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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41221
Experience:  Run my own practice.
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I got a DUI in Hawaii in 1998 and I finally decided to get

Customer Question

I got a DUI in Hawaii in 1998 and I finally decided to get my license and as I went to take the driving test they said I contact Hawaii. what can I do to get this resolved?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 3 years ago.

Dimitry Esquire :

Thank you for your question. Please permit me to assist you.

Dimitry Esquire :

If I may ask, where were you convicted of a DUI? Who suspended your license?

JACUSTOMER-rwygxw0k- : Hawaii in 1998, I just moved there from Seattle so I have not received another do since then
Dimitry Esquire :

Under state laws, what governs is where you were convicted, as that is the state that would suspend your license.

Dimitry Esquire :

All other states, if they are part of the DLC (Driver License Compact) then end up suspending the license once information of suspension is provided to them via data sharing.

Dimitry Esquire :

That means that the way to resolve this is to contact Hawaii DMV and find out what steps you need to take and what documents ot file to reinstate your license.

Dimitry Esquire :

Washington state will not grant you a license until Hawaii rescinds their suspension.

JACUSTOMER-rwygxw0k- : I am clear in washington, Minnesota and california but they say I have go through a DUI program here and I did go to court in Hawaii and now the case is to olfd
JACUSTOMER-rwygxw0k- : to old
Dimitry Esquire :

Where is 'here'? Washington state?

JACUSTOMER-rwygxw0k- : I live in california now
Dimitry Esquire :

So California is demanding that you take a DUI program locally due to your past history?

Dimitry Esquire :

But Hawaii is showing a clear license?

JACUSTOMER-rwygxw0k- : Ca
JACUSTOMER-rwygxw0k- : whenCa when I went to take my driving test they said I had to get something cleared in Hawaii, it took me a month to hear I did not finishnthed the DUI program and they said I could go through a program what ever state I was and they would clear my name in hawaii
JACUSTOMER-rwygxw0k- : I remember going to 2 court appearances and I had to have a meeting with my at tourney...
Dimitry Esquire :

The whole issue revolves around Hawaii. Did you or didn't you clear your record there? If you did not, or you do not remember, that is where you must start.

Dimitry Esquire :

You would need to contact Hawaii DMV, pull your driver abstract, and find out if your record is suspended.

Dimitry Esquire :

If you have proof the suspension is resolved, get a copy of this abstract, come to California DMV locations, and use it as evidence you have a clear right to seek a new license.

Dimitry Esquire :

But if you aren't sure if Hawaii was ever resolved, that is where you need to begin.

JACUSTOMER-rwygxw0k- : I recall resolving the issue but the said I missed a court date but all they have e mailed me is the case s to do to fight so go through another DUI program and then we will clear u......there has to be a better way
Dimitry Esquire :

If you missed a court date, you didn't resolve it.

Dimitry Esquire :

If they stated you missed a court date, you must refile and get it cleared out. You cannot go through another DUI program, only Hawaii can agree to get this hold released.

Dimitry Esquire :

Please remember that driving is not a fundamental right, it is a privilege. because it is a privilege, states can put whatever reasonable strings or conditions they wish on the process before they grant the license back to you.

Dimitry Esquire :

And other states have no authority to overturn a ban or a suspension granted from an another state.

JACUSTOMER-rwygxw0k- : I did my 2 weekends and that was from my sentence.....thank you for your time,
Dimitry Esquire :

But it does not quite work that way

Dimitry Esquire :

doing your two weekends is not sufficient. You also need to get a paper release stating you served the sentence.

Dimitry Esquire :

I am not trying to fight with you, I am just trying to help you resolve this the easiest way possible. If you don't go to hawaii with this to ensure your license was cleared, you will remain in the same situation you are now in.

Dimitry Esquire :

Please be well and kindly do no forget to positively rate my answers to you so I may obtain credit for my work. Thank you.