I. When officers determine that a person has
been operating a motor vehicle with a suspended or
revoked driver’s license, they shall attempt to
determine the reason for the suspension or revocation,
with the assistance of the Communications Division.
II. Officers may arrest or, in lieu of arrest,
issue a citation to such an operator, who shall not
be permitted to continue to operate any motor vehicle after the stop.
A. The operator shall be arrested or cited under
Section 286 136, Hawaii Revised Statutes (HRS), if the
operator’s license was canceled, suspended, or revoked
for violation of any of the following:
1. Section 286 102, Licensing;
2. Section 286 122, Suspension of a license;
3. Section 286 130, No operation under foreign
license during revocation or suspension in this state;
4. Section 286 131, Unlawful use of license;
5. Section 286 132, Driving while license suspended or revoked;
6. Section 286 133, Unlawful to permit unauthorized person to drive; or
7. Section 286 134, Employing unlicensed driver.
B. The operator shall be arrested or cited under
Section 287 44(d) if the operator’s license was suspended
or revoked under Chapter 287, HRS, Motor Vehicle Safety Responsibility Act.
C. The operator shall be arrested or cited under
Section 291E-62, HRS, operating a vehicle after license
and privilege have been suspended or revoked for
operating a vehicle under the influence of an intoxicant;
penalties, if the operator’s license has been revoked,
suspended, or otherwise restricted pursuant to:
1. Part III or IV of Chapter 291E or Section 291E 61,
or 291E 61.5, or 291E 62, HRS, or
2. Any of the following as they were in effect on
December 31, 2001: Part VII or XIV of Chapter 286, HRS;
or Section 200 81, 291 4, 291 4.4, 291 4.5, or 291 7, HRS.
Pursuant to Section 291E-44.5, HRS, a person with
an ignition interlock permit will be allowed to
drive a vehicle equipped with an ignition interlock device.