The License Revocation After a DUI Arrest
HRS 291E-41 — one year with an interlock for a first, two years for a refusal, decided apart from the criminal case
The notice of administrative revocation revokes the license thirty days after it is issued for an alcohol related offense, and forty four days after for a drug related one, or at a later date where a hearing is requested, unless the director rescinds it. It also serves as a temporary permit where one applies.
Who handles this in Hawaii: Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.Holding a paper like this? Read my paper can read one for you, free with an account.
- The director reviews every notice automatically and mails a written decision no later than fourteen days after the notice for alcohol, or twenty eight days for a drug.
- The person may show in writing why the license should not be revoked, by sending the information within three days of receiving the notice, by mail, electronic mail, or in person.
- Where the revocation is affirmed, the person has six days from the mailing of the decision to request an administrative hearing, and may be represented by counsel, submit evidence, and cross examine witnesses, including the arresting officer.
- A person who missed that window may regain the hearing by asking within sixty days of the notice.
The director affirms the revocation only on finding reasonable suspicion for the stop, a lawful roadblock, or a test after a collision; probable cause to believe the person drove under the influence; and proof by a preponderance that the person did, or that the person drove and refused the test after being told of the right to refuse and of the sanctions.
| Contacts in the ten years before | Revocation | After a refusal |
|---|---|---|
| Contacts in the ten years beforeNone | RevocationOne year | After a refusalTwo years |
| Contacts in the ten years beforeOne | RevocationTwo years | After a refusalFour years |
| Contacts in the ten years beforeTwo or more | RevocationFour years | After a refusalEight years |
For a highly intoxicated driver the periods are an eighteen month revocation with an interlock, or two years without one, where there is no prior contact; a three year revocation where there is one prior contact; and a six year revocation where there are two or more. Contacts arising from one arrest count as one.
Throughout the revocation the person keeps an ignition interlock installed and operating in every vehicle they operate, at their own expense, with narrow exceptions. Outside one exception in another section, no license is restored under any circumstances during the period, and a person who does not install an interlock may not drive at all.
Sources for this section (3)
- HRS 291E-31 — Notice of administrative revocation; effect
- HRS 291E-37 — Administrative review; procedures; decision
- HRS 291E-41 — Effective date, conditions, and period of administrative revocation; criteria
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.