DUI Laws in Hawaii (DUI)
Hawaii uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years. 4th offense within 10 years (Class C felony under HRS §291E-61.5). Below are the full details of Hawaii's DUI laws and penalties.
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Overview
Hawaii refers to drunk driving as Operating a Vehicle Under the Influence of an Intoxicant (OVUII), though it is commonly called DUI. The state uses a 10-year lookback period and classifies all DUI offenses as petty misdemeanors or misdemeanors until the fourth offense, which can be charged as a Class C felony. Hawaii is unique in having a relatively low enhanced penalty threshold of 0.15% BAC and in allowing judges to impose substance abuse treatment as a primary sentencing tool. The state also has a robust Ignition Interlock Device program that has been expanded in recent years to cover first-time offenders.
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.15% — triggers 'Highly Intoxicated' enhanced penalties with increased mandatory minimums |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Petty misdemeanor | Up to 5 days; mandatory minimum 48 hours consecutive OR 72 hours of community service. If BAC 0.15+: mandatory minimum 48 hours | $150–$1,000; additional surcharges and fees apply | 1-year revocation; administrative revocation begins upon arrest | Mandatory for license reinstatement; minimum 12 months |
| 2nd Offense | Petty misdemeanor | Mandatory minimum 5 days to up to 30 days; at least 48 hours consecutive. If BAC 0.15+: mandatory minimum 10 days | $500–$1,500 plus surcharges | 2-year revocation | Mandatory for 18 months upon reinstatement |
| 3rd Offense | Misdemeanor | Mandatory minimum 10 days to up to 1 year; at least 48 hours consecutive. If BAC 0.15+: mandatory minimum 30 days | $500–$2,500 plus surcharges | 4-year revocation | Mandatory for 24 months upon reinstatement |
| Felony | Class C felony (habitual OVUII) | Up to 5 years in prison; sentencing at court discretion with treatment alternatives available | Up to $10,000 | Permanent revocation; may petition for reinstatement after 5 years with conditions | Required for any reinstatement granted |
Felony threshold: 4th offense within 10 years (Class C felony under HRS §291E-61.5). Lookback period: 10 years — Hawaii counts prior OVUII convictions within a rolling 10-year period (from conviction date to new offense date) for determining offense level and applicable penalties..
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | 72 hours if elected in lieu of 48-hour mandatory jail | Up to 1 year | Mandatory 14-hour substance abuse rehabilitation program; must complete before license reinstatement |
| 2nd Offense | Mandatory; minimum 240 hours if jail alternative authorized | Up to 1 year with conditions | Mandatory substance abuse assessment and treatment program compliance |
| 3rd Offense | Mandatory; court-determined hours | Up to 1 year with intensive supervision | Mandatory substance abuse treatment; inpatient program may be required |
| Felony | Court-determined | Up to 5 years felony probation | Mandatory long-term substance abuse treatment program |
Implied Consent Law
Under HRS §291E-11, Hawaii's implied consent law provides that any person who operates a vehicle on Hawaii's public roads consents to testing of breath, blood, or urine for alcohol and/or drugs. The officer must have reasonable suspicion that the driver is impaired and must inform them of the consequences of refusal.
Refusal penalties: Refusal triggers an administrative revocation of license: 1 year for first refusal, 2 years for second refusal within 10 years, and 4 years for third refusal within 10 years. Refusal is treated the same as failing the test for administrative license revocation purposes. Additionally, refusal can be used as evidence in the criminal DUI proceeding.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% or higher (Highly Intoxicated) | Increased mandatory minimum jail sentences; higher minimum fines; extended IID requirements |
| Minor passenger under 15 years old | Additional charge of endangering the welfare of a minor; enhanced sentencing considerations |
| Excessive speeding while intoxicated (30+ mph over limit) | Separate excessive speeding charge (petty misdemeanor); combined penalties significantly increase jail time |
| Causing injury while DUI | Upgraded to negligent injury in the first degree (Class C felony); up to 5 years imprisonment |
| Driving on a revoked or suspended license | Additional criminal charge; mandatory minimum jail time; extended revocation period |
DUI with Injury
Classification: Class C felony (negligent injury; first degree) or Class B felony (manslaughter)
DUI causing serious bodily injury (negligent injury first degree): Class C felony, up to 5 years in prison, up to $10,000 in fines. DUI causing death (manslaughter): Class B felony, up to 10 years in prison, up to $25,000 in fines. Vehicular manslaughter while intoxicated carries enhanced sentencing provisions.
Underage DUI
Drivers under 21 with BAC of 0.02% or higher face administrative license revocation: 6 months for first offense and 1 year for second offense. The driver must complete a substance abuse assessment and an approved education or treatment program. If BAC reaches 0.08%, full adult OVUII penalties apply.
Diversion Programs
Program: HOPE Probation / DUI Court Programs
Hawaii pioneered the HOPE (Hawaii's Opportunity Probation with Enforcement) program, which uses swift and certain sanctions for probation violations including random drug testing and immediate short jail stays for violations. Several counties also operate dedicated DUI Court programs that combine intensive supervision with substance abuse treatment over 12–18 months.
Eligibility: HOPE Probation is available to repeat DUI offenders at the judge's discretion, particularly for those with substance abuse issues. DUI Court programs vary by county but generally target second and third offenders as an alternative to extended incarceration. First-time diversion may be available at the prosecutor's discretion in some jurisdictions.
How Long a DUI Stays on Your Record
A DUI conviction in Hawaii stays on your criminal record permanently unless expunged. Hawaii allows expungement of criminal records in limited circumstances — typically only if charges were dismissed or the person was acquitted. DUI convictions generally cannot be expunged. For the 10-year lookback period, prior convictions older than 10 years are not counted for sentencing enhancement purposes.
Key Statutes
- HRS §291E-61
- Operating a vehicle under the influence of an intoxicant (OVUII) — main DUI statute defining offenses and penalties
- HRS §291E-61.5
- Habitually operating a vehicle under the influence — felony DUI for 4th offense within 10 years
- HRS §291E-11
- Implied consent law — consent to testing and consequences of refusal
- HRS §291E-41
- Administrative revocation of license — procedures and hearing rights for DUI-related suspensions
- HRS §291E-65
- Ignition interlock device requirements — installation, maintenance, and compliance standards
Frequently Asked Questions
Is a DUI a felony in Hawaii?
What are the DUI penalties in Hawaii for a first offense?
How long does a DUI stay on your record in Hawaii?
Do you need an ignition interlock device for a first DUI in Hawaii?
Can you refuse a breathalyzer in Hawaii?
What is the HOPE Probation program in Hawaii?
Can you get a hardship license after a DUI in Hawaii?
How much does a DUI cost in Hawaii?
Related Guide
DUI license recovery in Hawaii→Step-by-step guide to getting your license back after a DUI in Hawaii — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Hawaii Judiciary — DUI/OVUII Information
Hawaii court system information on DUI proceedings, court programs, and legal resources
- Hawaii Revised Statutes — Chapter 291E
Full text of Hawaii's impaired driving laws including OVUII offenses, implied consent, and administrative revocation
- Hawaii HOPE Probation Program
Official information on Hawaii's Opportunity Probation with Enforcement program for DUI and other offenders
- Hawaii State Bar Association — Lawyer Referral
Find a DUI defense attorney through Hawaii's official bar association referral service
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- Documents & IDID & documents in Hawaii
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- Background ChecksHow to check your own record
- Criminal LawFelony vs. misdemeanor — what's the difference?