PART XIV. ADMINISTRATIVE REVOCATION OF DRIVER'S LICENSE
AND MOTOR VEHICLE REGISTRATION
Note
This part, comprised of §§286-251 to 266, repealed January 1, 2002. L 2000, c 186, §29.
Part heading amended by L 2000, c 189, §6.
Law Journals and Reviews
Hawai`i's New Administrative Driver's License Revocation Law: A Preliminary Due Process Inquiry. 14 UH L. Rev. 853.
Case Notes
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.
Where information conveyed to defendant regarding defendant’s rights under this chapter was inaccurate and misleading, defendant was precluded from knowingly and intelligently consenting to the blood alcohol test in violation of this chapter; trial court thus properly suppressed blood test results in defendant’s criminal DUI prosecution. 92 H. 45, 987 P.2d 268.
Article VI, §1 and article V, §6 of the Hawaii constitution, neither separately nor together prohibit the establishment of the administrative driver’s license revocation office in the judiciary. 91 H. 212 (App.), 982 P.2d 346.
§286-251 Definitions. As used in this part, unless the context otherwise requires:
"Administrative revocation" means termination of the arrestee's driver's license or the registration of all motor vehicles registered to the arrestee, or both, 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:
(1) Any administrative revocation ordered pursuant to this part;
(2) Any suspension or revocation of any driver's license or motor vehicle registration, or both, 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
(3) 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 or 291-4.4.
"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.
"Household member" means:
(1) Persons who reside in the same dwelling unit; or
(2) Persons under twenty-one years of age who are related to the arrestee by marriage, blood, or adoption, but regardless of whether they reside in the same dwelling with the arrestee.
"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:
(1) Any learner's permit or instruction permit;
(2) The privilege of any person to drive a motor vehicle regardless of whether the person holds a valid license;
(3) Any nonresident's operating privilege; and
(4) The eligibility, including future eligibility, of any person to apply for the privilege to drive a motor vehicle.
"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.
"Qualified household member" means a household member of the arrestee who has a driver's license that has not expired or been suspended or revoked.
"Repeat intoxicated driver" means a person who previously:
(1) Has been convicted of one or more violations under section 291-4 or 291-4.4 during the five years preceding the date of arrest;
(2) Has been convicted of three or more violations under section 291-4 or 291-4.4 during the ten years preceding the date of arrest; or
(3) Has had one prior alcohol enforcement contact during the five years preceding the date of arrest, two prior alcohol enforcement contacts during the seven years preceding the date of arrest, or three or more prior alcohol enforcement contacts during the ten years preceding the date of arrest.
"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.
"Temporary vehicle registration" means the portion of the notice of administrative revocation that, when completed by the arresting officer, permits the arrestee to drive the vehicles registered in the name of the arrestee for thirty days or until the time established by the director 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; am L 2000, c 189, §7]