Hawai`i's New Administrative Driver's License Revocation Law: A Preliminary Due Process Inquiry. 14 UH L. Rev. 853.

Administrative revocation of driver's license law is constitutional because arrestee's due process rights are fully protected; administrative revocation program was applied in constitutional manner to each appellant. 75 H. 1, 856 P.2d 1207.

Administrative revocation program did not violate article V, §6 of Hawaii constitution; placement of program within judiciary did not violate separation of powers doctrine. 76 H. 380, 878 P.2d 719.

§286-251 Definitions. As used in this part, unless the context otherwise requires:

"Administrative revocation" means termination of the arrestee's license pursuant to this part and does not include any revocation imposed under section 291-4 or 291-4.4.

"Alcohol concentration" means either grams of alcohol per one hundred milliliters or cubic centimeters of blood or grams of alcohol per two hundred ten liters of breath.

"Alcohol enforcement contact" means any administrative revocation ordered pursuant to this part; any driver's license suspension or revocation imposed by this or any other state or federal jurisdiction for refusing to submit to a test for alcohol concentration in the person's blood; or any conviction in this or any other state or federal jurisdiction for driving, operating, or being in physical control of a motor vehicle while having an unlawful concentration of alcohol in the blood, or while under the influence of alcohol.

"Arrestee" means a person arrested for violation of section 291-4 or 291-4.4 and, for purposes of this part, also refers to a person from whom a blood sample has been drawn pursuant to section 286-163, because there was probable cause to believe that the person has violated section 291-4.

"Certified substance abuse counselor" means any person certified by the department of health pursuant to section 321-193(10), or any other substance abuse specialist or medical practitioner the director of health may appoint to carry out the functions of a certified substance abuse counselor under this part.

"Director" means the administrative director of the courts or any other person within the judiciary appointed by the director to conduct administrative reviews or hearings or carry out other functions relating to administrative revocation under this part.

"License" means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this State and includes:

"Motor vehicle" has the same meaning as in section 286-2, except that it specifically includes a "moped" as defined in that section.

"Nonresident's operating privilege" means the privilege conferred by law upon a nonresident to operate a motor vehicle in this State.

"Notice of administrative revocation" or "notice" means the written notice issued to the arrestee by the arresting officer pursuant to this part.

"State" means any state of the United States; the District of Columbia; the Commonwealth of Puerto Rico; the United States Virgin Islands; American Samoa; Guam; any province of the Dominion of Canada; and the Commonwealth of the Northern Mariana Islands, except when the word, in context, clearly refers to the State of Hawaii.

"Temporary permit" means that portion of the notice of administrative revocation which, when completed by the arresting officer, permits the arrestee to drive for thirty days or until such time as the director may establish under this part. [L 1990, c 188, pt of §3; am L Sp 1991, c 1, §3; am L 1995, c 226, §§2, 11; am L 1998, c 84, §2 and c 85, §1]