WHAT EACH CHARGE CARRIES
34 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. Hawaii grades crimes as petty misdemeanors, misdemeanors and felonies of class C, B and A, and an offense punishable only by a fine is a violation, which is not a crime. Each level here gives its range from the Penal Code's sentencing sections, and an offense that sets its own sentence gives the term and fine its own statute sets.
34 charges
Operating a vehicle under the influence of an intoxicant
OWN SENTENCE · up to as its own statute sets
Also searched as OVUII, DUI, drunk driving
Operating or assuming actual physical control of a vehicle while impaired by alcohol or a drug, or with .08 or more grams of alcohol per two hundred ten liters of breath or one hundred milliliters of blood.
| Level | Up to | When |
|---|---|---|
| OWN SENTENCEOffense with its own sentence | As its own statute sets$250 to $1,000 fine | WhenA first, or none within ten years of a prior: seventy two hours of community service, forty eight hours to five days in jail, or a fine, and a license revoked one year to eighteen months |
| OWN SENTENCEOffense with its own sentence | As its own statute sets$1,000 to $3,000 fine | WhenWithin ten years of a prior: two hundred forty hours of community service or five to thirty days in jail, and a license revoked two to three years |
Sentenced without probation or suspension. A highly intoxicated driver, at .15 or more, gets more jail and revocation time, and a passenger younger than fifteen adds $500 and forty eight hours.
Habitually operating a vehicle under the influence
C FEL to B FEL · up to an indeterminate term of ten years
Also searched as felony DUI, third DUI
Operating under the influence by someone convicted two or more times within ten years of operating under the influence, or once of the habitual offense.
| Level | Up to | When |
|---|---|---|
| C FELClass C felony | An indeterminate term of five years$2,000 to $5,000 on probation fine | WhenA habitual operator; on probation instead, at least ten days in jail and a revocation of three to five years |
| B FELClass B felony | An indeterminate term of ten years$5,000 to $25,000 on probation fine | WhenA habitual operator who was highly intoxicated; on probation instead, at least eighteen months in jail and permanent revocation |
Any vehicle owned and operated by the person is subject to forfeiture.
Operating a vehicle after license revocation for OVUII
OWN SENTENCE · up to as its own statute sets
Also searched as driving while revoked for DUI
Operating a vehicle in violation of a restriction, while revoked or suspended, without a required ignition interlock, or on an interlock permit without the permit and photo identification, after a revocation for operating under the influence.
| Level | Up to | When |
|---|---|---|
| OWN SENTENCEOffense with its own sentence | As its own statute sets$250 to $1,000 fine | WhenA first, or none within ten years: three consecutive days to thirty days in jail, and one more year of revocation |
| OWN SENTENCEOffense with its own sentence | As its own statute sets$1,000 fine | WhenWithin ten years of a prior: thirty days in jail, and two more years of revocation |
| OWN SENTENCEOffense with its own sentence | As its own statute sets$2,000 fine | WhenWithin ten years of two or more priors: six months to one year in jail, and permanent revocation |
Operating a vehicle after consuming a measurable amount of alcohol, under twenty one
VIOLATION · no jail
Also searched as underage DUI, zero tolerance
Operating any vehicle, while under the age of twenty one, with a measurable amount of alcohol: a test result of .02 or more but less than .08.
| Level | Up to | When |
|---|---|---|
| VIOLATIONViolation | No jail$150 to $500 fine | WhenA first, or none within five years of a prior contact: a one hundred eighty day suspension and an alcohol program |
| VIOLATIONViolation | No jail$300 to $1,000 fine | WhenWithin five years of a prior contact: a one year suspension |
Leaving the scene of a collision
OWN SENTENCE to B FEL · up to an indeterminate term of ten years
Also searched as hit and run
Failing to stop at or return to the scene of a collision and stay until the duties to give information and render assistance are met.
| Level | Up to | When |
|---|---|---|
| OWN SENTENCEOffense with its own sentence | As its own statute setsUp to $250 the first time fine | WhenDamage only, to a vehicle or property someone was driving or attending |
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenThe collision caused bodily injury |
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenThe collision caused substantial bodily injury |
| B FELClass B felony | An indeterminate term of ten years$25,000 fine | WhenThe collision caused death or serious bodily injury |
Reckless driving
OWN SENTENCE · up to as its own statute sets
Also searched as driving recklessly
Operating any vehicle, or riding an animal, recklessly in disregard of the safety of persons or property.
| Level | Up to | When |
|---|---|---|
| OWN SENTENCEOffense with its own sentence | As its own statute setsUp to $1,000 fine | WhenUp to 30 days in jail, a fine, or both |
Excessive speeding
PETTY MISD to MISD · up to three hundred sixty-four days, or one year for a crime of violence
Also searched as 30 over, speeding 80 mph
Driving 30 miles per hour or more over the applicable limit, or 80 miles per hour or more whatever the limit.
| Level | Up to | When |
|---|---|---|
| PETTY MISDPetty misdemeanor | Up to thirty days$500 to $1,000 fine | WhenA first, with none in the five years before |
| PETTY MISDPetty misdemeanor | Up to thirty days$750 to $1,000 fine | WhenWithin five years of a prior one |
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenWithin five years of two prior ones, with at least 30 days in jail |
Sentenced without probation or suspension, with a driver retraining course and surcharges.
Driving without a license
OWN SENTENCE to C FEL · up to an indeterminate term of five years
Also searched as no license, unlicensed driving
Operating a motor vehicle on a highway without a license for that category of vehicle.
| Level | Up to | When |
|---|---|---|
| OWN SENTENCEOffense with its own sentence | As its own statute setsUp to $1,000 fine | WhenA first, or none in the five years before: up to 30 days |
| OWN SENTENCEOffense with its own sentence | As its own statute sets$500 to $1,000 fine | WhenWithin five years of a prior: up to one year |
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenWithin five years of two or more priors |
Driving without motor vehicle insurance
OWN SENTENCE · up to as its own statute sets
Also searched as no insurance, uninsured driving
Operating or using a motor vehicle on a public street without a no fault policy in force.
| Level | Up to | When |
|---|---|---|
| OWN SENTENCEOffense with its own sentence | As its own statute sets$500 fine | WhenA first offense, with a three month suspension or a six month policy |
| OWN SENTENCEOffense with its own sentence | As its own statute setsAt least $2,000 fine | WhenA later offense within five years, with up to 30 days in jail possible |
Resisting arrest
MISD · up to three hundred sixty-four days, or one year for a crime of violence
Also searched as resisting an officer
Intentionally preventing an officer acting under color of authority from effecting an arrest, by threatening or using physical force, or by means creating a substantial risk of injury.
| Level | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenAny resisting arrest |
Resisting an order to stop a motor vehicle
MISD to C FEL · up to an indeterminate term of five years
Also searched as fleeing the police, failure to stop
Intentionally failing to obey a law enforcement officer's direction to stop the vehicle.
| Level | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenThe second degree |
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenThe first degree: fleeing in reckless disregard of others' safety, or of the risk of 30 over the limit or 80 and up |
Obstructing government operations
MISD · up to three hundred sixty-four days, or one year for a crime of violence
Also searched as obstruction, interfering with police
Intentionally obstructing a public servant's governmental function or an officer's law enforcement by using or threatening violence, force, or physical interference.
| Level | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenAny obstruction the section covers |
It does not cover obstructing an arrest, or recording an officer at work in public.
Assault
PETTY MISD to C FEL · up to an indeterminate term of five years
Also searched as assault third degree, assault second degree, fighting
Intentionally, knowingly or recklessly causing bodily injury to another person, or negligently with a dangerous instrument.
| Level | Up to | When |
|---|---|---|
| PETTY MISDPetty misdemeanor | Up to thirty days$1,000 fine | WhenThe third degree, in a fight entered into by mutual consent |
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenThe third degree |
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenThe second degree: substantial or serious bodily injury, a dangerous instrument, or an injured worker or older person the section lists |
Terroristic threatening
MISD to B FEL · up to an indeterminate term of ten years
Also searched as threats, making threats
Threatening, by word or conduct, bodily injury, serious damage to property, or a felony, with intent to terrorize or in reckless disregard of that risk.
| Level | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenThe second degree |
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenThe first degree: repeated threats, a common scheme, a public servant, a dangerous instrument or simulated firearm, or a protected person |
| B FELClass B felony | An indeterminate term of ten years$25,000 fine | WhenThe first degree, with a firearm or simulated firearm in a listed place |
Harassment by stalking
MISD · up to three hundred sixty-four days, or one year for a crime of violence
Also searched as stalking
A course of pursuit, surveillance or nonconsensual contact with another person on more than one occasion without legitimate purpose, intending to harass, annoy or alarm.
| Level | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenAny harassment by stalking |
Disorderly conduct
VIOLATION to PETTY MISD · up to thirty days
Also searched as disturbing the peace
Fighting, unreasonable noise, abusive language likely to provoke violence, or a hazardous condition, intending public inconvenience or alarm or recklessly risking it.
| Level | Up to | When |
|---|---|---|
| VIOLATIONViolation | No jail$1,000 fine | WhenOrdinarily |
| PETTY MISDPetty misdemeanor | Up to thirty days$1,000 fine | WhenIntending substantial harm or serious inconvenience, or persisting after a warning |
Violation of an order for protection
MISD · up to three hundred sixty-four days, or one year for a crime of violence
Also searched as violating a restraining order, TRO violation
Knowingly or intentionally violating an order for protection, or a temporary restraining order the person knows of.
| Level | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$300 to $500 fine | WhenA first conviction, with a mandatory minimum of five days |
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$500 to $1,000 fine | WhenA second or later, with a mandatory minimum of forty five days |
Criminal trespass
VIOLATION to MISD · up to three hundred sixty-four days, or one year for a crime of violence
Also searched as trespassing
Knowingly entering or remaining unlawfully in or upon premises, with fences, warnings, signs and dwellings raising the degree.
| Level | Up to | When |
|---|---|---|
| VIOLATIONViolation | No jail$1,000 fine | WhenSimple trespass |
| PETTY MISDPetty misdemeanor | Up to thirty days$1,000 fine | WhenThe second degree: fenced premises, commercial premises after a written warning, posted land |
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenThe first degree: a dwelling, a hotel or apartment building, or a school after a warning |
Burglary
C FEL to B FEL · up to an indeterminate term of ten years
Also searched as breaking and entering
Intentionally entering or remaining unlawfully in a building with intent to commit a crime there against a person or property rights.
| Level | Up to | When |
|---|---|---|
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenThe second degree |
| B FELClass B felony | An indeterminate term of ten years$25,000 fine | WhenThe first degree: armed, injuring someone, or in someone's home |
Theft
PETTY MISD to B FEL · up to an indeterminate term of ten years
Also searched as stealing, larceny
Obtaining or exerting unauthorized control over another's property, or getting it by deception, with intent to deprive the owner of it.
| Level | Up to | When |
|---|---|---|
| PETTY MISDPetty misdemeanor | Up to thirty days$1,000 fine | WhenProperty or services of any value not in excess of $250 |
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenOver $250 |
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenOver $750, from a person, a purse or wallet, or over $250 from someone sixty or older |
| B FELClass B felony | An indeterminate term of ten years$25,000 fine | WhenOver $20,000, a firearm, a motor vehicle, or over $750 from someone sixty or older |
Shoplifting
PETTY MISD to C FEL · up to an indeterminate term of five years
Also searched as retail theft
Concealing or taking a store's goods, altering a price tag, or moving goods between containers, with intent to defraud.
| Level | Up to | When |
|---|---|---|
| PETTY MISDPetty misdemeanor | Up to thirty days$1,000 fine | WhenGraded as theft by value, with a minimum fine of twice the value |
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenGraded as theft by value, with a minimum fine of three times the value |
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenGraded as theft by value, with a minimum fine of four times the value |
After a prior shoplifting conviction, the minimum fine is doubled.
Criminal property damage
PETTY MISD to B FEL · up to an indeterminate term of ten years
Also searched as vandalism
Intentionally or knowingly damaging another's property without consent, by means other than fire.
| Level | Up to | When |
|---|---|---|
| PETTY MISDPetty misdemeanor | Up to thirty days$1,000 fine | WhenAny amount |
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenOver $500 |
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenOver $1,500, or by widely dangerous means |
| B FELClass B felony | An indeterminate term of ten years$25,000 fine | WhenOver $20,000, endangering someone's life, or in a proclaimed emergency area |
Identity theft
C FEL to A FEL · up to an indeterminate term of twenty years
Also searched as using someone's identity
Transmitting another person's personal information, orally, in writing or electronically, with intent to commit a theft or a listed offense.
| Level | Up to | When |
|---|---|---|
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenThe third degree: intending theft in the third or fourth degree |
| B FELClass B felony | An indeterminate term of ten years$25,000 fine | WhenThe second degree: intending theft in the second degree |
| A FELClass A felony | An indeterminate term of twenty years$50,000 fine | WhenThe first degree: intending theft in the first degree or a listed serious offense |
Possessing a dangerous drug in the first degree
C FEL · up to an indeterminate term of five years
Also searched as drug possession, meth possession
Knowingly possessing three to twenty four dosage units of a dangerous drug, 0.5 grams up to 3.53 grams of methamphetamine, heroin, morphine, cocaine or fentanyl, or 2.0 grams up to 6.99 grams of any.
| Level | Up to | When |
|---|---|---|
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenAny amount the section covers |
Promoting a dangerous drug
B FEL to A FEL · up to an indeterminate term of twenty years
Also searched as drug distribution, drug dealing
Knowingly distributing any dangerous drug, or possessing larger amounts the sections set by weight or dosage units.
| Level | Up to | When |
|---|---|---|
| B FELClass B felony | An indeterminate term of ten years$25,000 fine | WhenThe second degree: distributing any amount, or possessing twenty five or more units or one eighth ounce or more |
| A FELClass A felony | An indeterminate term of twenty years$50,000 fine | WhenThe first degree: possessing one ounce or more of the listed drugs, distributing larger amounts or to a minor, or manufacturing |
Promoting a detrimental drug
VIOLATION to C FEL · up to an indeterminate term of five years
Also searched as marijuana possession, weed charge
Knowingly possessing any marijuana or Schedule V substance in any amount, with larger amounts, distribution and sale raising the degree.
| Level | Up to | When |
|---|---|---|
| VIOLATIONViolation | No jail$130 fine | WhenThree grams or less of marijuana |
| PETTY MISDPetty misdemeanor | Up to thirty days$1,000 fine | WhenThe third degree: any amount |
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenThe second degree: one ounce or more, or distributing any amount |
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenThe first degree: one pound or more, twenty five or more plants, or selling any amount |
Drug paraphernalia
VIOLATION to B FEL · up to an indeterminate term of ten years
Also searched as paraphernalia, pipe
Using, or possessing with intent to use, paraphernalia to take a controlled substance unlawfully, or delivering it knowing it will be so used.
| Level | Up to | When |
|---|---|---|
| VIOLATIONViolation | No jailNot more than $500 fine | WhenUsing, possessing or delivering it |
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenAdvertising objects intended as paraphernalia |
| B FELClass B felony | An indeterminate term of ten years$25,000 fine | WhenAn adult delivering it to someone under eighteen and at least three years younger |
Prohibitions involving minors and liquor
PETTY MISD · up to thirty days
Also searched as minor in possession, underage drinking, fake ID
A minor buying or consuming liquor, having it in a public place, beach, park or vehicle, or using false identification to buy it.
| Level | Up to | When |
|---|---|---|
| PETTY MISDPetty misdemeanor | Up to thirty days$1,000 fine | WhenFrom eighteen to twenty one, with a license suspension of at least one hundred and eighty days |
Under eighteen, it goes to family court.
Ownership or possession of a firearm by a prohibited person
MISD to B FEL · up to an indeterminate term of ten years
Also searched as felon in possession
Owning, possessing or controlling a firearm or ammunition while barred by a charge or conviction, a protective order, a treatment history, or federal law.
| Level | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenA person barred by a treatment history, a family court adjudication, a protective order, or age |
| C FELClass C felony | An indeterminate term of five years$10,000 fine | WhenA fugitive, someone barred under federal law, or someone charged with or convicted of a listed offense that is not a felony |
| B FELClass B felony | An indeterminate term of ten years$25,000 fine | WhenA felon |
Carrying or possessing a firearm in a prohibited location
MISD · up to three hundred sixty-four days, or one year for a crime of violence
Also searched as sensitive places, gun free zone
A licensee carrying or possessing a firearm in a listed location, or on another's private property without express authorization.
| Level | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenAny location the sections list, or private property without permission |
Failing the duties while carrying a firearm
PETTY MISD to MISD · up to three hundred sixty-four days, or one year for a crime of violence
Also searched as duty to inform, no license on person
Not carrying the license, ID and registration, not disclosing a firearm when stopped, or carrying while drinking or under the influence.
| Level | Up to | When |
|---|---|---|
| PETTY MISDPetty misdemeanor | Up to thirty days$1,000 fine | WhenFailing to carry the documents or to disclose, or drinking or being under the influence of alcohol |
| MISDMisdemeanor | Up to three hundred sixty-four days, or one year for a crime of violence$2,000 fine | WhenConsuming or being under the influence of a controlled substance |
Place to keep a pistol or revolver
B FEL · up to an indeterminate term of ten years
Also searched as unlawful carry, loaded gun in car
Carrying a firearm outside home or business except unloaded in an enclosed container to a listed place, or a loaded firearm on a public highway, without a license to carry.
| Level | Up to | When |
|---|---|---|
| B FELClass B felony | An indeterminate term of ten years$25,000 fine | WhenA pistol or revolver outside the rules, a loaded rifle or shotgun, or a loaded firearm on a highway |
Failing to store a firearm securely
VIOLATION · no jail
Also searched as safe storage
Storing or leaving a firearm on premises under one's control without a lock or secure place, and not carried on the person.
| Level | Up to | When |
|---|---|---|
| VIOLATIONViolation | No jailNot more than $500 fine | WhenAny unsecured storage |
Smoking where prohibited
VIOLATION · no jail
Also searched as smoking ban
Smoking in an enclosed or partially enclosed public place or workplace, or within twenty feet of its doors, windows and vents.
| Level | Up to | When |
|---|---|---|
| VIOLATIONViolation | No jailNot more than $50 fine | WhenA person smoking |
Every level on this page, for reference
Each range applies unless the statute defining the offense provides otherwise, and many add mandatory terms, minimum fines or surcharges of their own, which the charge notes.
- VIOLATIONViolationNo jail$1,000
- PETTY MISDPetty misdemeanorUp to thirty days$1,000
- OWN SENTENCEOffense with its own sentenceAs its own statute setsAs its own statute sets
- MISDMisdemeanorUp to three hundred sixty-four days, or one year for a crime of violence$2,000
- C FELClass C felonyAn indeterminate term of five years$10,000
- B FELClass B felonyAn indeterminate term of ten years$25,000
- A FELClass A felonyAn indeterminate term of twenty years$50,000
Words on a charging document
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Deadly forceForce used with the intent of causing, or known to create a substantial risk of causing, death or serious bodily harm; firing a gun toward a person is deadly force.
- Expungement orderAn order from the attorney general annulling, canceling and rescinding the record of an arrest that did not end in a conviction for a crime.
- Habitual operatorSomeone convicted two or more times within ten years of operating a vehicle under the influence, or one or more times of the habitual offense.
- Petty misdemeanorThe lowest grade of crime, punishable by up to 30 days in jail.
- Probable causeFacts and circumstances, within an officer's knowledge or from reasonably trustworthy information, enough for a person of reasonable caution to believe a crime has been or is being committed.
- ShopliftingConcealing or taking a store's goods, altering a price tag, or moving goods between containers, with intent to defraud.
- Simple trespassKnowingly entering or remaining unlawfully in or upon premises, a violation.
- Terroristic threateningThreatening, by word or conduct, bodily injury, serious damage to property including pets or livestock, or a felony, with intent to terrorize or in reckless disregard of that risk.
- ViolationAn offense punishable only by a fine, forfeiture or other civil penalty. A violation does not constitute a crime.
About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed Hawaii attorney can tell you what yours is. Current as of October 2026.