How much do you have to drink (BAC*) for a DUI in Hawaii?

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in Hawaii?

Hawaii has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Hawaii’s implied consent law.

What is the minimum jail time?

Lookback Period: 5 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

Can you plead to a lesser offense than DUI in Hawaii?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in Hawaii.

1st Hawaii DUI Offense

First Drunk Driving Conviction

• Jail – No Minimum Jail term (at judge's discretion)
• Jail – 48 Additional Hours (If Child Under 15 in Vehicle)
• Fine – From $150 to $1,000
• Fine – Additional $500 if Child Under 15 was in the Vehicle
• License Suspension – 90 Day Prompt Suspension (May Be Allowed to Drive) or,
• License Suspension – 30 Day Prompt Suspension (Driving Limited to Court Approval)
• BAC Above .15 – 6 Month License Suspension (Absolute Prohibition on Driving)
• Special Trauma Fund Surcharge - $25-$50
• Community Service – 72 Hours
• Complete Court Ordered Substance Abuse or Education Program

More Information: First Offense DUI in Hawaii

Important Note from the Editor

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

2nd Hawaii DUI Offense

Second Drunk Driving Conviction (Within 5 Years of Previous)

• Jail – 5 to 14 Days Possible
• Jail – 48 Additional Hours (If Child Under 15 in Vehicle)
• Fine – From $500 to $1,500
• Fine – Additional $500 if Child Under 15 was in the Vehicle
• License Suspension - Prompt Suspension of 1 Year
• Special Fund Surcharge - $50-$75
• Community Service – 240 Hours Minimum
• Complete Court Ordered Substance Abuse or Education Program

More Information: Second Offense DUI in Hawaii

3rd Hawaii DUI Offense

Third Drunk Driving Conviction (Within 5 Years of Previous 2)

• Jail – 10 to 30 Days Possible
• Jail – 48 Additional Hours (If Child Under 15 in Vehicle)
• Fine – From $500 to $2,500
• Fine – Additional $500 if Child Under 15 was in the Vehicle
• License Suspension – From 1 to 5 Years
• Vehicle Forfeiture Under Chapter 72A
• Special Fund Surcharge - $50
• Community Service – 240 Hours Minimum
• Complete Court Ordered Substance Abuse or Education Program

More Information: Third Offense DUI in Hawaii

New HI DUI Laws for 2011

Effective January 1, 2011, those arrested for a DUI will be required to pay for the installation of an IID ($84) as well a monthly leasing fee ($89). Additionally, Hawaii’s Administrative Driver's License Revocation Office will take away a violator's driver's license and issue a temporary permit that indicates the requirement for the interlock device.

A first-time offender arrested for a DUI in Hawaii who exceeds the statutory limit or who refuses to submit to alcohol testing will be subject to a one-year license revocation but may drive with an IID. Subsequent violations increases the periods of revocation.

Drinking and Driving Laws in Hawaii

Hawaii Drunk Driving and Wet Reckless Laws - Nolo.com

The drunk driving law in the State of Hawaii prohibits driving when the blood alcohol concentration (BAC) of the driver is .08 percent or above. The .08 percentage level is the standard measurement used across the United States. The law includes driving on the road as well as in the air or on the water. The State of Hawaii also has stricter laws in place for the "Highly Intoxicated Driver". To get classified as a highly intoxicated driver you BAC would need to be .15 percent or above.

How many drinks does it take to reach the legal limit in Hawaii?

Reaching the intoxicated or highly intoxicated driver BAC limits are difficult to estimate. Factors such as weight, body-fat percentage, sex and the time interval between drinks all play a role in blood alcohol concentration levels. Some studies have shown that your BAC could rise as much as .05 percent for each drink taken. Given that number, it takes very little alcohol to become legally "intoxicated" in Hawaii or any other state.

The best answer is not to drink and drive . The State of Hawaii has strict laws for drunk driving, and when you drink and drive in Hawaii, you risk your freedom, finances and your future.

Drunk Driving Laws in Hawaii

State of Hawaii BAC Laws:

• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .02 or higher.
• Commercial Vehicle Driver with a BAC of .04 or higher.

The first time your are convicted of drunk driving in Hawaii you will receive a drivers license suspension from 90 days to 1 year. If you are a highly intoxicated driver with a BAC of .15 or above, your drivers license will be suspended for 6 months up to 1 year. You will also receive from 48 hours to 5 days in jail and a fine between $150-$1,000. You may receive 72 hours of community service instead of a fine or jail if the court deems this appropriate. You must also participate in a 14 hour (Minimum) substance abuse program that provides education and counseling for convicted drunk drivers.

The second DUI conviction in the State of Hawaii will give you a drivers license suspension for a period of 1 year (minimum) up to 2 years. You will receive either 240 hours of community service or you will serve from 5-14 days in jail and a fine ranging from $500-$1,500. You must also participate in a 14 hour (Minimum) substance abuse program that provides education and counseling for convicted drunk drivers. You may also receive 240 hours of community service.

For a third DUI conviction in Hawaii you will receive a drivers license suspension from a minimum of 1 to 5 years. In addition to this you will receive a fine from $500-$2500 and from 10 days (Minimum) to 30 days in jail. The vehicle of the driver may be forfeited to the state if the court wishes. If a person under the age of 15 years at the time of the offense, then the driver will pay an additional $500 per person and a extra 48 hours (minimum) in Jail.

Your fourth drunk driving offense in Hawaii is a Class "C" Felony and you will be know as a "Habitual" offender. The possibilities are 5 years in prison, probation for 5 years with a mandatory revocation of license for no less than 1 year, 10 days in jail and a referral to substance abuse counseling.

You will also be sent to a drivers education program by a certified substance abuse counselor, of the offender's substance abuse or dependence and the need for appropriate treatment.  The counselor shall submit a report with recommendations to the court.  The court shall require the offender to obtain appropriate treatment. The counselor shall submit a report with recommendations to the court. All costs will be charged to the felon.

The Implied Consent Law in the State of Hawaii

The State of Hawaii has what is called an "Implied Consent Law". The implied consent law means that any driver that operates a motor vehicle in Hawaii on the road or in the water, is deemed to have given consent to have their Blood, Breath, Urine to determine the level of alcohol or drugs in the drivers system. These tests would be done at the request of a law enforcement officer. In Hawaii however you may decline to submit to a chemical test.

State of Hawaii Website - More DUI Information

Other Hawaii Information on This Website

State of Hawaii Teen Driving Laws and Insurance Requirements