Hawaii Drunk Driving Fines & Penalties

Learn about the penalties for a DUI / OVUII conviction in Hawaii.

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What are the penalties for a DUI/OVUII in Hawaii?


1st Offense

2nd Offense

3rd Offense

Jail

None

5 to 14 days

10 to 30 days

Fines and Penalties

$150 to $1,000

$500 to $1,500

$500 to $2,500

License Suspension

90 days

1 year

1 to 5 years

IID** Required

No

No

No

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

**Ignition Interlock Device

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

Under 21

.02% 

21 or older

.08%

Commercial

.04%

** BAC = blood alcohol content

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

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

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.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

1 year license revocation

2 years license revocation

4 years license revocation

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.

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

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

Drinking and Driving Laws in Hawaii

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.

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.

New Hawaii DUI/OVUII Laws

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.

by: , Attorney

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