A Complete Guide to Hawaii DUI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to Hawaii DUI Laws: From First Offense to Felony Charges

Introduction

Hawaii, with its stunning landscapes and unique cultural heritage, also maintains strict laws against impaired driving to ensure the safety of its residents and visitors. In Hawaii, the offense is officially referred to as "Operating a Vehicle Under the Influence of an Intoxicant" (OVUII), though it is commonly known as DUI. The state's penalties are significant and escalate sharply with repeat offenses, often involving mandatory jail time, substantial fines, and lengthy license revocations. Understanding these regulations is crucial for anyone driving in the Aloha State.

The General Framework of Hawaii DUI Laws (OVUII)

In Hawaii, a person commits the offense of OVUII if they operate or assume actual physical control of a vehicle:

While under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for themselves and guard against casualty;
While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner; or
With a Blood Alcohol Concentration (BAC) of $0.08%$ or more.

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Per Se OVUII Law: Hawaii operates under a "per se" law for alcohol impairment. This means if your BAC is at or above a certain legal limit, you are legally presumed to be under the influence, even if your driving does not appear impaired.

For drivers 21 and older: The legal BAC limit is $0.08%$ .
For commercial vehicle operators: The legal BAC limit is $0.04%$ .
For drivers under 21 (Zero Tolerance Law): Hawaii has a strict "zero tolerance" policy for underage drivers. If a driver under 21 has a BAC of $0.02%$ or higher, they can be charged with OVUII, leading to immediate license suspension.

Even if your BAC is below the specific "per se" limits, you can still face OVUII charges if law enforcement can prove that your driving ability was "impaired" by alcohol or drugs based on observations or other evidence.

Proposed BAC Change: As of June 2025, there is ongoing legislative discussion in Hawaii to establish a new traffic infraction for those driving with a BAC between $0.05%$ and $0.079%$ , signaling a potential move towards a lower legal limit, similar to Utah. This Act, if passed, is currently slated to take effect on July 1, 2025.

Implied Consent Law

Hawaii has a robust implied consent law. By operating a motor vehicle on the state's public ways, streets, roads, highways, or in the waters of the State, you are legally deemed to have given your consent to a chemical test (breath, blood, or urine) to determine your BAC or drug content if a law enforcement officer has probable cause to believe you are operating under the influence and you are lawfully arrested for OVUII.

Refusal to Test: Refusing to submit to a chemical test after a lawful arrest for OVUII in Hawaii carries immediate and severe administrative penalties from the Administrative Driver's License Revocation Office (ADLRO), separate from any criminal prosecution. Your refusal can also be used as evidence against you in court.

First refusal (within 5 years): Automatic 2-year driver's license revocation.
Second refusal (within 5 years): Automatic 3-year driver's license revocation.
Third or subsequent refusal (within 5 years): Automatic 4-year driver's license revocation.

These administrative penalties are imposed by the ADLRO regardless of the outcome of your criminal OVUII case. You typically have a short period to request an administrative hearing to challenge the revocation.

Hawaii OVUII Statistics

Impaired driving remains a serious public safety concern in Hawaii. According to the Hawaii Police Department's annual DUI statistics for 2023, there were 955 DUI arrests on Hawaii Island, a slight decrease of 2.5% compared to 2022 (979 arrests). However, the number of drivers arrested for DUI who were involved in traffic accidents increased by 18.1% in 2023 (254 incidents) compared to 2022 (215 incidents). Fatal crashes on Hawaii Island decreased by 54.8% in 2023 (14 fatal crashes resulting in 15 fatalities) compared to 2022 (31 fatal crashes resulting in 33 fatalities). While specific statewide 2024 data is still being compiled, these numbers underscore the persistent challenge of impaired driving in Hawaii.

Penalties for OVUII in Hawaii

Hawaii's OVUII penalties are substantial and become significantly more severe with each subsequent conviction. Hawaii uses a 10-year look-back period for determining repeat offenses.

First Offense OVUII (Misdemeanor)

For a first-time OVUII conviction in Hawaii (no prior convictions within the last 10 years):

Jail Time: Mandatory minimum of 48 hours to 5 days imprisonment, or 72 hours of community service work. (The court may impose a combination).
Fines: Between $250 and $1,000.
License Revocation: Mandatory 1-year driver's license revocation by the ADLRO.
Ignition Interlock Device (IID): Mandatory installation of an IID on all vehicles operated by the person during the license revocation period. An "ignition interlock permit" may be issued for restricted driving.
Substance Abuse Treatment: Mandatory participation in a 14-hour minimum alcohol abuse rehabilitation program (driver education and substance abuse assessment/counseling).
Surcharges: $25 surcharge to the neurotrauma special fund, and potentially up to $50 for the trauma system special fund.

Repeat Offenses (Within 10-year look-back)

Second Offense OVUII (Misdemeanor): (Second conviction within 10 years of a prior conviction)
- Jail Time: Mandatory minimum of 5 days (at least 48 hours consecutive) up to 30 days imprisonment, or no less than 240 hours of community service work.
- Fines: Between $1,000 and $3,000.
- License Revocation: Mandatory 2 to 3-year driver's license revocation (determined by the ADLRO, based on prior revocations).
- Ignition Interlock Device (IID): Mandatory installation of an IID during the revocation period.
- Substance Abuse Treatment: Mandatory substance abuse assessment and treatment.
- Surcharges: $25 neurotrauma special fund surcharge, and potentially up to $50 for the trauma system special fund.
Third or Subsequent Offense OVUII (Class C Felony): (Third or subsequent conviction within 10 years of two prior convictions)
- Prison Time: Mandatory minimum of 10 days up to 5 years imprisonment or 5 years probation.
- Fines: Between $2,000 and $5,000.
- License Revocation: Mandatory 3 to 5-year driver's license revocation (determined by ADLRO). In some cases, a permanent revocation is possible.
- Ignition Interlock Device (IID): Mandatory installation of an IID during the revocation period.
- Substance Abuse Treatment: Mandatory substance abuse assessment and treatment.
- Continuous Alcohol Monitoring (CAM): Possible requirement for continuous alcohol monitoring.
- Vehicle Forfeiture: Vehicle used in the commission of the offense may be subject to forfeiture.
- Felony Criminal Record: A permanent felony conviction with severe lifelong implications.

Aggravating Factors and Enhanced Penalties:

Certain circumstances can significantly enhance OVUII penalties in Hawaii:

Highly Intoxicated Driver (BAC $0.15%$ or higher):
- First Offense: Additional mandatory 48 consecutive hours of imprisonment and an additional 6 months license revocation.
- Second Offense: Additional mandatory 10 consecutive days of imprisonment and an additional 1-year license revocation.
Child Passenger: Operating a vehicle with a passenger younger than 15 years of age in the vehicle carries an additional mandatory fine of $500 and an additional mandatory 48 hours of imprisonment.
Operating After License Suspended/Revoked for OVUII: This is a separate offense with its own penalties, including mandatory jail time (e.g., 3 days for a first offense) and increased fines.
Causing Injury or Death: OVUII offenses that result in serious physical injury or death to another person are charged as separate, severe felonies, such as Negligent Injury in the First Degree or Negligent Homicide in the First Degree. These carry lengthy prison sentences (e.g., up to 10 years for negligent homicide) and substantial fines, in addition to permanent license revocation.

Conclusion

Hawaii's OVUII laws are stringent and impose significant consequences, reflecting the state's aggressive stance against impaired driving. From mandatory jail time and fines for a first offense to lengthy prison sentences, permanent license revocation, and felony convictions for repeat or aggravated offenses, the penalties are designed to deter and punish. Understanding the state's "per se" and "zero tolerance" BAC limits, the strict implied consent law (and the severe penalties for refusal), and the impact of aggravating factors is paramount for every driver in Hawaii. For anyone facing an OVUII charge in the Aloha State, immediate consultation with an experienced Hawaii DUI defense attorney is strongly advised to navigate the complexities of the legal system and safeguard your rights and future.

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