OVUII Laws in Hawaii

Hawaii OVUII Laws: Key Facts

Legal limit (adults)

0.08 BACHaw. Rev. Stat. § 291E-61(a) (.08); § 291E-1 ("highly intoxicated driver" .15; "measurable amount of alcohol" .02 to under .08); § 291E-64 (under 21); § 286-240(a)(2) (commercial vehicle .04)

Commercial drivers (CDL)

0.04 BAC

Drivers under 21

0.02 BAC (a measurable amount of alcohol: a test result of .02 or more but less than .08)

Enhanced penalties from

0.15 BAC

Lookback period

10 years

Sobriety checkpoints

Allowed

Hawaii OVUII Penalties by Offense

First offense: Haw. Rev. Stat. § 291E-61(b)(1), (b)(6), (h) · Second offense: Haw. Rev. Stat. § 291E-61(b)(2) · Third offense: Haw. Rev. Stat. § 291E-61.5(b), (c), (h)

When Penalties Are Higher

• highly intoxicated driver (BAC .15 or higher), first offense: additional mandatory 48 consecutive hours in jail and an additional 6 months of revocation; revocation of at least 18 monthsHaw. Rev. Stat. § 291E-61(b)(4)
• highly intoxicated driver (BAC .15 or higher), offense within 10 years of a prior conviction: additional mandatory 10 consecutive days in jail and an additional 1 year of revocation; revocation of at least 3 yearsHaw. Rev. Stat. § 291E-61(b)(5)
• driver 18 or older with a passenger younger than 15: additional mandatory $500 fine and 48 hours in jail; revocation of at least 2 yearsHaw. Rev. Stat. § 291E-61(b)(3)
• habitual OVUII while a highly intoxicated driver (BAC .15 or higher): Class B felony: an indeterminate 10-year prison term, or 5 years of probation with at least 18 months in jail, a $5,000 to $25,000 fine and permanent license revocation; vehicle subject to forfeitureHaw. Rev. Stat. § 291E-61.5(d)

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If You Refuse a Breath or Blood Test

Administrative license revocation of 2 years (no prior alcohol or drug enforcement contact in 10 years), 4 years (one prior) or 8 years (two or more priors). For a driver under 21 arrested for a measurable amount of alcohol, a district judge suspends the license for 12 months on a first refusal and 2 to 5 years for a later refusal.Haw. Rev. Stat. § 291E-11; § 291E-41(c); § 291E-65(c)

Official source: if you refuse a breath or blood test in Hawaii

Getting a Ignition Interlock Permit; Employee Driver's Permit

During revocation, ADLRO or the court issues an ignition interlock permit once you show an approved interlock is installed in any vehicle you drive and you have qualifying motor vehicle insurance. A separate permit lets you drive your employer's vehicle without an interlock if your job requires driving and your employer will discharge you otherwise, limited to specified work hours of no more than 12 hours per day. Not available if your license was already expired, suspended or revoked for another reason, you held no valid license at arrest, or you hold only a learner's or instruction permit.

Official source: getting a ignition interlock permit; employee driver's permit in Hawaii

Ignition Interlock

First offense: Ignition interlock on all vehicles operated during the 1-year to 18-month revocation period Repeat offenses: Ignition interlock on all vehicles operated during the revocation period (2 to 3 years for a second offense in 10 years; 3 to 5 years for habitual OVUII on probation) An interlock is needed only if you want to drive during revocation. If you have no vehicle you can equip or cannot drive, you are barred from driving and receive the maximum revocation period. You must also carry the permit and government-issued photo identification while driving. Installation and maintenance are at your expense.

Official source: ignition interlock in Hawaii

Can an OVUII Come Off Your Record?

A person convicted of a first-time under-21 measurable-alcohol violation with no prior alcohol enforcement contacts may apply to the court for an expungement order Waiting period: upon reaching age 21 or later, after completing the sentence with no later alcohol or drug enforcement contacts Not available to holders of a commercial learner's permit or commercial driver's license, or for a violation in a commercial motor vehicle or while transporting hazardous materials

Official source: can an ovuii come off your record? in Hawaii

DUI Checkpoints

Sobriety checkpoints are allowed in Hawaii. Legal basis: Statute: county police departments may run intoxicant control roadblock programs under minimum statutory standards.Haw. Rev. Stat. §§ 291E-19, 291E-20

Official source: dui checkpoints in Hawaii

Drivers Under 21

Drivers under 21 may not operate a vehicle with a measurable amount of alcohol (.02 or more but less than .08); the offense is a violation First (none in 5 years): alcohol education and counseling of up to 10 hours and a 180-day license suspension (or, if 18 or older, at least 30 days with no driving then work-limited driving), plus up to 36 hours of community service or a $150 to $500 fine. Within 5 years of a prior: 1-year suspension plus up to 50 hours of community service or a $300 to $1,000 fine. Within 5 years of two priors: 2-year revocation plus up to 100 hours of community service or a $300 to $1,000 fine.

Official source: drivers under 21 in Hawaii

Driving After Using Drugs

Yes. OVUII covers operating while under the influence of any drug that impairs the ability to drive carefully and prudently; "drug" includes Schedule I to IV controlled substances, their metabolites, and any substance that can impair safe driving

Official source: driving after using drugs in Hawaii

More on OVUII Law in Hawaii

• Hawaii OVUII Penalties: First, Second and Third Offense
• OVUII License Suspension in Hawaii: Hearing Deadline and Hardship License
• SR-22 Insurance After an OVUII in Hawaii
• Ignition Interlock Rules in Hawaii
• Can an OVUII Be Expunged in Hawaii?
• Refusing a Breath or Blood Test in Hawaii

Frequently Asked Questions