A Repeat DUI as a Felony
HRS 291E-61.5 — two convictions within ten years make the next one a class C felony
A habitual operator is someone convicted two or more times within ten years of operating a vehicle under the influence, or one or more times of the habitual offense. Driving under the influence again is then a class C felony.
Who handles this in Hawaii: Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.
| Sentence | On probation instead | |
|---|---|---|
| Habitual | SentenceAn indeterminate term of five years | On probation insteadFive years of probation, with a revocation of three to five years and an interlock, at least ten days in jail with forty eight hours consecutive, and a fine of $2,000 to $5,000 |
| Habitual and highly intoxicated, a class B felony | SentenceAn indeterminate term of ten years | On probation insteadFive years of probation, with permanent revocation, at least eighteen months in jail, and a fine of $5,000 to $25,000 |
The vehicle can be forfeited. Any vehicle owned and operated by the person is subject to forfeiture.
Sources for this section (1)
- HRS 291E-61.5 — Habitually operating a vehicle under the influence of an intoxicant
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.