Hawaii DUI Law

It is illegal in Hawaii to operate a vehicle while under the influence of an intoxicant. The Blood Alcohol Concentration limit is .08 or greater. It is also illegal to operate a vehicle while under the influence of alcohol or any drug that impairs the person’s ability ot operate the vehicle in a safe and prudent manner.

Penalties

First Offense

- 14 hour minimum substance abuse rehab program

- Minimum 90 day suspension of license

- Any one of the following:

- 72 hours of community service

- 48 hours – 5 days in prison

- $150 - $1,000 fine

- A $25 charge payable to the neurotrauma special fund.

Second Offense in Five Years

- One of the following:

- Minimum 240 hours of community service

- 5 – 14 days of imprisonment, at least 48 hours of which must be served consecutively

- A $25 charge payable to the neurotrauma special fund.

Third Offense in Five Years

- $500 - $2,500 fine

- 10 – 30 days imprisonment, at least 48 hours of which must be served consecutively

- A $25 charge payable to the neurotrauma special fund

- Forfeiture of the vehicle owned and operated by the person committing the offense.

Habitual Operator – Three or More Offenses

- Five years in jail OR

- Five years of probation, including the following conditions:

- Mandatory license revocation for a 1 – 5 years

- Minimum 10 days in jail, 48 hours of which is served consecutively

- Referral to a substance abuse counselor

- $25 charge payable to the neurotrauma special fund

Under 21

If you are under the age of 21 and operate a motor vehicle with any measurable amount of alcohol in your system you will be sentenced to:

- Attend an alcohol abuse and counseling program for at least ten hours

- 180 day license suspension

- Minimum 36 hours of community service OR a fine of $150 - $500.

Minor in the Vehicle

If the offender is over the age of 18 and has a minor in the vehicle under age of 15, an additional $500 fine will be assessed and another 48 hours will be attached to the prison term.

Presumed Consent

Any person who operates a vehicle on a public road in Hawaii is deemed to have given his consent to have his blood, breath, or urine tested for alcohol concentration or drug content.

Refusing a Chemical Test

If a person under arrest refuses to submit to a breath, blood, or urine test, the officer will advise them of the punishment for test refusal and give them a second chance to accept the test.

No Prior Alcohol Related Arrests in Last Five Years:

One year license revocation.

One Prior Alcohol Related Arrest in Last Five Years:

Two year license revocation.

Two Prior Alcohol Related Arrests in Last Five Years:

Four year license revocation.

Three or More Alcohol Related Arrests in Last Ten Years:

Lifetime license revocation.

LICENSE SUSPENSIONS

Penalties Effective Until July 1, 2007

No Prior Alcohol Related Arrests in Last Five Years:

Three month – One year license revocation.

One Prior Alcohol Related Arrest in Last Five Years:

One – Two year license revocation.

Two Prior Alcohol Related Arrests in Last Five Years:

Two – Four year license revocation.

Three or More Alcohol Related Arrests in Last Ten Years:

Lifetime license revocation.

Penalties Effective After July 1, 2007

No Prior Alcohol Related Arrests in Last Five Years:

Three month – One year license revocation.

Highly Intoxicated Driver:

A “highly intoxicated driver” is one with a BAC of greater than 0.15. Mandatory minimum six month license revocation. Conditional licenses are not available to highly intoxicated drivers.

One Prior Alcohol Related Arrest in Last Five Years:

One – Two year license revocation.

Two Prior Alcohol Related Arrests in Last Five Years:

Two – Four year license revocation.

Three or More Prior Alcohol Related Arrests in Last Ten Years:

Lifetime license revocation.

Drivers Under 18:

License revocation until 18th birthday or as specified above, whichever is longer. Conditional licenses are not available for drivers under the age of 18.

Conditional Licenses

After thirty (30) days, offenders may request an administrative hearing for the purpose of requesting a conditional license permit. These permits allow the offender to drive for the remainder of the revocation period so long as they meet one of the following requirements:

- Are gainfully employed in a position that requires them to drive and they will be discharged if driving privileges remain revoked

- Have no access to alternative transportation and therefore must drive to and from work, substance abuse treatment, or counseling.