Hawaii DUI Laws

Hawaii had a tragic record for drugged and drunk driving offenses for years. The state began to crack down on the dangerous and preventable activity on their roads and waterways. Today, Hawaii law has little tolerance for driving under the influence (DUI). A conviction can strip you of your driver's license, cost you huge amounts of money in fines, and land you in jail.

Knowing the law can help you avoid a serious situation. Here's an overview of Hawaii DUI laws.

Note: State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.

Operating a Vehicle Under the Influence of an Intoxicant

Hawaii law prohibits "operating a vehicle under the influence of an intoxicant" (OVUII) or DUI. Both OVUII and DUI are used interchangeably.

An intoxicant is an alcohol or drug that causes impairment. It diminishes your mental faculties, making operating or assuming actual physical control of a vehicle dangerous. In fact, you don't have to be driving or in motion in Hawaii to get arrested for a DUI or OVUII.

A vehicle does not necessarily mean a car or truck. The definition includes any watercraft, as well as mopeds.

Blood Alcohol Content Limits in Hawaii

The legal limit for your blood alcohol content (BAC) in Hawaii is 0.08%. If you operate a commercial vehicle, and Hawaii includes school buses in this category, the limit is 0.04%. Should your test results be at or above the limit, you're presumed to be under the influence of alcohol to an unlawful degree. This is also called being "per se intoxicated." Law enforcement doesn't need additional evidence of your intoxication at this BAC.

You can still receive a DUI or OVUII charge if you are below the 0.08% BAC limit. An officer may arrest you if you're impaired to the extent that your normal mental faculties seem affected, and you can no longer drive safely. Drugs, alcohol, or both could cause this impairment.

Underage Drinking Laws

Hawaii has "zero tolerance" laws for underage drinking. Anyone under 21 years of age cannot have any measurable amount of alcohol in their system.

A BAC of 0.02% will see you arrested for a DUI. Any trace of intoxicating substances, such as illegal drugs, will see you charged with an OVUII.

Your sentence upon conviction can include a 180-day license suspension, community service, and up to $500 in fines. You will also need to complete ten hours of substance abuse education. If you are under 18, your parents must attend the education program.

Implied Consent Law

When stopped by law enforcement on suspicion of a DUI, the officer will ask you to submit to chemical tests and field sobriety tests. As part of obtaining your driver's license, you have agreed to operate your vehicle safely and within the law. Part of this agreement is your consent to these tests when a police officer reasonably suspects you're driving under the influence.

While you can refuse these tests, there are severe and immediate consequences for not complying. Law enforcement will arrest you, and you lose your driving privileges for one year. A subsequent refusal to allow chemical tests will see your license revocation period extended for two to five years.

DUI Penalties

A first-offense OVUII is a misdemeanor. Upon conviction for the first time, your sentence will include a minimum of 14 hours in a substance abuse rehabilitation program, a one-year license revocation, and an ignition interlock device (IID). Included with your court fines is a fee of $25 to a neurotrauma special fund. The judge may add to your sentence up to 72 hours of community service and between three to five days of jail time.

The penalties get much more severe if you have prior convictions within five years. A second DUI conviction will increase your penalties to 36 hours in a substance abuse program, two to three years of license revocation, and installing an ignition interlock device on your vehicle. The judge can add 240 hours of community service and five to 30 days in jail. Your fine would be between $1,000 and $3,000, with an additional $25 surcharge going to the neurotrauma special fund.

Two or more DUI convictions within ten years will earn you a label as a habitual offender. A third offense within this time frame is a class C felony with serious penalties. This includes five years in jail or probation. If sentenced to probation, you would serve at least ten days in jail. This is mandatory. The vehicle used in the commission of the DUI would be subject to forfeiture. Your license suspension would be suspended for three to five years. You would have to install an ignition interlock device if granted a limited license to drive to work or school. Finally, you would pay $2,000 to $5,000 in fines and undergo substance abuse treatment.

Aggravating Factors

Sentence enhancements get added if you are 18 or older and a minor aged 15 or younger was in the vehicle at the time of your arrest. These enhancements include mandatory jail time of at least 48 hours added to your sentence, an additional $500 in fines, and a minimum license suspension of two years.

You also face mandatory sentence enhancements if you are highly intoxicated, meaning your BAC is 0.15% or more. You would spend an additional minimum of 48 consecutive hours in jail and have six months added to your license revocation for a first offense.

Hawaii DUI Resources

• Hawaii DUI Statute: Consuming or Possessing Intoxicating Liquor While Operating Motor Vehicle or Moped (Hawaii Rev. Stat. 291E-61)
• Ignition Interlock: Details on ignition interlock use in Hawaii, with links to FAQs and the state's preferred provider (Hawaii Dept. of Transportation)
• Driver Education and Other Links: Links to driver education programs, the IID program, and license reinstatement (Hawaii Courts)
• Elements of a DUI Offense: What prosecutors try to prove to get a conviction on DUI charges (FindLaw)

Get Peace of Mind From a Hawaii DUI Defense Attorney

Even under the best circumstances, a drunk driving conviction can derail many aspects of your life. You can lose your job, pay heavy fines, and the conviction stays with you. Hawaii takes DUIs or OVUIIs very seriously. If you receive a driving under the influence charge in Hawaii, a good first step is to contact an experienced Hawaii DUI defense attorney near you.