Hawaii DUI Laws
If you have been charged with a DUI offense in Hawaii (called Operating a Vehicle Under the Influence of an Intoxicant, or "OVUII"), you should immediately contact an attorney. The laws are complicated and are rapidly changing. A Hawaii DUI lawyer will make sure you don't miss important deadlines (e.g., that can cost you the ability to drive) and pursue the best defense against the charges.
Hawaii's Administrative License Revocation Office (ADLRO) may revoke the driver's license of a person arrested for OVUII. The revocation period is generally one year longer for a subsequent offense (within five years) or a "highly intoxicated" offender (i.e., a blood alcohol content [BAC] of .15 percent or more). The ADLRO may also revoke the motor vehicle registrations and license plates of repeat offenders. Newly enacted ignition interlock device (IID) laws permit certain offenders to drive with an IID during the revocation period. You may wish to speak with a Hawaii OVUII lawyer to learn more about the ADLRO process.
The ADLRO proceeding is separate and distinct from criminal charges which may be filed in court as a result of an arrest for OVUII. Conviction penalties can include fines and court fees, community service, assessments, classes and even jail. The penalties are more severe if children were in the car and for highly intoxicated and/or repeat offenders. To learn more about OVUII offenses, contact a Hawaii DUI attorney today.
Hawaii DUI/DWI (OVUII) Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Hawaii BAC laws may differ from those of other states, as follows.
| Hawaii BAC Laws | |
| Per Se Violation | BAC of: .08 or higher |
| "Zero Tolerance" (BAC for Someone Under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to contest Administrative Suspension: within approximately three days following your citation for a DUI/DWI (not your conviction).
Time to file for appeal: approximately six days following mailing of administrative review decision.
| DUI/DWI Arrest | |
| 1st Offense | 1-year license suspension |
| Subsequent Offenses | 18 months or 2 years license suspension, depending on prior convictions |
| Temporary License | Yes, for 30 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 2-year license suspension |
| Subsequent Offenses | 3 or 4 years license suspension, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | 48 hours to 5 days in jail; 72 hours community service |
| Fines, Fees, and Surcharges | Approx. $200 to $1,050 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | At least 14 hours of substance abuse program |
| Second DUI/DWI Offense (within 5 years of 1st offense) | |
| License Suspension | 18 months to 2 years (may have conditional license) |
| Prison Term and Community Service | 5 to 30 days in jail or at least 240 hours community service |
| Fines, Fees, and Surcharges | Approx. $575 to $1,575 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible substance abuse program |
| Third DUI/DWI Offense (within 5 years of 1st and 2nd offenses) | |
| License Suspension | 2 years (may have conditional license) |
| Prison Term and Community Service | 10 to 30 days in jail; possible community service |
| Fines, Fees, and Surcharges | Approx. $575 to $2,575 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible substance abuse program |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
****Classification of a DUI/DWI conviction as a misdemeanor or felony depends on when the prior convictions took place. Prior convictions closer in time to the current conviction make a felony classification more likely.