Hawaii DUI Laws and Penalties
Explained

Hawaii takes driving under the influence very seriously, using the term "Operating a Vehicle Under the Influence of an Intoxicant" (OVUII). Understanding the Aloha State's DUI regulations, penalties, and legal procedures is essential for all drivers. This comprehensive guide provides detailed information about Hawaii DUI laws, from first offense consequences to habitual violator penalties.

An Overview of Hawaii DUI Laws

Hawaii's DUI statute is found in Hawaii Revised Statutes § 291E-61, which prohibits operating a vehicle under the influence of an intoxicant (OVUII). The state defines this offense as operating or assuming actual physical control of a vehicle while impaired by alcohol, drugs, or other intoxicating substances.

Legal Blood Alcohol Concentration (BAC) Limits:
• Adult drivers (21 and older): 0.08% BAC
• Commercial drivers: 0.04% BAC
• Drivers under 21: 0.02% BAC (Zero Tolerance Law)

Types of DUI Charges in Hawaii:
• Impairment Method: Under the influence of alcohol sufficient to impair normal mental faculties
• Per Se Method: BAC of 0.08% or higher
• Drug Impairment: Under the influence of any drug that impairs driving ability
• Underage DUI: Measurable amount of alcohol for drivers under 21

Key Legal Threshold
0.08
Blood Alcohol Level
Legal limit for drivers 21 and over
Enhanced Penalties
0.15
Blood Alcohol Level
Threshold for enhanced penalties

An Overview of Hawaii DUI Penalties

Under Hawaii law (HRS § 291E-61), DUI penalties can include hefty fines, possible jail time, license suspension, and the installation of an ignition interlock device, with the severity depending on your history and specific situation.

These consequences can have a lasting impact on your driving privileges, job prospects, and financial stability. Whether you're looking for general information or dealing with DUI charges, it's important to understand Hawaii's tough laws and the increasing penalties that come with each offense.

Specific Penalties for a DUI in Hawaii

Hawaii DUI Fine Schedule

Hawaii DUI fines escalate significantly with each offense within the 10-year lookback period. First offenses range from $250-$1,000, while repeat offenses face substantially higher penalties up to $10,000 for habitual violators. Child endangerment cases incur additional $500 fines. All fines are in addition to court costs, surcharges, and neurotrauma fund fees.

First Offense

Standard:
$250 - $1,000
BAL 0.15+ or Minor Present:
$500 - $1,500

Second Offense

Standard:
$1,000 - $3,000
BAL 0.15+ or Minor Present:

Third Offense (Felony)

Standard:
$2,000 - $5,000
BAL 0.15+ or Minor Present:

Fourth+ Offense (Habitual Violator)

Standard:
$3,000 - $10,000
BAL 0.15+ or Minor Present:

Hawaii Imprisonment Terms

Hawaii DUI imprisonment terms become progressively more severe with each subsequent offense within the 10-year lookback period. First offenses carry 48 hours to 5 days jail time, while repeat offenses have increasingly longer terms. Third and subsequent offenses become Class C felonies with potential prison sentences up to 10 years for habitual violators.

1st

First Offense

  • 48 hours to 5 days imprisonment (alternative sentencing available)
  • Child endangerment: Additional 48 hours jail time
2nd

Second Offense

  • 5 to 30 days imprisonment (minimum 48 hours consecutive)
  • Child endangerment: Additional 48 hours jail time
3rd

Third Offense (Class C Felony)

  • Up to 5 years prison or 5 years probation
  • Continuous alcohol monitoring may be required
4th

Fourth+ Offense (Habitual Violator)

  • Up to 10 years prison (enhanced felony penalties)
  • Habitual violator classification with enhanced penalties

Hawaii Vehicle Impoundment/Immobilization

Hawaii law allows for vehicle forfeiture in certain DUI cases, particularly for habitual violators and third-time offenders. Vehicles used in commission of felony OVUII offenses are subject to forfeiture proceedings. Vehicle owners are responsible for all towing and storage fees during impoundment periods.

Unless the family has no other transportation:

Not typically required
Days
First Offense
Discretionary impoundment
Days
Second Offense
Vehicle forfeiture proceedings
Days
Third+ Offense (Felony)
* Impoundment cannot occur concurrently with incarceration

Hawaii Driver License Revocation Periods

Hawaii imposes both administrative and criminal license revocations for DUI offenses. Administrative revocations take effect immediately upon arrest, while criminal revocations follow conviction. The state's 24-day deadline for administrative hearings is strictly enforced, with ignition interlock devices required during most revocation periods.

First Offense

  • • 1 year revocation (ignition interlock permit available)
  • • Enhanced: Test refusal: 2 years revocation

Second Offense

  • • 2-3 years revocation (18 months administrative)
  • • Enhanced: Test refusal: 3 years revocation

Third Offense (Felony)

  • • 3-5 years revocation (2 years administrative)
  • • Enhanced: Test refusal: 4 years revocation

Fourth+ Offense (Habitual Violator)

  • • 5-10 years revocation
  • • Enhanced: Test refusal: 10 years revocation

Serious DUI Offenses in Hawaii

Hawaii treats DUI-related fatalities as serious felonies with substantial prison time and fines. Negligent homicide charges carry severe consequences under Hawaii law. These cases demonstrate how Hawaii distinguishes common OVUII charges from those involving loss of life. The legal consequences reflect the permanent damage caused by impaired driving decisions in the Aloha State.

DUI Manslaughter

  • Second degree felony
  • Up to $10,000 fine and/or 15 years imprisonment
Leaving the scene: First degree felony (up to 30 years)

Vehicular Homicide

  • Second degree felony
  • Up to $10,000 fine and/or 15 years imprisonment
Leaving the scene: First degree felony (up to 30 years)

Hawaii Ignition Interlock Law and Device Guidelines

Hawaii law mandates ignition interlock devices for most DUI convictions. The requirements are among the strictest in the nation, with devices required for all vehicles operated during the revocation period. First-time offenders may be eligible for ignition interlock permits, while repeat offenders face mandatory installation requirements.

The device must be installed by a state-approved provider and requires regular maintenance and monitoring. All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. Tampering with or circumventing the device constitutes a separate criminal offense under Hawaii law.

For complete statutory language and the most current information, please refer to:

HRS § 291E-61

Hawaii Department of Transportation

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