Driving after a DUI in Hawaii: the Ignition interlock permit (IIP)

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

The officer takes the license and issues a notice of administrative revocation (NOAR), which serves as a temporary permit (ADLRO: 30 days for an alcohol-related offense, 44 days for a drug-related offense, from the date the NOAR was issued; no extension unless ADLRO authorizes it). The director automatically reviews the revocation; the respondent may submit written information within three days of the notice (§ 291E-37(b)); the written review decision is mailed no later than 14 days after the notice for an alcohol offense (§ 291E-37(a)) and states that the respondent has six days from the date the decision is mailed to request an administrative hearing (§ 291E-37(f)(2), § 291E-38(a)). ADLRO: a request received within 6 calendar days of the review decision is scheduled within 25 calendar days of the NOAR (39 for drugs); a request made after 6 days but within 60 calendar days of the NOAR i

“If the director administratively revokes the respondent's license and privilege to operate a vehicle after the administrative review, the respondent may request an administrative hearing to review the decision within six days of the date the administrative review decision is mailed.”

Who can get it, and how soon

Under HRS § 291E-44.5(a), on proof that the respondent has installed an ignition interlock device in any vehicle the respondent operates and has compliant motor vehicle insurance, the director (ADLRO) shall issue an ignition interlock permit allowing the respondent to drive an IID-equipped vehicle during the administrative revocation period; ADLRO states no hearing is needed. Not issued to a respondent whose license is expired, suspended or revoked from another action, who did not hold a valid license at arrest, who holds a learner's or instruction permit, or who holds a category 4 or commercial license unless the permit is restricted to a category 1-3 license. The section does not exclude test refusals. For a court revocation, HRS § 291E-61(i) directs the court to issue the permit (existing reinstatement record).

“upon proof that the respondent has installed an ignition interlock device in any vehicle the respondent operates and obtained motor vehicle insurance or self-insurance that complies with the requirements of section 431:10C-104 or 431:10C-105, the director shall issue an ignition interlock permit”

No waiting period is stated. The notice of administrative revocation (NOAR) issued at arrest serves as a temporary permit for 30 days (alcohol) or 44 days (drug) from issuance if the person held a valid license (HRS § 291E-33(c); ADLRO FAQ). The revocation takes effect on the day specified in the notice unless reversed or the temporary permit is extended (§ 291E-41(a)); a first administrative revocation is one year (18 months to two years for a highly intoxicated driver) with the IID required in all vehicles operated during the revocation (§ 291E-41(b)). ADLRO: once an approved IID is installed the respondent can apply for an IIP allowing driving during the revocation period, and a hearing is not needed. Court track: § 291E-61(b)(1) revokes for one year to eighteen months with an IID during the revocation (state record).

“Once you have an approved IID installed, you can apply for an ignition interlock permit (IIP) that will allow you to drive that vehicle during the revocation period specified in the IIP.”

Conditions attached to the privilege

ADLRO Form 3 (Application for Ignition Interlock Permit): submit the application with (1) a copy of the Smart Start Ignition Interlock Lease Agreement as proof of installation and (2) proof of valid motor vehicle insurance or self-insurance for any vehicle in which the IID is installed; the applicant must have held a valid license at arrest, must not be expired, suspended or revoked from another action, must not hold a learner's or instruction permit, and a category 4 or commercial license holder gets a permit restricted to a category 1-3 license. While driving, the IIP and a government-issued identification must be in the driver's immediate possession. The IIP expires on the last day of the revocation period or the license expiration date, whichever is first. ADLRO's Driver's Education substance-abuse assessment is a condition of relicensing after the revocation, not of the IIP; the sta

“1) a copy of your Smart Start Ignition Interlock Lease Agreement as proof of installation of an ignition interlock device; and 2) proof of valid motor vehicle insurance or self-insurance for any vehicle in which an ignition interlock has been installed.”

Where and when it allows driving

Any purpose, in a vehicle equipped with an ignition interlock device, for the duration of the revocation period or until the license expiration date, whichever comes first; valid only in Hawaii. No hour or geographic limits are stated for the IIP. A separate employee driver's permit (EDP) under § 291E-44.5(c)-(e) allows driving specified employer-owned vehicles without an IID only during specified hours of employment, not to exceed twelve hours per day, on the employer's sworn statement.

“The IIP may be issued for the duration of your revocation period, or until your license expiration date, whichever comes first.”

How it is issued

A court or the licensing agency issues the Ignition interlock permit (IIP).

Official page: courts.state.hi.us

The statute: Haw. Rev. Stat. § 291E-44.5 (Ignition interlock permits; driving for employment)

“the director shall not issue an ignition interlock permit to: (1) A respondent whose license is expired, suspended, or revoked as a result of action other than the instant revocation; (2) A respondent who does not hold a valid license at the time of arrest for the violation of section 291E-61;”