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SB2990
THE SENATE
S.B. NO.
2990
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO HIGHWAY SAFETY
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1.
�
Section 287-20, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
����
"(a)
�
Whenever a driver's license has been suspended or revoked:
����
(1)
�
Pursuant to section 291E-65 or part III
of chapter 291E, except as provided in section [
291E-41(f);
]
291‑41(e);
����
(2)
�
Upon a conviction of any offense
pursuant to law, except where the conduct giving rise to the instant offense is
also a violation of part III of chapter 291E and a requirement to furnish
and maintain proof of financial responsibility has already been imposed
pursuant to that part; or
����
(3)
�
In the case of minors, pursuant to part
V of chapter 571,
the license
shall not at any time thereafter be issued to the person whose license has been
suspended or revoked, nor shall the person thereafter operate a motor vehicle,
unless and until the person has furnished and thereafter maintains proof of
financial responsibility; provided that this section shall not apply to a
license suspended or revoked pursuant to section 291E-61(b)(1) or
291E-64(b)(1), any conviction of a moving violation, any administrative license
suspension pursuant to chapter 291A, or the first conviction within a five-year
period for driving without a valid motor vehicle insurance policy.
����
This
subsection shall not apply to a suspension or revocation of a provisional
license under section 286-102.6(d)."
����
SECTION
2
.
�
Section 291E-31, Hawaii Revised Statutes, is
amended to read as follows:
����
"
�291E-31
�
Notice of
administrative revocation; effect.
�
As used in this part, the notice of administrative revocation:
����
(1)
�
Establishes that the respondent's
license and privilege to operate a vehicle in the State or on or in the waters
of the State shall be terminated:
���������
(A)
�
Thirty days after the date the notice
of administrative revocation is issued in the case of an alcohol related
offense;
���������
(B)
�
Forty-four days after the date the
notice of administrative revocation is issued in the case of a drug related
offense; or
���������
(C)
�
Such later date as is established by
the director under section 291E-38[
,
���������
if
the director administratively revokes the respondent's license and privilege;
];
����
(2)
�
Establishes the date on which
administrative revocation proceedings against the respondent were initiated;
����
(3)
�
Serves as a temporary permit, if
applicable, to operate a vehicle as provided in section 291E-33; and
����
(4)
�
Notifies the respondent that the
respondent shall obtain an ignition interlock permit and keep an ignition
interlock device installed and operating in any vehicle the respondent operates
during the revocation period if the respondent had a valid license at the time
of the arrest."
����
SECTION
3
.
�
Section 291E-34, Hawaii Revised Statutes, is
amended by amending subsections (b) to (e) to read as follows:
����
"(b)
�
The notice, when completed by the law enforcement officer and issued to
the respondent, shall contain at a minimum the following information relating
to the incident that gives rise to the issuance of the notice of administrative
revocation:
����
(1)
�
Information identifying the respondent;
����
(2)
�
The specific violation for which the
respondent was arrested;
����
(3)
�
The date issued and the date the
administrative revocation is scheduled to go into effect;
����
(4)
�
The expiration date of the temporary
permit; and
����
(5)
�
That the [
issuance of the notice of
administrative revocation will be administratively reviewed.
]
respondent
may request an administrative review.
����
(c)
�
The notice shall provide, at a minimum, the
following information relating to [
the
]
an
administrative review:
����
(1)
�
That the review is
not
automatic[
;
]
but will be done upon submission of a completed
request from the respondent, if the request is submitted within eight days of
the issuance of the notice of administrative revocation;
����
(2)
�
That the respondent, [
within three
days of the issuance of the notice of administrative revocation in the case of
an alcohol related offense and within seventeen days of the issuance of the
notice of administrative revocation in the case of a drug related offense,
]
along with the request for review,
may submit written information
demonstrating why the respondent's license and privilege to operate a vehicle
should not be administratively revoked;
����
(3)
�
The address or location where the
respondent may submit the
request and
information;
����
(4)
�
That the respondent is not entitled to
be present or represented at the administrative review; and
����
(5)
�
That the administrative review decision
shall be mailed to the respondent:
���������
(A)
�
No later than [
eight
]
fourteen
days after the date [
of the issuance of the notice of administrative
revocation in the case of an alcohol related offense; and
]
the request for administrative review was mailed or hand-delivered
by the respondent in the case of an alcohol-related offense; and
���������
(B)
�
No later than [
twenty-two
]
twenty-eight
days after the date [
of the issuance of the notice of administrative
revocation in the case of a drug related offense.
]
the request for
administrative review was mailed or hand-delivered by the respondent in the
case of a drug related offense.
����
(d)
�
The notice shall state that, if the
administrative
review determines that the
respondent's license and privilege to operate a
vehicle [
is
]
does
not [
administratively revoked after the
review,
]
meet the requirements for administrative revocation,
the
respondent's license shall be returned, unless a subsequent alcohol or drug
enforcement contact has occurred, along with a certified statement that the
administrative revocation proceedings have been terminated.
����
(e)
�
The notice shall state that, if the
administrative review determines that the
respondent's
license and privilege to operate a vehicle [
is administratively revoked
after the review,
]
meets the requirements
for administrative revocation,
a decision shall
be mailed to the respondent, or to the parent or guardian of the respondent if
the respondent is under the age of eighteen, that shall contain, at a minimum,
the following information:
����
(1)
�
The reasons why the respondent's
license and privilege to operate a vehicle is administratively revoked;
����
(2)
�
That the respondent may request the
director, within six days of the date the decision is mailed, to schedule an
administrative hearing to review the administrative revocation;
����
(3)
�
That, if the respondent's request for
an administrative hearing is received by the director within six days of the
date the decision was mailed, the hearing shall be scheduled to commence:
���������
(A)
�
No later than twenty-five days after
the date [
of the issuance of the notice of administrative revocation
]
the request for administrative review was mailed or hand-delivered
by the respondent
in the case of an alcohol related offense; and
���������
(B)
�
No later than thirty-nine days after
the date [
of the issuance of the notice of administrative revocation
]
the request for administrative review was mailed or hand-delivered
by the respondent
in the case of a drug related offense;
����
(4)
�
The procedure to request an
administrative hearing;
����
(5)
�
That failure to request an
administrative hearing within the time provided shall cause the administrative
revocation to take effect for the period and under the conditions established
by the director in the decision;
����
(6)
�
That the respondent may regain the
right to a hearing by requesting the director, within sixty days after the [
issuance
of the notice of administrative revocation,
]
date
the request for administrative review was mailed or hand-delivered by the
respondent,
to schedule a hearing;
����
(7)
�
That the director shall schedule the
hearing to commence no later than thirty days after
the date
a request
under paragraph (6) is received, but that, except as provided in section
291E-38(j), the temporary permit shall not be extended if the respondent fails
to request an administrative hearing within the initial six-day period provided
for that purpose;
����
(8)
�
That failure to attend the hearing
shall cause the administrative revocation to take effect for the period and
under the conditions indicated;
����
(9)
�
The duration of the administrative
revocation and other conditions that may be imposed, including: referral to the
driver's education program for an assessment of the respondent's substance
abuse or dependence and the need for treatment; and
���
(10)
�
That the respondent shall obtain an
ignition interlock permit in order to operate a vehicle during the revocation
period if the respondent had a valid license at the time of the arrest."
����
SECTION
4.
�
Section 291E-37, Hawaii Revised Statutes, is
amended as follows:
����
1.
�
By amending subsections (a) and (b) to read:
����
"(a)
�
The director shall automatically review the issuance of a notice of
administrative revocation
upon receipt of a
completed request for administrative review,
and shall issue a written decision [
administratively
revoking
]
confirming administrative revocation
the license and
privilege to operate a vehicle or rescinding the notice of administrative
revocation.
�
The written review decision
shall be mailed to the respondent, or to the parent or guardian of the
respondent if the respondent is under the age of eighteen, no later than:
����
(1)
�
Fourteen days after the date the [
notice
was issued
]
request for
administrative review was mailed or hand-delivered by the respondent
in a case involving an alcohol related offense; or
����
(2)
�
Twenty-eight days after the date the [
notice
was issued
]
request for
administrative review was mailed or hand-delivered by the respondent
in a case involving a drug related offense.
����
(b)
�
The respondent shall have the opportunity to
demonstrate in writing why the respondent's license and privilege to operate a
vehicle should not be administratively revoked and, within [
three
]
eight
days of receiving the notice of administrative revocation, [
as provided in
section 291E-33, shall
]
may
submit any written information[
,
]
together with the completed request for
administrative review,
either by mail or in person, to the
director's office or to any office or address designated by the director for
that purpose."
����
2.
�
By amending subsection (d) to read:
����
"
(d)
�
The director shall [
administratively
revoke
]
confirm administrative revocation of
the respondent's
license and privilege to operate a vehicle if the director determines that:
����
(1)
�
There existed reasonable suspicion to
stop the vehicle, the vehicle was stopped at an intoxicant control roadblock
established and operated in compliance with sections 291E-19 and 291E-20, or
the person was tested pursuant to section 291E-21;
����
(2)
�
There existed probable cause to believe
that the respondent operated the vehicle while under the influence of an
intoxicant; and
����
(3)
�
The evidence proves by a preponderance
that:
���������
(A)
�
The respondent operated the vehicle
while under the influence of an intoxicant; or
���������
(B)
�
The respondent operated the vehicle and
refused to submit to a breath, blood, or urine test after being informed:
��������������
(i)
�
That the person may refuse to submit to
testing in compliance with section 291E-11; and
�������������
(ii)
�
Of the sanctions of
this part
and then asked if the person still refuses
to submit to a breath, blood, or urine test, in compliance with the
requirements of section 291E-15."
����
3.
�
By amending subsections (f) and (g) to read:
����
"
(f)
�
If the director [
administratively revokes
]
confirms administrative revocation of
the respondent's license and
privilege to operate a vehicle, the director shall mail a written review
decision to the respondent, or to the parent or guardian of the respondent if
the respondent is under the age of eighteen.
�
The written review decision shall:
����
(1)
�
State the reasons for
confirming
the administrative revocation;
����
(2)
�
Indicate that the respondent has six
days from the date the decision is mailed to request an administrative hearing
to [
review
]
reconsider
the director's decision;
����
(3)
�
Explain the procedure by which to
request an administrative hearing;
����
(4)
�
Be accompanied by a form, postage
prepaid, that the respondent may fill out and mail in order to request an
administrative hearing;
����
(5)
�
Inform the respondent of the right to [
review
]
view
and copy all documents considered at the review, including the
arrest report and the sworn statements of law enforcement officers or other
persons, prior to the hearing; and
����
(6)
�
State that the respondent may be
represented by counsel at the hearing, submit evidence, give testimony, and
present and cross-examine witnesses, including the arresting law enforcement
officer.
����
(g)
�
Failure of the respondent to request a
hearing within the time provided in section 291E-38(a) shall cause the
administrative revocation to take effect for the period and under the
conditions provided in the administrative review decision issued by the
director under this section.
�
The
respondent may regain the right to an administrative hearing by requesting the
director, within sixty days of the [
issuance of the notice of administrative
revocation as provided in section 291E-33,
]
date
the request for administrative review was mailed or hand-delivered by the
respondent,
to schedule an
administrative hearing.
�
The
administrative hearing shall
then
be scheduled to commence no later than
thirty days after the
date the
request
for hearing
is received by
the director.
�
The administrative review
decision issued by the director under this section shall explain clearly the
consequences of failure to request an administrative hearing and the procedure
by which the respondent may regain the right to a hearing."
����
SECTION
5
.
�
Section 291E-38, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
����
"(a)
�
If the director [
administratively revokes
]
confirms
administrative revocation of
the respondent's license and privilege to
operate a vehicle after the administrative review, the respondent may request
an administrative hearing to [
review
]
reconsider
the decision [
within
six days of the date the administrative review decision is mailed
].
�
If the request for hearing is received by the
director within six days of the date the
administrative review
decision
is mailed, the hearing shall be scheduled to commence no later than:
����
(1)
�
Twenty-five days from the date the [
notice
of administrative revocation was issued
]
request for administrative
review was mailed or hand-delivered by the respondent
in a case involving
an alcohol related offense; or
����
(2)
�
Thirty-nine days from the date the [
notice
of administrative revocation was issued
]
request for administrative
review was mailed or hand-delivered by the respondent
in a case involving a
drug related offense.
The
director may continue the hearing only as provided in subsection (j)."
����
SECTION
6
.
�
Section 291E-41, Hawaii Revised Statutes, is
amended to read as follows:
����
"
�291E-41
�
Effective date, conditions, and period of
administrative revocation; criteria.
�
(a)
�
Unless an administrative
revocation is
rescinded or
reversed or the temporary permit
is
extended by the director,
administrative revocation shall become effective on the day specified in the
notice of administrative revocation.
�
Except as provided in section 291E-44.5, no license to operate a vehicle
shall be restored under any circumstances during the administrative revocation
period.
�
Upon completion of the administrative
revocation period, the respondent may reapply and be reissued a license
pursuant to section 291E-45.
����
(b)
�
Except as provided in [
paragraphs
(4)(A)(ii) and
]
paragraph
(5) and [
in
] section 291E-44.5, the
respondent shall keep an ignition interlock device installed and operating in
all vehicles operated by the respondent during the revocation period.
�
Except as provided in section 291E-5, installation
and maintenance of the ignition interlock device shall be at the respondent's
expense.
�
The periods of administrative
revocation, with respect to a license to operate a vehicle, that shall be
imposed under this part are as follows:
����
(1)
�
[
A
]
If the respondent's record shows no prior alcohol enforcement
contact or drug enforcement contact during the ten years preceding the date the
notice of administrative revocation was issued:
���������
(A)
�
A
one year revocation of license to operate a vehicle[
,
if the respondent's record shows no prior alcohol enforcement contact or drug
enforcement contact during the ten years preceding the date the notice of
administrative revocation was issued
];
or
���������
(B)
�
An eighteen-month
revocation of license to operate a vehicle if the respondent is a highly
intoxicated driver;
����
(2)
�
[
A two-year revocation of license to
operate a vehicle, if
]
If
the respondent's record shows one prior
alcohol enforcement contact or drug enforcement contact during the ten years
preceding the date the notice of administrative revocation was issued[
;
]
:
���������
(A)
�
A two-year
revocation of license to operate a vehicle; or
���������
(B)
�
A three-year
revocation of license to operate a vehicle if the respondent is a highly intoxicated
driver; and
����
(3)
�
[
A four-year revocation of license
to operate a vehicle, if
]
If
the respondent's record shows two or
more prior alcohol enforcement contacts or drug enforcement contacts during the
ten years preceding the date the notice of administrative revocation was issued[
;
]
:
���������
(A)
�
A four-year
revocation of license to operate a vehicle; or
���������
(B)
�
A six-year
revocation of license to operate a vehicle if the respondent is a highly
intoxicated driver;
���
[
(4)
�
For a respondent who is a highly
intoxicated driver:
���������
(A)
�
If the respondent's record shows no
prior alcohol enforcement contact or drug enforcement contact during the ten
years preceding the date the notice of administrative revocation was issued:
��������������
(i)
�
An eighteen-month revocation of
license to operate a vehicle, with mandatory installation of an ignition
interlock device in all vehicles operated by the respondent during the
revocation period; or
�������������
(ii)
�
A two-year revocation of license to
operate a vehicle, without mandatory installation of an ignition interlock
device in all vehicles operated by the respondent during the revocation period;
���������
(B)
�
If the respondent's record shows one
prior alcohol enforcement contact or drug enforcement contact during the ten
years preceding the date the notice of administrative revocation was issued, a
three-year revocation of license to operate a vehicle, with mandatory
installation of an ignition interlock device in all vehicles operated by the
respondent during the revocation period; and
���������
(C)
�
If the respondent's record shows two
or more prior alcohol enforcement contacts or drug enforcement contacts during
the ten years preceding the date the notice of administrative revocation was
issued, a six-year revocation of license to operate a vehicle, with mandatory
installation of an ignition interlock device in all vehicles operated by the
respondent during the revocation period;
]
����
(4)
�
If a respondent
has refused to be tested after being informed:
���������
(A)
�
That the person
may refuse to submit to testing in compliance with section 291E-11; and
���������
(B)
�
Of the sanctions
of this part and then asked if the person still refuses to submit to a breath,
blood, or urine test, in compliance with the requirements of section 291E-15,
���������
then the applicable revocation period imposed under paragraph
(1), (2), or (3) shall be doubled.
����
(5)
�
For respondents under the age of
eighteen years who were arrested for a violation of section 291E-61 or
291E-61.5, revocation of license and privilege to operate a vehicle for the
appropriate revocation period provided in paragraphs (1) to [
(3) or in
subsection (c);
]
(4);
provided that the respondent shall be
prohibited from driving during the period preceding the respondent's eighteenth
birthday and shall thereafter be subject to the ignition interlock requirement
of this subsection for the balance of the revocation period; or
����
(6)
�
For respondents, other than those
excepted pursuant to section 291E-44.5(c), who do not install an ignition
interlock device in all vehicles operated by the respondent during the
revocation period, revocation of license to operate a vehicle for the period of
revocation provided in paragraphs (1) to [
(4)(A) or in subsection (c);
]
(4);
provided that:
���������
(A)
�
The respondent shall be absolutely
prohibited from driving during the revocation period and subject to the
penalties provided by section 291E-62 if the respondent drives during the
revocation period; and
���������
(B)
�
The director shall not issue an
ignition interlock permit to the respondent pursuant to section 291E-44.5;
���������
provided
further
that when more
than one administrative revocation, suspension, or conviction arises out of the
same arrest, it shall be counted as only one prior alcohol enforcement contact
or drug enforcement contact, whichever revocation, suspension, or conviction
occurs later.
����
[
(c)
�
If a respondent has refused to be tested
after being informed:
����
(1)
�
That the person may refuse to submit
to testing in compliance with section 291E-11; and
����
(2)
�
Of the sanctions of this part and
then asked if the person still refuses to submit to a breath, blood, or urine
test, in compliance with the requirements of section 291E-15,
the
revocation imposed under subsection (b)(1), (2), or (3) shall be for a period
of two years, four years, or eight years, respectively.
����
(d)
]
(c)
�
Whenever a license to operate
a vehicle is administratively revoked under this part, the respondent shall be
referred to the driver's education program for an assessment, by a certified
substance abuse counselor, of the respondent's substance abuse or dependence
and the need for treatment.
�
The
counselor shall submit a report with recommendations to the director.
�
If the counselor's assessment establishes
that the extent of the respondent's substance abuse or dependence warrants
treatment, the director shall so order.
�
All costs for assessment and treatment shall be paid by the respondent.
����
[
(e
)
]
(d)
�
Alcohol and drug enforcement contacts that
occurred prior to January 1, 2002, shall be counted in determining the
administrative revocation period.
����
[
(
f)
]
(e)
�
The requirement to provide
proof of financial responsibility pursuant to section 287-20 shall not be based
upon a revocation under subsection [
(b)(1).
]
(b)(1)(A).
"
����
SECTION
7.
�
This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
����
SECTION 8.
�
Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.
����
SECTION
9.
�
This Act shall take effect on July 1,
2026.
INTRODUCED BY:
_____________________________
Report Title:
ADLRO; Automatic License Revocation; Impaired Driving;
Penalties
Description:
Amends the administrative process at the Administrative
Driver's License Revocation Office.
�
Establishes a tiered administration revocation period of a
driver's license for those arrested for operating a vehicle under the influence
of an intoxicant
.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.