DUI Laws in Hawaii
The legal BAC limit in Hawaii, first-offense DUI penalties, what happens if you refuse a test, and how long a DUI counts.
Short answer: 0.08 grams per 100 mL of blood or per 210 liters of breath. Drivers under 21 may not drive with any measurable amount of alcohol. Haw. Rev. Stat. §§ 291E-61(a), 291E-64(a)
| Legal BAC limit | 0.08 grams per 100 mL of blood or per 210 liters of breath. Drivers under 21 may not drive with any measurable amount of alcohol. The commercial-driver limit was not confirmed from a statute page read for this record. |
|---|---|
| First-offense DUI penalties | For a first OVUII offense (none in the prior ten years), sentencing is without probation or suspension of sentence and includes a 14-hour minimum substance abuse rehabilitation program; license revocation of 1 year to 18 months; an ignition interlock device on all vehicles operated during revocation; one or more of 72 hours of community service, 48 hours to 5 days in jail, or a $250 to $1,000 fine; and surcharges. Administratively, a driver with no prior alcohol or drug enforcement contact in ten years receives a 1-year revocation with an ignition interlock. |
| When a DUI is a felony | 'Habitually operating a vehicle under the influence of an intoxicant' is a class C felony. It applies when a person drives under the influence (or with a .08 or higher alcohol level) after having been convicted two or more times of OVUII within the 10 years before the new offense, or once of the habitual offense within 10 years. The sentence is either an indeterminate 5-year prison term or 5 years of probation that includes a 3- to 5-year license revocation with ignition interlock, at least 10 days in jail and a $2,000 to $5,000 fine. Convictions that have been expunged by pardon, reversed or set aside do not count. Having a passenger under 15 adds a mandatory $500 fine and 48 hours in jail to an OVUII sentence (§ 291E-61) but does not by itself make the offense a felony. Parts of § 291E-61.5 are scheduled to be repealed and reenacted on June 30, 2028. Source: Haw. Rev. Stat. § 291E-61.5 |
| Refusing a breath test | If a person refuses a breath, blood or urine test after being informed of the right to refuse and the sanctions, the administrative revocation is 2 years (no prior alcohol or drug enforcement contact in ten years), 4 years (one prior) or 8 years (two or more priors). Source: Haw. Rev. Stat. § 291E-41(c) |
| DUI lookback period | 10 years. Repeat-offense criminal penalties apply to an offense within ten years of a prior OVUII conviction, and administrative revocation periods count prior alcohol or drug enforcement contacts in the preceding ten years. |
| Hardship or restricted license | During an OVUII revocation, the driver must keep an ignition interlock in all vehicles operated, which allows continued driving under an ignition interlock permit. A court may also issue a separate permit to drive an employer-owned vehicle without an interlock if the job requires driving and the driver would otherwise be fired, supported by sworn statements from the driver and employer. For excessive speeding, the court may allow limited work-related driving for part of the 30-day suspension. |
Where to get help in Hawaii
More Hawaii traffic tickets & dui
- Reinstating a Driver's License in Hawaii
- How Driver Points Work in Hawaii
- Paying or Contesting a Traffic Ticket in Hawaii
- All Hawaii traffic tickets & dui rules
FAQ
What is the legal blood alcohol limit in Hawaii?
0.08 grams per 100 mL of blood or per 210 liters of breath. Drivers under 21 may not drive with any measurable amount of alcohol.
What is the penalty for a first DUI in Hawaii?
For a first OVUII offense (none in the prior ten years), sentencing is without probation or suspension of sentence and includes a 14-hour minimum substance abuse rehabilitation program; license revocation of 1 year to 18 months; an ignition interlock device on all vehicles operated during revocation; one or more of 72 hours of community service, 48 hours to 5 days in jail, or a $250 to $1,000 fine; and surcharges. Administratively, a driver with no prior alcohol or drug enforcement contact in ten years receives a 1-year revocation with an ignition interlock.
Is a DUI a felony in Hawaii?
'Habitually operating a vehicle under the influence of an intoxicant' is a class C felony. It applies when a person drives under the influence (or with a .08 or higher alcohol level) after having been convicted two or more times of OVUII within the 10 years before the new offense, or once of the habitual offense within 10 years. The sentence is either an indeterminate 5-year prison term or 5 years of probation that includes a 3- to 5-year license revocation with ignition interlock, at least 10 days in jail and a $2,000 to $5,000 fine. Convictions that have been expunged by pardon, reversed or set aside do not count.
What happens if you refuse a breathalyzer in Hawaii?
If a person refuses a breath, blood or urine test after being informed of the right to refuse and the sanctions, the administrative revocation is 2 years (no prior alcohol or drug enforcement contact in ten years), 4 years (one prior) or 8 years (two or more priors).
How long does a DUI count as a prior offense in Hawaii?
10 years. Repeat-offense criminal penalties apply to an offense within ten years of a prior OVUII conviction, and administrative revocation periods count prior alcohol or drug enforcement contacts in the preceding ten years.
Can you get a hardship license in Hawaii?
During an OVUII revocation, the driver must keep an ignition interlock in all vehicles operated, which allows continued driving under an ignition interlock permit. A court may also issue a separate permit to drive an employer-owned vehicle without an interlock if the job requires driving and the driver would otherwise be fired, supported by sworn statements from the driver and employer. For excessive speeding, the court may allow limited work-related driving for part of the 30-day suspension.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.