Hawaii DUI Penalties and Law

Hawaii DUI law and penalties

Each State within the United States is given the authority to write their own laws on Driving Under the Influence, or better known as DUI. Within this article, we will explore the different DUI laws within the State of Hawaii, and their penalties. To begin with, there is what is known as a five year "Lookback Period", meaning that all prior DUI's become relevant to the sentencing you are now facing with your current DUI. This is also known as a "washout" period. 

What constitutes a high BAC for a DUI in Hawaii?

  • Under 21: .02%
  • 21 or Older: .08%
  • Commercial: .04%

There is never an acceptable time to drink and drive, as your vision, reasoning, along with your mental capacity to make quick and important decisions and judgments are severely hindered and are not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different, and their tolerance level of alcohol is severely unpredictable, making it impossible to say how many drinks are "normal" or not. This is what requires law enforcement to perform chemical testing on suspecting DUI offenders. If you are pulled over and are requested to take a chemical test to determine your BAC, or Blood Alcohol Content, Hawaii has an implied consent law. This means, that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take the chemical test, the penalties are as follows:

  • First Offense: 1 year license suspension
  • Second Offense: 2 year license suspension
  • Third Offense: 4 years license suspension

What are the penalties within the Hawaii DUI laws?

There are several penalties within the Hawaii DUI laws, and we will explore these in this section. Should you be pulled over and found guilty of Driving Under the Influence of alcohol within the boarders of the State of Hawaii, the following are the consequences you will be facing:

Penalty of Jail

  • First Offense: none
  • Second Offense: 5 to 14 days
  • Third Offense: 10 to 30 days

Penalty of License Suspension

  • First Offense: 90 days
  • Second Offense: 1 year
  • Third Offense: 1 to 5 years

Penalties and Fines

  • First Offense: $150 to $1,000
  • Second Offense: $500 to $1,500
  • Third Offense: $500 to $2,500

Penalty of Ignition Interlock Device

None of the offenses carry any measure of a forced or required Igniton Interlock Device, or an IID. 


It is important to note that laws change, as well as their interpretion and application of them. Due to the fact that there are multiple jurisdicitons within a State and each may choose to enforce the laws in different ways, it is important to prepare for the unecpected. For this reason, it would be in your best interest to retain the services of a professional and expreienced lawyer who is well versed in Hawaii DUI laws and is capable of giving you the direction you need for your specific case, along with being fully aware of the current laws pertaining to DUI. 

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