The ADLRO process is administrative in nature. The hearing officers are not judges and the rules of evidence do not apply. The system assumes the officer acted properly and the ADLRO will ratify that with a cursory review. Thereafter you might fight to regain your license. It is, already revoked when the officer took it. While the administrative process is going on, you may be entitled to a temporary permit if, the officers, after your attorney serves subpoenas on them, fail to appear. Otherwise, if the hearing must be continued or subpoenas were unable to be served then either you can’t drive at all, or you have an ignition interlock device in your car and get an ignition interlock device permit from the ADLRO, then you may drive that car with the device. If you don’t have the device and permit or a temporary permit, and the ADLRO process is still ongoing and the revocation has not yet been rescinded, then driving is a new crime.
The Contributor is Kevin O’Grady esquire. Kevin O’Grady practices in Honolulu, Hawaii, has been in practice since 1997, is a former prosecutor, a member of the National College for DUI Defense, the NACDL, and HACDL and he is a Major in the U.S. Army reserve as a Judge Advocate. His practice is 90% DUI and traffic related. He focuses on DUI, criminal defense, and Courts-Martial. He can be reached at 1-800-DUI-CASE, 808-521-3367, WWW.CriminalAndMilitaryDefenseHawaii.Com, or Paralegal1@CriminalAndMilitaryDefenseHawaii.Com