driving. However, Mr. Mac Master's general strategy is almost always the same:

    1. Find a way to get the client off the hook; or

    2. At the very least, do what can be done to minimize the damage.

 

     If there was not "reasonable suspicion" for the police to stop your vehicle, it may be possible to defend your case on those grounds. To have "reasonable suspicion" to stop a vehicle, a police officer must have been aware of specific facts that would cause a reasonable police officer to believe that a crime, or at least any or at least a traffic infraction, had occurred. If you were stopped at a DUI roadblock, the roadblock needed to be established and operated in compliance with procedures established by state law.

 

     Even if there was reasonable suspicion to stop your vehicle, there may not have been "probable cause" to believe that you operated the vehicle while under the influence of an intoxicant.  

 

     Even when the evidentiary record for the hearing shows that there was "reasonable suspicion" to stop your vehicle, and "probable cause" to make your arrest, it must still show by a preponderance of the evidence that you:

 

1.     "Operated the vehicle while under the influence of an intoxicant"; or

 

2.     "Operated the vehicle and refused to submit to a breath, blood, or urine test after being informed:

 

(i)  That you may refuse to submit to testing in compliance with section 291E-11; and

 

(ii)  Of the sanctions of Chapter 291E and then were asked if you still refused to submit to a breath, blood, or urine test in compliance with the requirements of section 291E-15.

 

     Unfortunately, it is often "way too easy" for the ADLRO to make a revocation stick.  If the police have done a barely minimally competent job of filling out the police reports, there will be more than enough evidence in the police reports to enable the ADLRO to make the determinations that are required to affirm a revocation.  At the start of an ADLRO hearing, the Hearing Officer usually commences the proceedings by admitting into the evidentiary record all of the sworn statements in the police reports.  When that happens, there is usually a sufficient evidentiary chain to affirm the revocation.  However, if you can knock out an essential link in that chain, you may stilll be able to win your case.
 

   You have the right to testify in your own defense and to offer the testimony of witnesses, documents, photographs, maps and other types as evidence for your defense.  Unfortuantely, when their is a swearing contest between the arrestee and a police officer, the ADLRO's Hearing Officers tend to believe the police officer's side of the story.  Mr. Mac Master refers to this as "The Proverbial Problem of the 29 Nuns".

 

     Imagine an ADLRO hearing at which the police officer testifies that you weaved over a solid white line and that's why he stopped your vehicle. You present you testimony that you were driving as straight as an arrow. You also support your side of the issue with the testimony of 29 nuns each of them swearing that they were driving behind you in a bus during the entire incident, saw it all clearly and you never crossed the line.

 

   Unfortunately, (that term "unfortunately" seems to pop up with depressing frequency when describing the ADLRO process), it is within the "sound discretion" of the Hearing Officer to weigh the credibility of the evidence.  The Hearing Officer is basically free to say "I find the most credible evidence presented to be the sworn police report of the arresting officer which was made the closest in time to the events at issue."  In such a case, and certainly in less extreme examples, you would not be likely to reverse the ADLRO's decision in an appeal based on the argument that there was not sufficient evidence to support it.  However, even the worst of ADLRO cases, can sometimes be won with what Mr. Mac Master calls "subpoena fest defense."

 

The "Subpoena Fest Defense"

 

     The term "subpoena fest defense" (shorthand for "festival of subpoenas" --- i.e. lots of subpoenas) describes a defense strategy for ADLRO cases that can sometimes, if not most of the time, be used to win even the worst of ADLRO cases.  It may be possible to use a "subpoena fest defense" at the ADLRO to protect you from having to deal with the consequences of losing your driving privileges for even a single day.

 

     Whenever the police report or sworn statement of a witness used evidence against you by the ADLRO, you have the right to subpoena that witness and question them under oath at the hearing. A subpoena is a document that the ADLRO issues that commands the witness to appear and testify at the hearing. However, just getting the ADLRO to issue the subpoena is useless unless you can "serve" the witness with the subpoena at least 48 hours before the hearing.  As a practical matter this involves submitting subpoena related forms to the ADLRO, getting the ADLRO to issue the subpoena, picking up the subpoena from the ADLRO and then tracking down the witness and handing them the issued subpoena.  

 

     If the witness is served with the subpoena, the witness has a legal obligation to appear and testify at the ADLRO hearing.  If the witness is not served at least 48 hours before the hearing, the witness is not obligated to do anything.  

 

     Often, police officers who have been served do not appear for the hearing as ordered by the subpoena.  Such non-appearances are routinely excused if the officer has contacted the ADLRO to explain the non-appearance.  Police officers almost always prioritize their court appearances as witnesses when they conflict with an ADLRO hearing that they have been subpoenaed to attend.  Some officers who work traffic enforcement are subpoenaed to Court so frequently that they have little time left in their schedules for ADLRO appearances.

 

     Some police officers like to testify at ADLRO hearings to earn overtime pay.  Most police officers do not like to testify at the ADLRO. Most DUI arrests are made at night by officers who work at night. During the day, most prefer to be home sleeping instead of testifying at ADLRO hearings. Frequent reasons for a subpoenaed officer's non-appearnce at an ADLRO hearing include "sick"; "subpoenaed to District Court"; "on vacation"; "in training", and Mr. Mac Master's favorite "No show -- No call."

 

     If an essential witness has been served with a subpoena, but is not available to give testimony at the hearing, the ADLRO will continue the hearing (ie. postpone it to a later date) and give you the chance to try again to get the witness served.  In such circumstances, the ADLRO will extend your temporary driving privileges until the date of the next hearing.

 

     If you were not able to track down an serve essential witness with a subpoena, the ADLRO will usually continue the hearing and give you the chance to try again. However, because you did not get the witness served, no temporary permit extension will be granted.  

 

     If you can serve an essential witness "enough" times, but the witness does not appear to give testimony, the ADLRO will not make you keep trying endlessly.  Instead, the hearing officer will strike from the evidentiary record all evidence of statements made by the witness.  If the witness was essential (e.g. the only witness to the vehicular stop), the remainder of the evidence in the record will not be sufficient for the ADLRO to affirm the revocation.

 

    How many no shows are "enough"?  The usual practice is three times. If a subpoenaed witness fails to appear for a hearing three times, the Hearing Officer will usually strike the police report or other written statement from the witness.  If the witness is a "no show-no call"  twice, that will sometimes be good enough.  Unfortunately, there is no "three strikes you're out" law at the ADLRO.  However, the magic number is usually three.

 

     Most cases that are fought with a "subpoena fest defense" at the ADLRO are won.  However, unless you fight and win both your ADLRO case and your criminal case, your driving privileges will be revoked.  

 

Refusal Cases

 

     If you are treated by the ADLRO as having refused to take an alcohol concentration test, after being informed of the sanctions for a refusal, the ADLRO will revoke your license for a longer period of time than if you had taken a test and failed it.  In refusal cases it is usually possible to get the extra refusal time for the refusal knocked off the revocation if credible testimony is given to the effect that the person refusing was not really aware of, or at least focusing on, what the additional administrtive sanctions for a refusal were going to be (e.g. for a first offender -- that the period of revocation for a refusal would be two years and one year for taking a test and failing it. 

 

     Mr. Mac Master loves refusal cases because he can usually deliver something of value on the ADLRO side, and the lack of any alcohol concentration evidence makes it harder for the State to prosecute the case on the criminal side. 

 

Periods Of Revocation:

 

    If after the hearing, the ADLRO issues a Decision affirming the revocation, the Decison will also state what period of time the revocation will remain in effect. If your case is a "first offense" case, and you submitted to a breath test or a blood test, the applicable period of revocation is one year. If ADLRO determines that you refused to be tested, and your case is a "first offense" case, the applicable period of revocation will be two years.

 

    HRS §291E-41 states:

 

Effective date, conditions, and period of administrative revocation; criteria.  (a)  Unless an administrative revocation is reversed or the temporary permit, and temporary motor vehicle registration and temporary number plates, if applicable, are 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 and privilege 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 paragraph (5) and in section 291E-44.5, the respondent shall keep an ignition interlock device installed and operating in any vehicle the respondent operates 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 own expense.  The periods of administrative revocation with respect to a license and privilege to operate a vehicle, and motor vehicle registration if applicable, that shall be imposed under this part are as follows:

     (1)  A one year revocation of license and privilege to operate a vehicle, if the respondent's record shows no prior alcohol enforcement contact or drug enforcement contact during the five years preceding the date the notice of administrative revocation was issued;

     (2)  An eighteen month revocation of license and privilege to operate a vehicle and of the registration of any motor vehicle registered to the respondent, if the respondent's record shows one prior alcohol enforcement contact or drug enforcement contact during the five years preceding the date the notice of administrative revocation was issued;

     (3)  A two-year revocation of license and privilege to operate a vehicle and of the registration of any motor vehicle registered to the respondent, if the respondent's record shows two prior alcohol enforcement contacts or drug enforcement contacts during the five years preceding the date the notice of administrative revocation was issued;

     (4)  A minimum of five years up to a maximum of ten years revocation of license and privilege to operate a vehicle and of the registration of any motor vehicle registered to the respondent, if the respondent's record shows three or more prior alcohol enforcement contacts or drug enforcement contacts during the ten years preceding the date the notice of administrative revocation was issued;

     (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 (4) or in subsection (d); 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(b)], who do not install an ignition interlock device in any vehicle the respondent operates during the revocation period, revocation of license and privilege to operate a vehicle for the period of revocation provided in paragraphs (1) to (5) or in subsection [(d)]; 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)  Whenever a motor vehicle registration is revoked under this part, the director shall cause the revocation to be entered electronically into the motor vehicle registration file of the respondent.

     (d)  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), (3), or (4) shall be for a period of two years, three years, four years, and ten years, respectively.

     (e)  Whenever a license and privilege 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.

     (f)  Alcohol and drug enforcement contacts that occurred prior to January 1, 2002, shall be counted in determining the administrative revocation period.

     (g)  The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a revocation under subsection (b)(1).

 

The County Division Of Driver's Education And 

The Certified Substance Abuse Assessment

 

    When the ADLRO revokes your driving privileges, it orders you to do two things:

 

1. Don't drive (unless you have an ignition interlock in your vehicle and an Ignition Interlock Permit from the ADLRO that authorizes you to drive that vehicle during the revocation period); and

 

2. Report to the office of the County Division Of Driver's Education, for the county in which you live, to make an appointment to have a substance abuse assessment done by a certified substance abuse assessor. 

 

     The County Division Of Driver's Education, will help you to make an appointment for the substance abuse assessment by providing you with a list of certified substance abuse assessors that you can contact to schedule an assessment. Getting the assessment done, and completing any recommended counseling, outpatient treatment, or even inpatient treatment for alcohol abuse, if any, will be a prerequisite to being deemed eligible for relicensing at the end of the revocation period.


    In your criminal case, you are innocent until proven guilty. If the ADLRO issues an Administrative Review Decision that revokes your driving privileges, you will be treated as if you are guilty unless you fight to establish your innocence. The only way to completely protect your driving privileges is to win both your criminal case and your ADLRO case. If you fail to get the administrative revocation of your driving privileges reversed, you will lose your driving privileges and have a DUI revocation on your driving record, even if you later win your criminal case.

Contact Mr. Mac Master immediately for a free telephone consultation

 

(808) 531-8080

 

fax: (808) 531-4044

 

send e-mail to Mr. Mac Master at

 

alohaleg@pixi.com

The information in this website is provided as a public service. It is not intended to be given to, or taken by, any individual or organization as legal advice specifically for that individual or organization. Merely viewing this website does not create an attorney-client relationship with Mr. Mac Master. Any individual who has been arrested for DUI, or any other criminal offense, or cited for any violation, is hereby requested to contact Mr. Mac Master, or another duly licensed attorney, to seek legal advice applicable to the unique facts and circumstances of that individual's situation.