DWI/DUI - Drunk Driving Laws And Attorneys In Hawaii
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Hawaii DUI - Drivers License Suspension Laws/Penalties
BAC levels of .08% or greater are considered to be under the influence
Implied Consent (Refusal To Take A Chemical Test)
Persons under the age of 18 who violate this law shall be subject to the
below revocation periods or until they reach 18, whichever
is longer. If a person refuses to submit to a chemical test under the
implied consent law, the registrations of all the vehicles that person
owns must be revoked for the same period of time as for a refusal
licensing action. §291E-41(d) and(e). Special registrations with special
plates may be issued in hardship situations concerning co-owners or
other household members.
First Offense - 1 year license suspension (A restricted conditional
license may be issued after 30 days for employment purposes.
Second Offense (within 5 years) - 2 years drivers license suspension
(mandatory)
Third Offense (within 7 years) - drivers license suspension of 4 years
Fourth or Subsequent Offense (within 10 years) - License will be
suspended for life.
Penalties for DUI Convictions in Hawaii
First Offense -
a) $150 - $1,000 fine
b) Jail time 2-5 days
c) 72 hours community service
d) 14 hours of Alcohol Education required
5) Drivers license revocation of 3 months
Second Offense -
a) Jail time of 5 - 14 days or 240 hours community service
b) Fines between $500 and $1,500
c) Drivers license revocation of 1 year
d) DUI Education School
e) Mandatory Alcohol Evaluation and Treatment
Third Offense -
a) Jail time of 10 - 30 days or 240 hours community service
b) Fines between $500 and $2,500
c) Drivers license suspension for 2 to 5 years
d) DUI Education School
e) Mandatory Alcohol Evaluation and Treatment
Vehicle Impoundment
The registration of all of the vehicles owned by a second or subsequent
DWI offender, must be revoked for the same periods of time as the
license of the offender is revoked. Special registrations with special
plates may be issued in hardship situations concerning co-owners or
other household members. Forfeiture under chapter 712A of the vehicle
for third or subsequent conviction within 5 years, or conviction of
habitually operating a vehicle under the influence of an intoxicant
{provided the department of transportation provides storage for
vehicles} §§291E-33(c), 291E-34(10), 291E-37 (e), 291E-38(1), 291E-
41and 291E-61(b)(3)(E)
Persons Under 21 Years Old
The following sanctions apply to persons under 21 years of age, who
operate a motor vehicle with “a measurable amount of alcohol
concentration.
First offense -
a) Attendance at an alcohol abuse education/counseling program (the
person’s parent or guardian must also attend if the person is under 18)
b) 180 day license suspension or 30-day mandatory suspension with a
150-day restricted driving privileges for employment purposes
c) one or more the following discretionary sanctions: Not more than 36
hrs of community service or a fine of $150 to $500.
Second offense - (within 5 years of a prior alcohol enforcement
contact)
a) 1 year mandatory license suspension
b) any of the following discretionary sanctions: Not
more than 50 hrs of community service or a fine of $300 to $1,000.
Third offense (within 5 years of 2 prior alcohol enforcement contacts) -
a) 2-year mandatory license suspension
b) any of the following discretionary sanctions: Not more than 100 hrs of
community service; or, a fine of $300 to $1,000. §291E-64.
All DUI offenders must be assessed by the driver’s education program
as to alcohol abuse or dependence and the need for treatment.
Miscellaneous Sanctions
Child Endangerment - Offenders 18 years and older who were
operating a motor vehicle with a passenger 15 years old or younger at
the time of the offense are subject to the following additional mandatory
sanctions:
a) A mandatory fine of $500
b) 48 hrs of imprisonment. However, the total imprisonment time
imposed for first, second or third offenses cannot exceed the maximum
term of imprisonment provided for first, second and
subsequent DUI offenses.
Compensation Fund - A person who has been convicted of a criminal
offense must pay the following fees into the State Criminal Injuries
Compensation Fund:
a) Felony offense - $100 – $500
b) Misdemeanor offense - $50
c) Petty misdemeanor offense - $25.
Offenders shall make restitution to the county police dept or other
agency for cost of blood and urine tests. All offenders are charged a
surcharge of $35 for deposit into the Neuro-trauma Special
Fund.
Death/Bodily Injury Related to Motor Vehicle Operation:
1) Serious bodily injury caused by negligent vehicle operation (negligent
injury in the first degree) - Class C felony:
a) Jail - Not more than 5 years (Mandatory jail term of 1 year, 8 months if
the victim is blind, paraplegic, quadriplegic, 50 years or older, 8 years or
younger.
b) Fine - Not to exceed $10,000
2) Substantial bodily injury caused by negligent vehicle operation
(negligent injury in the 2nd degree - misdemeanor:
a) Jail - not more than 1 year
b) Fine - not more than $2,000
3) Death caused by negligent vehicle operation while
DWI (negligent homicide in the first degree, a Class
B felony:
a) Jail - not more than 10 years
b) Fine - not more than $25,000
4) Death caused by negligent vehicle operation (negligent homicide in
the second degree), a Class C felony
a) Jail - not more than 5 years
b) Fine - not more than $20,000
5) Death caused by simple negligence (negligent homicide in the third
degree), misdemeanor
a) Jail: not more than 1 year.
b) Fine - $2,000
The following mandatory imprisonment sanctionsapply when the
person killed is 60 years of age or older, blind, paraplegic, quadriplegic,
or 8 years old or younger:
a) Negligent homicide in the first degree -3 years, 4 months
b) Negligent homicide in the 2d degree - 1 year, 8 months
Commercial DUI In Hawaii
Driving Under Suspension In Hawaii
Find DWI/DUI Lawyers And Attorneys In Hawaii
BAC levels of .08% or greater are considered to be under the influence
Implied Consent (Refusal To Take A Chemical Test)
Persons under the age of 18 who violate this law shall be subject to the
below revocation periods or until they reach 18, whichever
is longer. If a person refuses to submit to a chemical test under the
implied consent law, the registrations of all the vehicles that person
owns must be revoked for the same period of time as for a refusal
licensing action. §291E-41(d) and(e). Special registrations with special
plates may be issued in hardship situations concerning co-owners or
other household members.
First Offense - 1 year license suspension (A restricted conditional
license may be issued after 30 days for employment purposes.
Second Offense (within 5 years) - 2 years drivers license suspension
(mandatory)
Third Offense (within 7 years) - drivers license suspension of 4 years
Fourth or Subsequent Offense (within 10 years) - License will be
suspended for life.
Penalties for DUI Convictions in Hawaii
First Offense -
a) $150 - $1,000 fine
b) Jail time 2-5 days
c) 72 hours community service
d) 14 hours of Alcohol Education required
5) Drivers license revocation of 3 months
Second Offense -
a) Jail time of 5 - 14 days or 240 hours community service
b) Fines between $500 and $1,500
c) Drivers license revocation of 1 year
d) DUI Education School
e) Mandatory Alcohol Evaluation and Treatment
Third Offense -
a) Jail time of 10 - 30 days or 240 hours community service
b) Fines between $500 and $2,500
c) Drivers license suspension for 2 to 5 years
d) DUI Education School
e) Mandatory Alcohol Evaluation and Treatment
Vehicle Impoundment
The registration of all of the vehicles owned by a second or subsequent
DWI offender, must be revoked for the same periods of time as the
license of the offender is revoked. Special registrations with special
plates may be issued in hardship situations concerning co-owners or
other household members. Forfeiture under chapter 712A of the vehicle
for third or subsequent conviction within 5 years, or conviction of
habitually operating a vehicle under the influence of an intoxicant
{provided the department of transportation provides storage for
vehicles} §§291E-33(c), 291E-34(10), 291E-37 (e), 291E-38(1), 291E-
41and 291E-61(b)(3)(E)
Persons Under 21 Years Old
The following sanctions apply to persons under 21 years of age, who
operate a motor vehicle with “a measurable amount of alcohol
concentration.
First offense -
a) Attendance at an alcohol abuse education/counseling program (the
person’s parent or guardian must also attend if the person is under 18)
b) 180 day license suspension or 30-day mandatory suspension with a
150-day restricted driving privileges for employment purposes
c) one or more the following discretionary sanctions: Not more than 36
hrs of community service or a fine of $150 to $500.
Second offense - (within 5 years of a prior alcohol enforcement
contact)
a) 1 year mandatory license suspension
b) any of the following discretionary sanctions: Not
more than 50 hrs of community service or a fine of $300 to $1,000.
Third offense (within 5 years of 2 prior alcohol enforcement contacts) -
a) 2-year mandatory license suspension
b) any of the following discretionary sanctions: Not more than 100 hrs of
community service; or, a fine of $300 to $1,000. §291E-64.
All DUI offenders must be assessed by the driver’s education program
as to alcohol abuse or dependence and the need for treatment.
Miscellaneous Sanctions
Child Endangerment - Offenders 18 years and older who were
operating a motor vehicle with a passenger 15 years old or younger at
the time of the offense are subject to the following additional mandatory
sanctions:
a) A mandatory fine of $500
b) 48 hrs of imprisonment. However, the total imprisonment time
imposed for first, second or third offenses cannot exceed the maximum
term of imprisonment provided for first, second and
subsequent DUI offenses.
Compensation Fund - A person who has been convicted of a criminal
offense must pay the following fees into the State Criminal Injuries
Compensation Fund:
a) Felony offense - $100 – $500
b) Misdemeanor offense - $50
c) Petty misdemeanor offense - $25.
Offenders shall make restitution to the county police dept or other
agency for cost of blood and urine tests. All offenders are charged a
surcharge of $35 for deposit into the Neuro-trauma Special
Fund.
Death/Bodily Injury Related to Motor Vehicle Operation:
1) Serious bodily injury caused by negligent vehicle operation (negligent
injury in the first degree) - Class C felony:
a) Jail - Not more than 5 years (Mandatory jail term of 1 year, 8 months if
the victim is blind, paraplegic, quadriplegic, 50 years or older, 8 years or
younger.
b) Fine - Not to exceed $10,000
2) Substantial bodily injury caused by negligent vehicle operation
(negligent injury in the 2nd degree - misdemeanor:
a) Jail - not more than 1 year
b) Fine - not more than $2,000
3) Death caused by negligent vehicle operation while
DWI (negligent homicide in the first degree, a Class
B felony:
a) Jail - not more than 10 years
b) Fine - not more than $25,000
4) Death caused by negligent vehicle operation (negligent homicide in
the second degree), a Class C felony
a) Jail - not more than 5 years
b) Fine - not more than $20,000
5) Death caused by simple negligence (negligent homicide in the third
degree), misdemeanor
a) Jail: not more than 1 year.
b) Fine - $2,000
The following mandatory imprisonment sanctionsapply when the
person killed is 60 years of age or older, blind, paraplegic, quadriplegic,
or 8 years old or younger:
a) Negligent homicide in the first degree -3 years, 4 months
b) Negligent homicide in the 2d degree - 1 year, 8 months
Commercial DUI In Hawaii
Driving Under Suspension In Hawaii
Find DWI/DUI Lawyers And Attorneys In Hawaii
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