Hawaii DUI Laws

Hawaii places drunk driving under the state per se law. If your blood alcohol level is at or above the legal limit, you will be arrested on a DUI. Hawaii does not need any other proof to convict you for a DUI. The BAC for Hawaii is .08% or higher. A BAC of .15% to 20% is considered extreme DUI. You will face more jail time, more severe fines and driver’s license restrictions. With a BAC of 18% or higher you will be considered to be a “highly intoxicated driver.” In this case, you will receive 6 months in jail and loose your license without any chance of applying for a conditional license. The BAC for commercial drivers, this is anyone hauling merchandise or people, is .04%. Hawaii also has the zero tolerance law in place for all individuals under the age of 21. This means that underage drinkers caught driving with a BAC of more than 0.0% are considered to be driving under the influence of alcohol or drugs. A DUI in Hawaii is classed as a crime. It is a presumed law which operates on the premises that if you are driving a vehicle on Hawaii roads, you have automatically given your consent to be tested for BAC levels in your system. The presumed or implied consent law in Hawaii also applies to water vehicles however; you may choose to decline the chemical test.



Your first offense will result in $150.00 to $1,000.00 in fines plus a $25.00 to $50.00 special trauma fund surcharge. This brings the total expenses to $175.00 to $1,050.00 for the first offense. If there is a child under the age of 15 in the vehicle with you at the time of your arrest, you can add another $500.00 to your fines. In addition, you may serve from 48 hours to 5 days in jail unless a child under 15 was present. In this case you can add an additional 48 hours to your jail time. Your license will be suspended for 90 days immediately but you may be allowed to drive or you may receive a 30 day suspension depending upon court approval. If your BAC is over .15% you will have a mandatory 6 month jail sentence with no driving privileges. On top of this, you will have to serve 72 hours of community service and complete a court ordered substance abuse or education program.

The second DUI offense within 5 years of the first will result in $500.00 to $1,500.00 in fines plus a $50.00 to $75.00 special trauma fund surcharge. This brings the total expenses to $550.00 to $1,575.00 for the second offense. If there is a child under the age of 15 in the vehicle with you at the time of your arrest, you can add another $500.00 to your fines. In addition, you may serve from 5 to 14 days in jail unless a child under 15 was present. In this case you can add an additional 48 hours to your jail time. Your license will be suspended for 1 to 2 years immediately and you will not be allowed to drive. On top of this, you will have to serve 240 hours of community service and complete a 14 hour court ordered substance abuse or education program.

The third DUI offense within 5 years of the previous two offenses will result in $500.00 to $2,500.00 in fines plus a $50.00 special trauma fund surcharge. This brings the total expenses to $550.00 to $2,550.00 for the third offense. If there is a child under the age of 15 in the vehicle with you at the time of your arrest, you can add another $500.00 to your fines. In addition, you may serve from 10 to 30 days in jail unless a child under 15 was present. In this case you can add an additional 48 hours to your jail time. Your license will be suspended for 1 to 5 years immediately and you will not be allowed to drive. You will be required to forfeit your vehicle. On top of this, you will have to serve 240 hours of community service and complete a 14 hour court ordered substance abuse or education program.

Your forth DUI in the state of Hawaii is considered a Class “C” felony and you will be labeled as a “Habitual” offender. You may receive 5 years in jail and be put on probation for 5 years. You will also loose your license for at least 1 year as well as spend 10 days in jail immediately. Substance counseling will be ordered and you will be required to complete a driver’s education program and substance abuse program. Payment for these programs will be your responsibility.