• Drivers under the age of 21 operating a motor vehicle with blood alcohol content (“BAC”) of 0.02 or higher;
• Drivers of any age operating a motor vehicle with BAC of 0.08 or higher; and
• Drivers operating a commercial vehicle with BAC of 0.04 or higher.

In addition, Hawaii has stricter laws for “Highly Intoxicated Drivers.”  To be considered a “Highly Intoxicated Driver,” the person’s BAC level must be 0.15 or above at the time of the arrest

Penalties for a DUI conviction in Hawaii include, but are not limited to, the following:

First DUI Conviction

• For a first DUI conviction in Hawaii, the offenders will face jail time ranging from 48 hours to 5 days.  If at the time of the arrest a child under the age of 15 was present in the vehicle, the jail time will be increased by an additional 48 hours.  First-time DUI offenders in Hawaii will also face fines ranging from $150 to $1,500 with addition $500 if a child under the age of 15 was present in the vehicle at the time of the arrest.  Driver’s license of first-time offenders will be suspended for 90 days with limited driving privileges for those who can procure court’s approval.  Drivers with BAC above 0.15 will face absolute suspension of their license for 6 months with no limited driving privileges.  First-time DUI offenders in Hawaii will also be required to complete a substance abuse program (at additional costs to the offenders) and 72 hours of community service.

Second DUI Conviction

• For a second DUI conviction in Hawaii, the offenders will face jail time ranging from 5 to 14 days.  If at the time of the arrest a child under the age of 15 was present in the vehicle, the jail time will be increased by an additional 48 hours.  Second-time DUI offenders in Hawaii will also face fines ranging from $500 to $1,500 with addition $500 if a child under the age of 15 was present in the vehicle at the time of the arrest.  Driver’s license of second-time offenders will promptly be suspended for 1 year.  Second-time DUI offenders in Hawaii will also be required to complete a substance abuse program (at additional costs to the offenders) and 240 minimum hours of community service.

Third DUI Conviction

• For a third DUI conviction in Hawaii, the offenders will face jail time ranging from 10 to 30 days.  If at the time of the arrest a child under the age of 15 was present in the vehicle, the jail time will be increased by an additional 48 hours.  Third-time DUI offenders in Hawaii will also face fines ranging from $500 to $2,500 with addition $500 if a child under the age of 15 was present in the vehicle at the time of the arrest.  Driver’s license of third-time offenders will be suspended for 1 to 5 years and the third-time offenders’ vehicle could also be forfeited.  Third-time DUI offenders in Hawaii will also be required to complete a substance abuse program (at additional costs to the offenders) and minimum of 240 hours of community service.

Hawaii DUI Laws Summary

In Hawaii, first time DUI offenders will be required to undergo a minimum of 14 hours in a substance abuse/treatment program, which will include both education and counseling. In addition, first offenders will be subject to a minimum of 48 hours of incarceration with a maximum of five days, 72 hours of community service and a fine ranging from $150.00 to $1,000.00 plus surcharges.

First time offenders can expect to receive a license suspension of 90 days or, at the court’s discretion, a minimum 30 day suspension with a restricted license being granted for the remainder of the 90 day suspension period. This type of temporary license will allow the offender to drive to and from certain places, including work, school, medical appointments and/or treatment programs. Anyone refusing to submit to a blood alcohol content test, on the other hand, will face the possibility of an additional license suspension.

Hawaii offenders may be required to undergo some type of alcohol evaluation and/or treatment program if the court deems it necessary. Any treatment programs ordered will be at the expense of the offender and must generally be completed before driver’s license privileges can, or will, be reinstated.

Youthful offenders, who consist of anyone under the age of 21 with any measurable trace of alcohol in their system, will be subject to possible fines, community service, license suspension and/or court ordered treatment programs. Individuals who are involved in a DUI, which causes personal injury or death, may face felony charges and much harsher penalties.

Upon conviction or an admission of guilt, DUI offenders are commonly faced with problems relating to their insurance company. Immediately being labeled as “high risk” drivers, offenders are often dropped by their insurance company altogether or, at the very least, are required to pay much higher rates than before. In the event that the offender is forced to look for a new insurance provider, he/she may have a difficult time finding a new company who offers high risk policies but, if they do, the rates will likely be extremely high for the amount of coverage granted.

Following a guilty verdict or an admission of the same, the majority of insurance carriers will increase their rates dramatically or, in some cases, may even drop the offender’s coverage altogether. In this scenario, the driver is labeled as “high risk” and may find it difficult to find another insurance company who is willing to accept them on a policy. In the event that another insurance company is found, their rates will likely be very high for the amount of coverage offered solely because of the DUI on the offender’s driving record.