Driving While Suspended
HRS 291E-62 — after an impaired driving revocation, jail, a fine and more time off the road, with no probation
No resident or nonresident whose license or privilege to drive in Hawaii has been canceled, suspended or revoked drives on Hawaii highways while it remains so. That general offense carries the same ladder as driving with no license: up to $1,000 or 30 days the first time, $500 to $1,000 or up to a year within five years of a prior conviction, and a class C felony after two.
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.
Where the license was revoked, suspended or restricted for operating a vehicle under the influence of an intoxicant, a separate section applies. It is broken by driving outside the license's restrictions, while it is still revoked, without a required ignition interlock device, or on an ignition interlock permit without the permit and government-issued identification in immediate possession.
| Conviction | Jail | Fine | Revocation |
|---|---|---|---|
| ConvictionA first, or none in the ten years before | JailAt least three consecutive days, up to 30 | Fine$250 to $1,000 | RevocationOne more year |
| ConvictionWithin ten years of a prior one | Jail30 days | Fine$1,000 | RevocationTwo more years |
| ConvictionWithin ten years of two or more prior ones | JailSix months to one year | Fine$2,000 | RevocationPermanent |
- The sentence comes without possibility of probation or suspension of sentence.
- A person also convicted of the impaired driving offense from the same incident serves the jail terms for both, one after the other.
- The added revocation starts when the person is released from jail.
- No one is convicted who produces in court, or proves from records, a valid driver's license held at the time.
The sentencing subsection carries a note that it is to be repealed and reenacted on June 30, 2028, under Act 148 of 2023.
Sources for this section (3)
- HRS 286-132 — Driving while license suspended or revoked
- HRS 286-136 — Penalty
- HRS 291E-62 — Operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant; penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.