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Holcomb Law, LLLC, a limited liability law corporation, is owned and operated by Honolulu DUI attorney, criminal defense lawyer, and personal injury lawyer, Richard L. Holcomb.  In addition to serving all of Honolulu City and County, including the entire island of Oahu and appearing in all courts on Oahu, including the District Courts at Kaneohe and Ewa, Mr. Holcomb is a Hawaii DUI attorney, criminal defense lawyer, and personal injury lawyer.  Mr. Holcomb serves the islands (counties) of Hawaii, including Kona and Hilo, Maui (Lanai), and Kauai.


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Holcomb Law, LLLC

HONOLULU DUI / OVUII DEFENSE ATTORNEY

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Honolulu, DUI / OVUII Defense Lawyer


ADLRO – Administrative Penalties


In addition to criminal penalties, if you are arrested for DUI or OVUII, you will face administrative penalties from the Administrative Driver’s License Revocation Office (“ADLRO”).  Even if you win your criminal case, you will still face drivers’ license revocation through the ADLRO (and vice versa).   Further, ADLRO will enhance future license revocations based on “alcohol contacts” within the past 5, 7, or 10 years.  In other words, even if you win a DUI or OVUII criminal case within the past 5 years (or in some cases 7 or even 10 years) but ADLRO revoked your license, the next time you are arrested for DUI or OVUII, the first ADLRO revocation will count against you.


As did the criminal law, the revocation process and penalties changed dramatically on January 1, 2011.  Although the author is not fully convinced that the ADLRO is prohibited from revoking your license pursuant to the new law even if you were arrested before January 1, 2011, their position, thus far, is that the date of your arrest will determine whether your license is revoked pursuant to the old or new law.  In other words, if you were arrested before January 1, 2011, you should face the revocation in the statute that was effective before the law changed on January 1, 2011.  If after January 1, 2011, you will face revocation under the new law.


The following are the ADLRO penalties you will face if arrested before January 1, 2011:


First “alcohol contact” in five years:


You could lose your license for 90 days to 1 year.


You may be able to obtain a conditional permit to drive to and from work or to alcohol classes after 30 days of suspension.  


If you refused to take the blood and/or breath test, the arresting officer had reasonable suspicion to believe that you were operating a vehicle while intoxicated, and the officer explained your options regarding the tests and consequences for refusing to take the tests, your license must be revoked for 1 year.


If you are a “highly intoxicated” driver, meaning that your BAC was over .15%, the minimum period of revocation of your license is six months.


Second “alcohol contact” in five years:


You could lose your license for 1 to 2 years.


If you refused to take the blood and/or breath test, the arresting officer had reasonable suspicion to believe that you were operating a vehicle while intoxicated, and the officer explained your options regarding the tests and consequences for refusing to take the tests, your license must be revoked for 2 years.


Third “alcohol contact” in seven years:


You could lose your license for 2 to 4 years.


If you refused to take the blood and/or breath test, the arresting officer had reasonable suspicion to believe that you were operating a vehicle while intoxicated, and the officer explained your options regarding the tests and consequences for refusing to take the tests, your license must be revoked for 2 years.


Fourth “alcohol contact” in ten years:


You could lose your license for the rest of your life!



If you were arrested after January 1, 2011, you face the following revocation:


First “alcohol contact” in five years:


You could lose your license for 1 year.  You will have to have an ignition interlock device installed in your car at your own expense.  You may be permitted to drive with the device installed.


Second “alcohol contact” in five years:


You could lose your license for 18 months.  You will have to have an ignition interlock device installed in your car at your own expense.  You may be permitted to drive with the device installed.


Third “alcohol contact” in five years:


You could lose your license for 2 years.  You will have to have an ignition interlock device installed in your car at your own expense.  You may be permitted to drive with the device installed.


Three or more “alcohol contact” in ten years:


You could lose your license for a minimum 5 years and up to 10 years.  You will have to have an ignition interlock device installed in your car at your own expense.  You may be permitted to drive with the device installed.


Underage Revocation


If you are under 18 years of age, you can lose your license until you turn 18, and thereafter, you will have to have an ignition interlock device installed in your car at your own expense and for the remainder of the revocation period.  You may be permitted to drive with the device installed.


Refusals


The periods of revocation double if you refused to submit to a breath or blood test after being properly informed of the sanctions.



Regardless of your revocation period, or whether you are subject to the new or old law, you will have to obtain a substance abuse evaluation and complete all recommended treatment before you are released to obtain a new license.


For most people, losing your drivers’ license is a severe civil penalty as it could have a tremendous effect on your ability to earn a living.  You should consult with a competent DUI Defense attorney, such as Mr. Holcomb, immediately.