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Hawaii DUI Laws Penalties And Fines
Hawaii Driving Under the Influence (DUI) Laws
Definition of Intoxication:
Under Hawaii drunk driving law, Hawaii Operating a Vehicle Under the Influence of Intoxicants (DUI) may be proved two different ways:
1. With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances, in an amount sufficient to “impair your normal mental faculties or ability to care for the person and guard against casualty”; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Hawaii drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in Hawaii:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher
- Under 21 Driver – DUI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DUI in Hawaii is to have someone else drive. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had. In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Consequences of a DUI Offense in Hawaii
The penalties for a drunk driving conviction in Hawaii are serious, and they become even more severe with repeat offenses. A DUI conviction in Hawaii remains on your record for five (5) years, for purposes of calculating repeat offense levels. A DUI while driving with a minor passenger also produces more serious punishments.
The arresting officer confiscates a Hawaii DUI arrestee’s driver’s license immediately and issues a 30-day temporary driving permit, pending an administrative suspension hearing. An administrative suspension by the state occurs automatically, and it is separate from any court-ordered suspension resulting from an DUI conviction.
Some drivers accused of Hawaii DUI can apply for a type of Hawaii hardship license called an ignition interlock permit, for business or employment purposes, during the period of their driver’s license revocation for DUI.
If you are granted a hardship license in Hawaii, you must pay to equip your vehicle with an Ignition Interlock Device (a device that takes a breath sample from you and prevents your car from starting, if you have any BAC). Hardship licenses are not available, if you drove drunk on a previously-suspended license.
Work permits for driving work vehicles not equipped with an IID are available only if you can prove that requiring you to drive a work vehicle with an IID would cause you to be terminated from your job.
