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How to Get Your License Back After a DUI in Hawaii
A Hawaii DUI refers to the offense of operating a vehicle under the influence of alcohol or drugs in the state. DUI offenses, also known as Operating a Vehicle Under the Influence of an Intoxicant (OVUII) in Hawaii, have severe consequences, including jail time and losing your driver's license even for first-time offenders. The Hawaii Department of Motor Vehicles, Motor Vehicle Safety Office, is the state agency responsible for managing licensing and certain aspects of DUI enforcement.
Step 1: Know the Terms of Your Suspension
DUI offenders in Hawaii will receive various penalties, including suspending or revoking their driver's licenses. These penalties will typically vary based on the type of DUI offense.
- First-Time Offenders: In Hawaii, a first-time offender typically has their license revoked for a year. During the suspension, offenders may apply for an IID license, which requires the installation of an Ignition Interlock Device after serving 30 days of the revocation.
- Second-Time Offenders: Any offender with a previous DUI offense within the last 5 years will be classified as a second-time offender. They will have their license revoked for between 2 and 3 years, plus several additional punishments. During their renovation period, offenders may request an IID permit after 6 months to a year, depending on their BAC limit during the arrest.
- Repeat Offenders: Offenders with three or more offenses may have their licenses revoked for between 3 and 5 years. They may be allowed to apply for an IID license after over a year of the revocation period has been served.
DUI offenders who refuse a breathalyzer test will immediately be subject to a license revocation. The time could be between 2 and 4 years, depending on how many previous refusals are on the offender's record. License revocations and other punishments for test refusals are considered administrative punishments and are separate from any punishments handed down by the courts or DMV.
Step 2: Fulfill Court and DMV Requirements
In Hawaii, the penalties issued by the DMV, specifically the Administrative Driver's License Revocation Office (ADLRO), are distinct from those given by the court. The revocation office handles mainly license revocations, while the courts handle criminal punishments after conviction, which may include additional license suspensions.
Depending on the type of offender, the courts may issue various penalties including fines, jail time, community service, attendance of programs, and license revocations. For example, a first-time offender may receive up to $250 to $1,000 in fines, 2 to 5 days in jail, 72 hours of community service, 14 hours of attending a mandatory alcohol/drug education program, and license revocation for 1 year. To qualify for their license reinstatement, the offender must complete all given programs and pay all fines.
Step 3: Complete a DUI Education or Treatment Program
DUI offenders in Hawaii may be required to take part in and complete several DUI programs before being deemed fit to drive after their conviction. The responsible county DMV and the convicting court may instruct the offender to attend such programs as part of their sentence.
For court-ordered DUI programs, the offender may submit a petition to the local DUI court coordinator after their conviction to register for the program. Voluntary DUI programs can be found online. Offenders must select a state-approved program, sign up, and pay any required fees. Upon completing the DUI programs, the offender should receive a certificate of completion, which must be submitted to the court or relevant authority at the DMV. The certificate must be submitted to the court and DMV to show that the program is completed.
Examples of DUI programs within Hawaii include the following:
- Level 1 Alcohol Education Programs are courses focused on educating DUI offenders about the dangers and consequences of driving under the influence. Topics covered by the course include DUI laws in Hawaii, the effects of intoxicants on drivers, and ways to avoid future offences. Level 1 courses vary between 10 and 16 hours and cost between $179 and $249, depending on the course length.
- Convicted DUI offenders may be ordered by the court to attend mandatory substance abuse treatment, which may include outpatient counselling. This counselling aims to help DUI offenders develop coping habits or mechanisms, avoid future offences, and figure out the root cause of their issues. Outpatient counseling may include group meetings, one-on-one therapy sessions, education classes, and self-help meetings. The cost of outpatient counseling sessions may vary from $80 per session.
- Several state-approved providers also offer a 14-hour online DUI education class. This class covers many aspects of DUI in Hawaii, including DUI laws, implied consent refusal, BAC levels, and consequences. The cost of these programs may vary according to the provider, but they typically cost between $165 and $230.
Step 4: Get SR-22 Insurance or Equivalent
SR-22 insurance is a certificate that shows the offender has the minimum required auto insurance in the state. In Hawaii, an SR-22 is required to reinstate driving privileges after a DUI or reckless driving conviction.
To obtain an SR-22 in Hawaii, the applicant must first obtain or have a valid car insurance policy that meets the minimum requirements in Hawaii. If they do not, they must adjust the policy to fit. The applicant must then inform their insurance company that they require an SR-22 filed with the state DMV and pay the filing fee. The fees may vary, but are usually between $15 and $35. After the fees are paid, the insurance company will file the SR-22 with the DMV. The SR-22 coverage must be active for 3 years in Hawaii.
Step 5: Pay Reinstatement Fees
Typically, the driver will have to pay a fee to reinstate a driver's license after a DUI in Hawaii. Depending on the situation, additional fees may be required, especially if the driver needs to have an administrative hearing or retake their driving tests.
Below are some of the fees that are required to reinstate a suspended license:
- General reinstatement fee of 20$
- Administrative hearing fee $30
- Drivers test fees, $2 for the written test and $8 for the road test
- Installing an Ignition Interlock. $70 to $150 installation fee, plus monthly maintenance fees
The fees can be paid at the Administrative Driver's License Revocation Office (ADLRO) or the local Driver Licensing Center in the appropriate city or county. Payment is generally accepted in cash, U.S. checks, money orders, and credit or debit cards; card payments will incur a service charge added to the final payment.
Step 6: Submit Your License Reinstatement Application
To reinstate a driver's license, the applicant must fill out and submit the relicensing form to either the ADLRO or their local driver's licensing office. Below are some simple steps to apply to reinstate your license after a DUI license suspension.
- The applicant must have completed their license suspension period and completed all associated sentences, including DUI school and jail time.
- The applicant must obtain the relicensing form from the ADLRO office. Relicensing forms are not issued automatically; applicants must contact the office and request one.
- The completed forms, reinstatement fees, and any additional documents, such as proof of insurance, can be submitted in person to the local driver's licensing office or the ALDRO office at:
Administrative Driver's License Revocation Office (ADLRO)
1001 Bishop Street, Suite 500,
Honolulu, HI 96813, United States - Forms can also be mailed to the above address or submitted by email to respondents.ADLRO@courts.hawaii.gov.
- The office will review the application and contact the driver if the license can be reinstated.
What If You're Denied License Reinstatement in Hawaii?
If an application for license reinstatement in Hawaii is denied, the applicant will receive notice about the denial in writing. The notice will inform the applicant of the denial and explain why it was denied. The notice will also inform the applicant of their right to request a hearing under Hawaii law.
The applicant must submit a written request for a hearing within 30 days of receiving the denial to the Administrative Driver's License Revocation Office (ADLRO). Follow up with the agency to ensure they received the request. The ADLRO may require a $30 hearing fee. The applicant will receive notice of the hearing date, where they must attend and present evidence. After hearing the evidence, the agency in charge of the hearing may choose to uphold the denial or grant the reinstatement.
Hardship Licenses: Driving with Limited Privileges
In Hawaii, hardship licenses are also referred to as restricted licenses and are licenses granted to drivers whose regular licenses have been revoked or suspended as a penalty for traffic infractions such as DUI. These licenses allow drivers with long-term license suspensions to use their vehicles for specific tasks. The eligibility criteria may differ, but hardship licenses are typically granted to drivers who need their vehicle for important reasons, such as work trips, medical reasons, and to attend their DUI programs.
Drivers with a hardship license may be required to obtain an Ignition Interlock Device. This device allows them to operate the vehicle with a breathalyzer device. Maintaining the SR-22 insurance for between 3 to 5 years may also be required for a hardship license. Other factors that may affect the ability to obtain the license are the length of the suspension, the severity of the DUI offense, and previous DUI convictions.
How Long Does It Take to Get Your License Back After a DUI?
The time taken to get a driver's license back after a DUI conviction will typically depend on several factors, including the following:
- Whether the driver has prior offenses
- Whether the driver has completed all administrative and court-ordered requirements, such as DUI programs and substance abuse treatments
- Whether the driver has successfully installed the Ignition Interlock Device
- Whether the driver has paid all outstanding fines and administrative fees
The estimated time taken for license reinstatement in Hawaii with full compliance is displayed in the table below.
Offense | License suspension period | IID Device | Estimated time to full reinstatement |
---|---|---|---|
First offense | 1 year | Install after 30 days and use for a year | 12 to 13 months |
Second Offense | 2 to 3 years | Install after 6 months and use for at least 18 months | 18 months to 26 months, depending on the suspension period |
Third Offense | 3 to 5 years | Install allowed after a year, use for at least 2 years | 3 to 6 years, depending on the severity of the suspension |
Test Refusal | 1 to 2 years added to the license suspension period |
