Written by Michael Fayard
Getting a DUI can create lots of uncertainty and bring up many questions about what happens next. Apart from the immediate legal and personal consequences you could face, one area significantly affected by a DUI conviction is your driver's license.
Whether you’re facing the aftermath of a DUI arrest or simply seek to understand the potential consequences, here are answers to some of the most commonly asked questions about your driver’s license after a DUI.
Hawaii DUI law is outlined in §291E-61. The statute prohibits operating or assuming actual physical control of a vehicle while under the influence of drugs or having a blood alcohol concentration (BAC) level of .08% or higher. Penalties for driving under the influence can vary depending on your BAC and other circumstances of the case, but
First-time DUI offenders will face 72 hours of community service, up to five days in jail, and up to $1,000 in fines. They must also complete a 14-hour rehabilitation program and are subject to a 90-day license revocation.
Second offenses within 10 years of the first could bring 240 hours of community service, five to 14 days in jail, and fines of up to $1,500. The driver’s license suspension period is one year.
A third DUI offense within five years can bring between 10 and 30 days in prison and a maximum fine of $2,500. The driver’s license suspension period is one year.
If you are found guilty of driving under the influence, you will lose your driver’s license according to the abovementioned penalties. That’s why it’s important to work with an experienced DUI lawyer who can fight to reduce or dismiss your charges and help you keep your driving privileges. Even if your criminal charges are dropped, you could still be subject to administrative penalties such as losing your license.
However, you could lose your license even sooner if you refuse a breath, blood, or urine test once you’re pulled over and arrested. Hawaii law states that all drivers are deemed to have given consent to such tests, so refusing is usually not advisable since doing so can bring more severe punishments.
Having your license suspended or revoked means you lose your driving privileges, but the terms are not exactly interchangeable. License suspensions are temporary, and you will receive your privileges again after a certain period. If your license is revoked, you must re-apply to get it back after you meet court-ordered or administrative requirements.
In some cases, you can apply for an ignition interlock device during the revocation period. This allows you to drive while your license is revoked, but only some offenders are eligible. Offenders convicted of a DUI will be required to use an ignition interlock device for one year after a first offense, 18 months for a second, and two years for a third.
To get your license back after a suspension or revocation, you must first meet the requirements ordered by the agency that handed down the punishment. You can get information on your license suspension by contacting the city of Honolulu’s driver’s license section at (808) 768-9100, or mail or fax a signed written request to:
Driver’s License Section
Attn: Correspondence Desk
P O Box 30340 Honolulu, HI 96820
Fax: (808) 768-9096
According to Hawaii’s Administrative Driver’s License Revocation Office, you have options to contest the loss of your license after being arrested for driving under the influence. You must request an appeal within three days of your arrest, after which the ADLRO has eight days to process a review decision. Acting quickly is crucial to your odds of success, so you should request an attorney’s help as soon as possible after arrest.
Hawaii’s driver’s license reinstatement fee is $20, and you might need to retake one or both parts of your driver’s test. If you request an ADLRO hearing to contest the administrative review decision, you must pay $30. If you install an ignition interlock device, you can expect to pay $70-150 for installation and around $70 monthly for monitoring and calibration.
Contact attorney Michael Fayard for a free consultation if you still have questions about your driver’s license after a DUI. Attorney Fayard has years of experience defending those facing DUI charges in Hawaii, and he possesses in-depth knowledge of state law that could help you keep your driving privileges.
Call today at (808) 445-6708 or contact us online to schedule a free initial consultation.