HIGHLY INTOXICATED DRIVERS AT THE ADLRO
If your alcohol concentration test result was .15 or higher, the ADLRO will classify and label you as a "highly intoxicated driver." HRS §291E-1 states:
"Highly intoxicated driver" means a person whose measurable amount of alcohol is 0.15 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood, or 0.15 or more grams of alcohol per two hundred ten liters of the person's breath
HRS §291E-41(b)(2) provides that the following period of revocation shall apply to a "highly intoxicated driver":
For a
respondent who is a highly intoxicated driver, if the respondent's record shows
no prior alcohol enforcement contact or drug enforcement contact during the five
years preceding the date the notice of administrative revocation was issued, a
minimum of six months up to a maximum of one year revocation of license and
privilege to operate a vehicle and of the registration of any motor vehicle
registered to the highly intoxicated driver; provided that the highly
intoxicated driver shall not qualify for a conditional license permit under
section 291E‑44;
There is a significant difference between the consequences that the ADLRO imposes upon "highly intoxicated drivers" and those who were merely intoxicated. The minimum period of revocation for a highly intoxicated driver is six months. For a merely intoxicated driver it is three months. Highly intoxicated drivers are also prohibited from from receiving conditional driving permits. A highly intoxicated driver's revocation is six months of no driving anywhere, anytime for any reason. A merely intoxicated first offender who can meet the work related criteria, is eligible for for a conditional permit after just 30 days of absolute revocation. A highly intoxicated driver must surrender the license plates and registration for each motor vehicle the highly intoxicated owns. A merely intoxicated driver is not required to surrender any license plates or registration.
The immediate ADLRO imposed consequences of being labeled a highly intoxicated driver are bad enough. However, there is another legal consequence of an ADLRO revocation as a highly intoxicated driver that can be the worst of all. If your license is revoked by the ADLRO, and you do nothing to get the revocation reversed, or at least to get yourself reclassified as a merely intoxicated driver, you should have an "SR-22" requirement imposed upon you for a period of three years. The expense of purchasing an insurance policy that meets the "SR-22" requirement can make driving unaffordable, or at least very expensive. For more information on SR-22 requirements click this link:
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