In the state of Hawaii, as in all 50 states, being found operating a vehicle with a blood alcohol concentration, or BAC, of over .08 percent may result in a DUI conviction and associated penalties. A person who is found to have a BAC of .15 percent or higher may face aggravated penalties. Penalties may be also be enhanced if a person is found to be operating a vehicle under the influence with a passenger who is younger than the age of 15. In Hawaii, any minor found operating a vehicle with a BAC of .02 percent or higher is also subject to DUI laws with similar penalties, and commercial drivers in Hawaii are barred from operating a vehicle if they have a blood alcohol content of .04 percent or higher. In some cases, Hawaii DUI penalties may include the installation of an ignition interlock device, or IID. Since 2011, the cost of installation and leasing fee of the device must be paid for the person facing conviction. If a person’s license has been suspended, they may be eligible to receive a temporary permit that allows them to operate a vehicle if an IID is installed.
In Hawaii, the implied consent law mandates that, if you are driving a vehicle, you have given your consent to a chemical analysis if an officer of the law has reasonable cause to believe that you are driving under the influence of drugs or alcohol. This could be a blood, breath or urine analysis, at the discretion of the officer. Refusal to submit to this analysis carries its own penalties, and the penalties must be notified of the penalties for refusal by the officer requesting the test. A first offense is punishable by a mandatory one year suspension of the offender’s license, while second and third convictions within a five year period will result in a two year suspension.
1st DUI Offense
In Hawaii, penalties for a first DUI offense include a mandatory substance abuse program. Mandatory license suspension for a first offense is one year, with possible limited driving privileges to allow the defendant to get to and from work, at the discretion of the court. If a person is found to have been highly intoxicated, an additional six months may be added to the suspension. Jail time may also be sentenced at a judge’s discretion. A 72-hour sentence of mandatory community may also be administered, and fines for a conviction may range from $150 to $1000.
2nd DUI Offense
A second DUI offense may result in a license suspension period that may range from 18 months to two years, and may also be punishable by fines between $500 and $1,500. If a child under the age of 15 was in the vehicle, an additional $500 fine may be sentenced. Penalties may also include jail time between five to 30 days or 240 hours of community service.
Three or more DUI conviction within a five year period may result in a felony conviction. Sentencing for a third offense includes mandatory jail time of no less than 10 days and no more than 30, as well as a license suspension lasting two years. Potential fines for a third offense are between $500 and $2,500.