Hawaii DUI Penalties

A Hawaii DUI arrest will initiate two separate cases. The first is a criminal court case, while the second is a Hawaii Administrative Driver’s License Revocation Office (ADLRO) case. Penalties from the first case may result in fines, community service, and limited jail time. However, the penalty from the second case will almost undoubtedly result in the prompt suspension of the offender’s driver’s license, unless they contact the ADLRO immediately following their arrest.

Hawaii DUI law is based off of two main ideas. The first follows the concept that an individual who is driving under the influence of an intoxicant (alcohol, drugs, or both) is considered to be impaired from safely driving a motor vehicle.

The second concept is based off of the Hawaii “per se” law, which states that if an individual is driving with a blood alcohol content (BAC) of .08 percent or higher, he or she is technically intoxicated and not fit to drive.

Out of state visitor

The Hawaii DUI law is such that even if the offender is solely in the state for vacation or military purposes (and they therefore hold an out of state driver’s license), any charges taken against that individual will be reported to their home state, which will promptly result in a suspension or revocation of their driving privileges there.

Penalties for first time offender

The penalties for a first time DWI offender in the state of Hawaii are as follows: A court ordered attendance to a fourteen-hour minimum substance abuse rehabilitation program, a ninety day suspension of their license and driving privileges (though the person might be able to acquire a limited work permit), a fine of no less than $150 but no more than $1,000, a jail sentence of no less than forty-eight hours but nor more than five days, and seventy-two hours of community service work. Finally, the offender will also be charged with a penalty surcharge of $25 to be deposited into the Hawaii neurotrauma special fund.

The state of Hawaii also has a five-year “look back” period, which means that if the offender had a prior conviction for a DWI more than five years before their present offense, the current offense will be treated as a first time DUI. However, if there was a prior DWI conviction within the five-year period, the penalties from both the criminal court case and the ADLRO case will dramatically increase.

However, a skilled Hawaii DUI lawyer can help an offender in avoiding or at least minimizing the extensive penalties for drunk driving in the state of Hawaii. It is recommended that if you are arrested and charged for a DUI in the state of Hawaii, that you contact a DUI defense lawyer immediately.