Hawaii DUI Laws
You may have been relaxing on the beach just yesterday, enjoying the lazy coastal breeze through a grove of coconut trees, but now find yourself "drying off" for the night in a Honolulu jail. Despite Hawaii's laid-back vibe, the state has little tolerance for driving under the influence (DUI), which the state also refers to as "operating a vehicle under the influence of an intoxicant" (OVUII). Even a first DUI offense in Hawaii can result in one or more of the following penalties:
- 72 hours of community service,
- Two to five days in prison, and
- $150 to $1,000 in fines.
The penalties get much more severe for repeat offenses that occur within the five-year "look-back" period. For example, a second conviction for an offense committed within five years of the first can result in 240 hours of community service and/or five days in prison. As you can see, getting busted for a DUI in Hawaii is no luau.
But aside from that, the loss of driving privileges, time spent in court, and the stress of it all can really take its toll. Get a handle on your rights as a DUI defendant and learn the basics of Hawaii DUI law below if you have been charged with the crime.
Hawaii DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent
|"Per Se" BAC Limit||0.08 Percent|
|Zero Tolerance (Underage) BAC Limit||0.02 Percent|
|Enhanced Penalty (Aggravated) BAC Limit||0.15 Percent|
|Implied Consent to Submit to BAC Test?||Yes|
Hawaii DUI Laws: Select Penalties
|Minimum License Suspension or Revocation (1st, 2nd, 3rd offense)||90 days (restricted license possible after 30 days for employment)/1yr/1-5yrs|
|Mandatory Alcohol Education, Assessment and Treatment||Both|
|Vehicle Confiscation Possible?||Yes|
|Ignition Interlock Device Possible?||Yes (mandatory)|
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 make sure you have the most recent information.
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)
- What are the Hawaii DUI Laws? - Additional information about Hawaii's drunk driving laws from our State Laws section (FindLaw).
- Elements of a DUI Offense - What prosecutors try to prove in order to get a conviction on DUI charges (FindLaw).
- Driving Under the Influence of Drugs - Overview of DUI charges that involve drugs other than alcohol, including prescriptions and medical marijuana (FindLaw).
Have a DUI Attorney Evaluate Your Case for Free
Even under the best circumstances, a drunk driving conviction can derail many aspects of one's life, particularly if it is serious enough to warrant jail time. And despite its laid-back, aloha lifetstyle, the state of Hawaii takes DUIs (or OVUIIs) very seriously. If you have been charged with driving under the influence in Hawaii, a good first step is to contact a DUI attorney for a free case review.