Hawaii OVUII Laws & Penalties
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Hawaii's offense is 'operating a vehicle under the influence of an intoxicant' (OVUII) — pages should use OVUII with DUI in parentheses for search intent.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: 10 years. 10-year window; 2 priors within 10 = habitual OVUII, Class C felony (§ 291E-61.5).
- Primary statute: HRS § 291E-61; habitual (felony) § 291E-61.5
'Highly intoxicated' at 0.15+ adds mandatory jail days and extra revocation time.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | petty misdemeanor-equivalent (traffic crime) | none (courts may impose 48 hours–5 days) – 5 days; mandatory min none unless highly intoxicated | $250–$1,000 (plus surcharges/fees) | 1-year revocation – 18 months; hardship: IID permit during revocation | Required |
| Second offense | traffic crime (within 10 years) | 5 days – 30 days; mandatory min 5 days (or 240 hrs community service); +10 days if highly intoxicated | $1,000–$3,000 | 2-year revocation – 3 years; hardship: IID on all operated vehicles during revocation | Required |
| Third offense | habitual OVUII — Class C felony (§ 291E-61.5) | 10 days (if probation) up to 5 years imprisonment – 5 years; mandatory min conditions per sentencing | $2,000–$5,000 | 3-year revocation – 5 years; hardship: IID path narrow | Required |
First offense
- Classification: petty misdemeanor-equivalent (traffic crime)
- Jail: none (courts may impose 48 hours–5 days) – 5 days; mandatory min none unless highly intoxicated
- Fine: $250–$1,000 (plus surcharges/fees)
- License suspension: 1-year revocation – 18 months; hardship: IID permit during revocation
- Alternative disposition: 14-hour minimum substance-abuse rehabilitation program mandatory; no charge-dismissal diversion.
- Interlock: IID permit is the standard driving path during the 1-year+ revocation.
- Alternatives: 72 hours community service in lieu of jail elements.
Second offense
- Classification: traffic crime (within 10 years)
- Jail: 5 days – 30 days; mandatory min 5 days (or 240 hrs community service); +10 days if highly intoxicated
- Fine: $1,000–$3,000
- License suspension: 2-year revocation – 3 years; hardship: IID on all operated vehicles during revocation
- 36-hour substance abuse program minimum.
Third offense
- Classification: habitual OVUII — Class C felony (§ 291E-61.5)
- Jail: 10 days (if probation) up to 5 years imprisonment – 5 years; mandatory min conditions per sentencing
- Fine: $2,000–$5,000
- License suspension: 3-year revocation – 5 years; hardship: IID path narrow
- Vehicle forfeiture possible.
Refusing a chemical test (implied consent)
Administrative revocation through ADLRO: refusal roughly doubles the revocation vs a failed test (2 years vs 1 for first offense); refusal itself can also be charged (§ 291E-68 petty misdemeanor) — verify current status at page QC.
Statute: HRS §§ 291E-11, 291E-41 (ADLRO)
Ignition interlock
Hawaii runs revocation + IID-permit rather than suspension: most offenders may drive only IID-equipped vehicles during revocation; mandatory on all operated vehicles for repeats.
Statute: HRS ch. 291E part III
Frequently asked questions
What is the penalty for a first OVUII in Hawaii?
A first OVUII in Hawaii is a petty misdemeanor-equivalent (traffic crime). Jail: none (courts may impose 48 hours–5 days) – 5 days; mandatory min none unless highly intoxicated. Fine: $250–$1,000 (plus surcharges/fees). License suspension: 1-year revocation – 18 months; hardship: IID permit during revocation.
What is the legal BAC limit in Hawaii?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Hawaii look back at prior OVUII offenses?
10 years. 10-year window; 2 priors within 10 = habitual OVUII, Class C felony (§ 291E-61.5).