Hawaii · OVUII · Checked October 2026
Hawaii OVUII Penalties: First, Second and Third Offense
Hawaii OVUII Penalties: What Are the Rules?
Hawaii sets OVUII penalties by offense, and they rise with each conviction.
- First offense jail
- Any one or more of: 72 hours of community service, 48 hours to 5 days in jail, or a $250 to $1,000 fine
- First offense fine
- $250 to $1,000 (one of the sentencing options), plus a $25 neurotrauma surcharge and up to $25 trauma system surcharge if ordered
- First offense license
- Revocation for 1 year to 18 months
- Felony
- OVUII becomes the Class C felony of habitually operating a vehicle under the influence when the person has two or more prior OVUII convictions within 10 years of the new offense, or one or more prior habitual OVUII convictions within 10 years; it is a Class B felony if the driver was also highly intoxicated (.15 or more)
- Lookback period
- 10 years
Hawaii OVUII Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | Class C felony (habitually operating a vehicle under the influence of an intoxicant) | ||
| Jail | any one or more of: 72 hours of community service, 48 hours to 5 days in jail, or a $250 to $1,000 fine | either at least 240 hours of community service or 5 to 30 days in jail (at least 48 hours consecutive) | an indeterminate 5-year prison term, or 5 years of probation that includes at least 10 days in jail (at least 48 hours consecutive) |
| Fine | $250 to $1,000 (one of the sentencing options), plus a $25 neurotrauma surcharge and up to $25 trauma system surcharge if ordered | $1,000 to $3,000, plus a $25 neurotrauma surcharge and up to $50 trauma system surcharge if ordered | $2,000 to $5,000 as a probation condition, plus surcharges |
| License suspension | revocation for 1 year to 18 months | revocation for 2 to 3 years | revocation for 3 to 5 years (probation sentence) |
| Ignition interlock | ignition interlock on all vehicles operated during the revocation period | ignition interlock on all vehicles operated during the revocation period | mandatory ignition interlock on all vehicles operated during the revocation period |
Other First Offense Penalties in Hawaii
- 14-hour minimum substance abuse rehabilitation program
- no probation or suspension of sentence
- substance abuse assessment by a certified counselor, with treatment if the assessment shows abuse or dependence
- may move for early termination of revocation after 6 months of interlock use plus 3 months without violation
Other Second Offense Penalties in Hawaii
- applies to an offense within 10 years of a prior conviction
- substance abuse program of at least 36 hours
- no probation or suspension of sentence
Other Third Offense Penalties in Hawaii
- applies when the person has two or more prior OVUII convictions within 10 years
- vehicle owned and operated by the person is subject to forfeiture
- substance abuse assessment and treatment
When Penalties Are Higher in Hawaii
- 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 months
- 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 years
- driver 18 or older with a passenger younger than 15: additional mandatory $500 fine and 48 hours in jail; revocation of at least 2 years
- 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 forfeiture
When an OVUII Is a Felony in Hawaii
OVUII becomes the Class C felony of habitually operating a vehicle under the influence when the person has two or more prior OVUII convictions within 10 years of the new offense, or one or more prior habitual OVUII convictions within 10 years; it is a Class B felony if the driver was also highly intoxicated (.15 or more)Haw. Rev. Stat. § 291E-61.5(a), (b), (d), (h)
How Far Back Prior Offenses Count in Hawaii
10 years. Repeat-offense penalties apply to an offense within 10 years of a prior conviction; the felony counts priors within 10 years of the new offense. Administrative revocation periods count prior alcohol or drug enforcement contacts in the 10 years before the notice of administrative revocation.Haw. Rev. Stat. § 291E-61(b)(1)-(2); § 291E-61.5(h); § 291E-41(b)
More on OVUII Law in Hawaii
See the full overview of OVUII laws in Hawaii and read about first-offense DUI penalties across the states.
This page summarizes Hawaii law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Hawaii can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First OVUII in Hawaii?
Jail: any one or more of: 72 hours of community service, 48 hours to 5 days in jail, or a $250 to $1,000 fine. Fine: $250 to $1,000 (one of the sentencing options), plus a $25 neurotrauma surcharge and up to $25 trauma system surcharge if ordered. License suspension: revocation for 1 year to 18 months.
What Is the Penalty for a Second OVUII in Hawaii?
Jail: either at least 240 hours of community service or 5 to 30 days in jail (at least 48 hours consecutive). Fine: $1,000 to $3,000, plus a $25 neurotrauma surcharge and up to $50 trauma system surcharge if ordered. License suspension: revocation for 2 to 3 years.
When Is an OVUII a Felony in Hawaii?
OVUII becomes the Class C felony of habitually operating a vehicle under the influence when the person has two or more prior OVUII convictions within 10 years of the new offense, or one or more prior habitual OVUII convictions within 10 years; it is a Class B felony if the driver was also highly intoxicated (.15 or more)