The Hawaii law on driving under the influence (DUI) is outlined in § 291E-61. It states that if a person’s ability to drive is impaired by drugs or alcohol, or if their blood alcohol concentration level is .08% or higher, they are considered to be driving under the influence.

When arrested for a first offense DUI, the officer will take your driver’s license and give you a Notice of Administrative Revocation. This notice will serve as your temporary driving permit for 30 days, provided your license wasn’t under revocation or suspension for another reason. Repeat DUI offenders will have their vehicle registration taken by the officer, and if the vehicle belongs to them, the officer will confiscate its license plates and issue a temporary registration and plate, valid for 30 days.

Hawaii DUI Administrative Hearing Process

The Hawaii DUI Administrative Hearing Process allows you to submit information within three days of arrest for alcohol-related offenses and within seventeen days for drug-related offenses. The Administrative Driver’s License Revocation Office will either reinstate or uphold the revocation of your license and will mail you their decision within eight days for an alcohol-related arrest and within 21 days for a drug-related arrest.

If your license is reinstated, they will mail you your registration, driver’s license, and license plate within 25 days from the date of your arrest for an alcohol-related arrest and no later than 39 days for a drug-related arrest. However, if they uphold the revocation of your license, you have only six days to request an in-person administrative hearing.

Refusing a chemical test will result in a 12-month license revocation for a first offense and a minimum of 2 years and maximum of 5 years for a second or subsequent offense within a 5-year period. The length of the revocation period will depend on the case’s circumstances and any prior convictions. The arresting officer is required by law to inform you that you have the right to refuse to submit to a chemical test.

Conditional Driver’s License

During an administrative hearing, the hearing director may grant you a conditional license permit or an ignition interlock permit, which will enable you to drive for the remainder of your revocation period after a minimum of 30 days without driving privileges.

To qualify for a conditional license, you must be employed in a job that requires you to drive while working or risk losing your job because you cannot drive during work hours. Alternatively, you must have no access to any other means of transportation such as a bus route. If driving is necessary for your job, your employer must provide a sworn statement justifying your need to drive during working hours.

The conditional license will have driving schedule restrictions, like only driving during employment hours and for specific purposes specified by the Administrative Revocation Hearing Office director. To receive a conditional license, you must demonstrate financial responsibility by providing a Hawaii SR22 insurance policy.

Hawaii DUI Penalties for First-Time Offenders

A first-time DUI offense in Hawaii indicates that you haven’t faced a previous DUI conviction within the past five years. Here are the penalties you may encounter:

1. Jail time: For a first-time conviction, a minimum of 48 consecutive hours in jail and up to 5 days maximum. An additional 48-hour jail sentence is added if a passenger under the age of 15 was in the vehicle during the arrest.
2. Fines: A minimum fine of $150 and a maximum of $1,000. There’s a $25 surcharge for the neurotrauma fund and possibly another $25 surcharge for the trauma system fund. An extra $25 is added to the trauma system fund if your BAC is .15% or higher. If a passenger below 15 years of age was in the vehicle during the arrest, an additional $500 is mandatory.
3. Substance abuse program: Attendance of at least 14 hours in an approved rehabilitation program is required.
4. Community service: The court may assign a minimum of 72 hours of community service.
5. Test Refusal: The first-time offense for refusing a test results in a 1-year license revocation.
6. Ignition interlock: Installation is mandatory if you wish to drive during the revocation period.
7. License revocation: Your license will be revoked for a duration between 90 days and 1 year. To reinstate your license or obtain a conditional permit, you must show proof of financial responsibility with a Hawaii SR22 Filing policy by submitting an SR22 form to the DMV.

Hawaii DUI Penalties for Second-Time Offenders

A second-time DUI offense in Hawaii means that you have been convicted of one previous DUI within the past 5 years. The penalties for a second offense are as follows:

1. Jail time: A minimum jail sentence of 5 days, with the first 48 hours served consecutively, and a maximum sentence of 14 days. If a passenger under 15 years old was in the vehicle during the arrest, you must serve an additional 48 hours of obligatory jail time.
2. Fines: A minimum fine of $500 and a maximum of $1,500. There’s a $25 surcharge for the neurotrauma fund and possibly a $50 surcharge for the trauma system fund. An extra $25 may be added to the trauma system fund if your BAC is .15% or higher. If a passenger under 15 years of age was in the vehicle during the arrest, an additional $500 mandatory fine is required.
3. Substance abuse program: A minimum of 14 hours in an approved substance abuse rehabilitation program is mandatory.
4. Community service: The court may order a minimum of 240 hours of community service.
5. Test refusal: A second test refusal results in a 2-year license revocation.
6. Ignition interlock: Installation is mandatory if you wish to drive during the revocation period.
7. License revocation: The minimum revocation period for a second offense is 1 year, and the maximum is 2 years. To reinstate your license following the revocation period, you must submit an SR22 form to the DMV proving financial responsibility with a Hawaii SR22 policy.

Hawaii DUI Penalties for Third or Subsequent Offenses

A third or subsequent DUI offense in Hawaii means you have been convicted of two previous DUIs within the past 5 years. If you receive a third or subsequent offense within a 10-year period, you are considered a “habitual offender” and it is classified as a Class C Felony. The penalties are as follows:

1. Jail time: A minimum jail sentence of 10 days, with the first 48 hours served consecutively, and a maximum sentence of 30 days. An additional 48 hours of obligatory jail time is added if a passenger under 15 was in the vehicle during the arrest. For habitual third or subsequent offenses, the minimum is 10 days, and the maximum imprisonment can be up to 5 years or a 5-year probation term can be issued instead.
2. Fines: A minimum fine of $500 and a maximum of $2,500. There’s a $25 surcharge for the neurotrauma fund and possibly a $50 surcharge for the trauma system fund. If your BAC is .15% or higher, an extra $25 may be added to the trauma system fund. If a passenger under 15 was in the vehicle during the arrest, an additional $500 mandatory fine is required.
3. Vehicle forfeiture: The court has the discretion to require forfeiture of your vehicle to the state if convicted of 3 or more offenses.
4. Test refusal: A third or subsequent test refusal results in a 4-year license revocation.
5. License revocation: A minimum 2-year revocation for a third or subsequent offense, with a maximum of 4 years. For 3 or more offenses within a 5-year period, the minimum revocation is 5 years and can go up to 10 years.

To reinstate your license upon completion of the revocation period, you must submit an SR22 form to the DMV, proving financial responsibility with a Hawaii SR-22 insurance policy.

Hawaii DUI Laws for Individuals Under 21 Years Old

In Hawaii, it is illegal for anyone under the age of 21 to operate a motor vehicle with any detectable amount of alcohol in their system. If a person under the age of 21 is arrested for a first-time DUI offense, they will be required to attend an alcohol abuse education and counseling program and will have their license suspended for 180 days. However, the court may choose to impose a 30-day suspension instead and grant a restricted license for the remaining 150 days, allowing the individual to drive to and from work and their alcohol abuse program.

Along with the above penalties, the court may also assign up to 36 hours of community service and a fine ranging between $150 and $500 for the first offense.

If someone under 21 commits a second DUI violation within 5 years of the first one, they will face a 1-year license suspension, up to 50 hours of community service, and a fine between $300 and $1,000.

For a third or subsequent DUI offense within 5 years, the individual’s license will be revoked for 2 years, 100 hours of community service will be required, and a fine between $300 and $1,000 will be imposed.

Hawaii SR22 Insurance Requirements

Before the Hawaii DMV reinstates your license following a suspension or revocation, or before issuing a conditional or ignition interlock permit, they require you to submit an SR22 form.

You must maintain SR22 insurance for a 3-year period.If there’s a lapse in your Hawaii SR-22 insurance coverage during this 3-year timeframe, your insurance provider is legally required to notify the Hawaii DMV immediately.

Upon receiving this notification, the Hawaii DMV will revoke your license, and you must re-submit an SR22 form to obtain a new license.As you need to maintain SR22 insurance for 3 years, it’s crucial to find the most affordable policy available.

Hawaii DUI Resources

1. Hawaii DUI Laws – This resource provides an overview of the DUI laws in Hawaii, including penalties, fines, and license suspension information. It also covers information on the legal limits for alcohol and drug use while operating a vehicle.
   https://wxww.dmv.org/hi-hawaii/automotive-law/dui.php
2. Mothers Against Drunk Driving (MADD) Hawaii – This organization is dedicated to preventing drunk driving and supporting victims of drunk driving accidents. They offer resources for education, advocacy, and support.
   https://www.madd.org/hawaii/
3. Hawaii Department of Transportation – The Hawaii DOT provides information on DUI checkpoints, laws, and penalties in the state. They also offer resources for driver education and safety programs.
   https://hidot.hawaii.gov/highways/home/driver-info/dui/
4. Hawaii Substance Abuse Coalition – This coalition is focused on reducing substance abuse and its negative impacts on Hawaii communities. They offer resources for education, prevention, and treatment of substance abuse, including DUI-related offenses.
   https://hisac.org/
5. Hawaii Criminal Justice Data Center – This resource provides access to criminal records and background checks in Hawaii, which can be useful for employers or individuals who need to check for DUI convictions on someone’s record.
   http://ag.hawaii.gov/hcjdc/