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Hawaii Island Police Report 29 DUI Arrests

March 4, 2014 - Between February 24 and March 2, Hawaii Island police arrested 29 people for DUI. Check out the rest of the police DUI stats for the week. (MORE)

DUI Roadblocks Planned Ahead of Spring Break

February 28, 2014 - In an effor to combat driving under the influence over the busy spring break period, Honolulu Police will be setting up roadblocks at unannounced locations throughout the coming months. (MORE)

Police Lieutenant's DUI Case Postponed

October 15, 2013 - Lt. Colin Wong, 27-year veteran of the Honolulu Police Department, was arrested for DUI in Waikiki last March. He refused both breathalyzer and blood testing, and now his case has been rescheduled for October 25. (MORE)

Hawaii DUI Laws

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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
  • Yes, by getting a Hawaii driver's license, you give consent to submit to a BAC test (breath alcohol test or blood analysis)
  • Failure to submit to a BAC test will result in 1 year license suspension

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
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
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
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
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
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
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.

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