HAWAII DUI/ DWI

 

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death! There is no simple way to handle a DUI & DWI in Hawaii, so read more to learn about the steps you can take to get back on the road!

 

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

HAWAII DUI/ DWI REGULATIONS


 

In Hawaii, the Blood Alcohol Content (BAC) limit is set at:

 

0.08% – for drivers over 21 years of age

0.04% – for commercial drivers (CDL)

0.02% – for drivers under 21 years of age

 

Having a license in the state of Hawaii automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked.

 

If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

 

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

HAWAII DUI/ DWI PENALTIES

 

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old

1st Offense

  • Imprisonment of 2 to 5 days.
  • A fine of $150 to $1,000.
  • Your license will be suspended for at least 90 days and up to 1 year.
  • You have to pay an additional $25 towards a neuro-trauma special fund.
  • You may have to do 72 hours of community service.
  • You are required to undergo a minimum of 14 hours substance abuse rehab program.
  • You may be eligible to drive using a conditional license after 30 days of suspension, provided you meet certain requirements. Contact the local driver license office for more information.
  • If your BAC is over 0.15% you are treated as a highly intoxicated driver and your license is suspended for a minimum of 6 months. You are also not eligible for conditional licenses.

2nd Offense

(within 5 years)

  • Imprisonment of 5 to 14 days.
  • A fine of $500 to $1,500.
  • Your license will be revoked for a minimum of 1 year and up to 2 years.
  • You have to pay an additional $25 towards a neuro-trauma special fund.
  • You may have to do 240 hours of community service.
  • You are required to undergo a minimum of 14 hours substance abuse rehab program.
  • You may be eligible to apply for a conditional license provided you meet certain requirements. Contact the local driver license office for more information.

3rd Offense

(within 5 years)

  • Imprisonment of 10 to 30 days.
  • A fine of $500 to $2,500.
  • Your license will be revoked for 2 to 4 years.
  • Your vehicle may be impounded.
  • You have to pay an additional $25 towards a neuro-trauma special fund.
  • You may be eligible to apply for a conditional license provided you meet certain requirements. Contact the local driver license office for more information.

4th Offense

(within 10 years) “habitual offender”

  • Is treated as a Class C Felony.
  • Imprisonment for up to 5 years.
  • May result in a lifetime revocation of your driver license;
  • Or 5 years of probation with a mandatory 1 to 5 years revocation of license and a minimum of 10 days of imprisonment.
  • There will also be a referral to a substance abuse counselor.

If you are under 21 years old:

 

  • Your license may be suspended or revoked for 180 days if your BAC is higher than 0.02% as per the “Zero Tolerance” law.
  • You will be required to attend an Alcohol Abuse Counseling program for at least 10 hours.
  • You may have to do a minimum of 36 hours of community service.
  • Pay a fine of $150 to $500.
  • Aside from these actions, penalties mentioned above for drivers over 21 may also apply to minors if they are convicted of DUI/DWI.

HAWAII PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)


  • You will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. If your BAC is less than 0.04% but there is a detectable amount of alcohol in your system, you will be put “out-of-service” for 24 hours by the arresting officer.
  • You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
  • 
Aside from these actions, penalties mentioned above for drivers over 21 may also apply to commercial drivers for their 1st and 2nd offenses of DUI/DWI. The other penalties do not apply since they are barred after the 2nd offense.

HAWAII ADMINISTRATIVE ACTIONS AGAINST DUI/DWI


The immediate consequence if a test shows that your blood alcohol level is beyond the permissible limits is the revocation of your license. This is purely an administrative action and quite apart from any criminal charges and penalties that the courts decide. You will be given a 30-day temporary driving permit and you may request a hearing. It is a good idea to consult a DUI/DWI lawyer before you request an administrative hearing.

HAWAII LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION


If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the local driver license office, once the period of suspension or revocation is over. Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked. You may be required to submit an SR-22 certificate from your insurer towards proof of financial responsibility before your license can be reinstated. For more information on reinstatement requirements and where to submit the application contact your local driver license office.