Hawaii's Reckless and Inattentive Driving Laws and Penalties

Read about Hawaii’s reckless driving laws and the consequences of a conviction.

In Hawaii, unsafe driving can lead to "reckless driving" or "inattention to driving" charges and serious penalties. This article explains how Hawaii defines these offenses and the consequences of a conviction.

What's Considered "Reckless Driving" in Hawaii?

In Hawaii, a person can be convicted of "reckless driving" for operating a vehicle "recklessly in disregard of the safety of persons or property." Generally, a person acts "recklessly" when he or she is aware that the conduct involves a substantial risk but decides to do it anyway. (Haw. Rev. Stat. Ann. § 291-2.)

Hawaii's Reckless Driving Penalties

A motorist who's convicted of reckless driving is looking at up to 30 days in jail and/or a maximum of $1,000 in fines.

If a reckless driving offense results in the death of another person, negligent homicide charges are also possible.

What's Considered "Inattention to Driving" in Hawaii?

Hawaii has a less serious offense called "inattention to driving." The offense is defined as causing a collision, damage to property, or injury to a person while driving "negligently." Generally, a person acts "negligently" when he or she should be—but isn't— aware that the conduct involves a substantial risk. (Haw. Rev. Stat. Ann. § 291-12.)

Hawaii's Inattention to Driving Penalties

The consequences of an inattentive driving violation are less severe than those for reckless driving. A motorist who's convicted of inattentive driving faces up to 30 days in jail and/or a maximum of $500 in fines. The driver is also subject to a $100 surcharge.

Reckless Driving and DUI Charges ("Wet Reckless") in Hawaii

In Hawaii, it's possible for a driver who's charged with driving under the influence, also called "operating a vehicle under the influence an intoxicant" (OVUII), to "plea bargain" for a lesser charge. When a DUI is plea-bargained down to a reckless driving charge, it's sometimes called a "wet reckless."

Talk to a Hawaii Defense Attorney

The facts of every case are different. If you've been arrested for or charged with reckless driving, get in contact with an experienced defense attorney. A qualified attorney can explain how the law applies to the facts of your case and help you decide on how best to handle your situation.

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