DUI Laws in Hawaii

SUMMARY OF HAWAII IMPAIRED DRIVING STATUES

COMMON ACRONYM USED TO DESCRIBE DRUNK DRIVING:

• OUI; DUI; Drunk Driving; Driving Under the Influence

PROHIBITED VEHICULAR ACTIVITY:

• To drive or assume actual physical control of a vehicle upon a public way, street, road, or highway or to navigate or otherwise use or assume actual physical control of a vessel underway on or in the waters of the State while under the influence of an intoxicant.

COVERED VEHICLES OR DEVISES:

• Motor vehicle, moped, and vessel

COVERED LOCATIONS:

• Any public way, street, road, or highway

DRINKING-DRIVING OFFENSES:

• I. Operating a vehicle under the influence of an intoxicant (petty misdemeanor) (four methods of proof) (H.R.S. §291E-61(a)):
• A. While under the influence of alcohol, or
• B. While under the influence of any drug enumerated in schedules I through IV of H.R.S Chapter 329 or its metabolites, or
• C. With .08 or more grams of alcohol per 210 liters of breath, o
• D. With .08 or more grams of alcohol per 100 milliliters or cubic centimeters of blood.
• II. Habitually operating a vehicle under the influence of an intoxicant (Class C felony) (H.R.S. §291E-615(a)):
• A. Any of the methods of proof listed above for H.R.S. §291E-61(a) plus the driver has been convicted or adjudicated as a minor in Hawaii three or more times within ten years of the instant offense of operating a vehicle under the influence of alcohol or drugs.
• III. Operating a vehicle after license suspended or revoked for DUI (petty misdemeanor or misdemeanor) (H.R.S. §291E-62(a)):
• A. After having license revoked or suspended for DUI (alcohol or drugs) or administratively revoked for DUI in Hawaii, the person did operate or assume actual physical control of any vehicle:
• (i) in violation of any restrictions placed on the persons license, or
• (ii) while the driver's license remains suspended or revoked.
• IV. Operate any vehicle with a measurable amount of alcohol by person under the age of 21 (violation) (H.R.S. §291E-64(a)):
• A. "Measurable amount of alcohol" means a test result equal to or greater than .02 but less than .08 grams of alcohol per one hundred milliliters or cubic centimeters of blood or equal to or greater than .02 but less than .08 grams of alcohol per two hundred ten liters of breath.

DEGREE OF IMPAIRMENT REQUIRED FOR CONVICTION

• I. For DUI alcohol where no chemical test – Impairment of the driver's normal mental faculties or ability to care for oneself and guard against casualty
• II. For DUI alcohol where there is also evidence of ingestion of legal or illegal drug(s) — where a driver's intoxication is due in any part to alcohol, it is immaterial that the driver may also have been affected by other drugs
• III. For DUI drugs – Impairment of the person's ability to operate a vehicle in careful and prudent manner

PENALTIES FOR CRIMINAL DRINKING-DRIVING OFFENSES:

• I. Operating a vehicle under the influence of an intoxicant (petty misdemeanor) (H.R.S. §291E-61(a))

Offense committed before January 1, 2007

• A. First offense not within five years of a prior conviction:
• (i) 14-hour alcohol rehabilitation program,
• (ii) 90-day license suspension,
• (iii) any one or more of the following: 72 hours of community service, 48-hours to 5-day jail term, $150 to $1000 fine,
• (iv) $25 neurotrauma surcharge, and
• (v) assessment and treatment, if necessary.
• B. For an offense that occurs within five years of a prior conviction:
• (i) 1 year license suspension,
• (ii) either one of the following: 240 hours community service or 5 to 14 days jail term,
• (iii) $500 to 1500 fine,
• (iv) $25 neurotrauma surcharge, and
• (v) assessment and treatment, if necessary.
• C. For an offense that occurs within five years of two prior convictions:
• (i) $500 to $2500 fine,
• (ii) 1 to 5 years license revocation,
• (iii) 10 to 30-days jail term,
• (iv) $25 neurotrauma surcharge,
• (v) forfeiture of vehicle owned and operated by person, and
• (vi) assessment and treatment, if necessary.

Further, any person 18 years of age or older who drives with a passenger under 15, an additional mandatory term of imprisonment of 48 hours, the total jail term not to exceed the statutory maximum.

• II. Habitually operating a vehicle under the influence of an intoxicant (Class C felony) (H.R.S. §291E-61.5)
• (i) An indeterminate term of imprisonment of five years or five years probation and mandatory revocation of license for 1 to 5 years,
• (ii) 10-day jail term,
• (iii) referral to a certified substance abuse counselor,
• (iv) $25 neurotrauma surcharge,
• v) forfeiture of vehicle owned and operated by the person, and
• (vi) assessment and treatment, if necessary.
• III. Operating, etc., after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant (H.R.S. §291E-62)
• A. First offense not within five years of a prior conviction:
• (i) 3 to 30-day jail term,
• (ii) $250 to $1000 fine, and
• (iii) revocation of license for an additional year.
• B. For an offense that occurs within five years of a prior conviction:
• (i) 30-day jail term,
• (ii) $1000 fine, and
• (iii) revocation of license for an additional two years.
• C. For an offense that occurs within five years of two prior convictions:
• (i) 1-year jail term,
• (ii) $2000 fine, and
• (iii) permanent revocation of license.
• IV. Operating , etc., after consuming a measurable amount of alcohol; persons under the age of 21 (H.R.S. §29E-64)
• A. For a first violation not within five years of a prior alcohol enforcement contact:
• (i) 10 hours alcohol abuse education and counseling program,
• (ii) 180-day suspension of license,
• (iii) any one or more of the following: 36 hours of community service, $150 to $500 fine, and
• (iv) assessment and treatment, if necessary.
• B. For a violation of within five years of a prior alcohol enforcement contact or, effective January 1, 2007, for a highly intoxicated driver:
• (i) 1-year suspension of license,
• (ii) any of the following: 50 hours community service, $300 to $1000 fine, and
• (iii) assessment and treatment, if necessary.
• C. For a violation within five years of two prior alcohol enforcement contacts:
• (i) 2-year license revocation,
• (ii) Any of the following: 100 hours of community service, $300 to $1000 fine,
• (iii) undergo assessment and treatment with the costs borne by the person,
• (iv) &nb

www.courts.state.hi.us