Skip to contentSkip to Search and the menu

DUI Penalties

HRS 291E-61 — a first offense is a license revoked one year to eighteen months, an ignition interlock, and community service, jail or a fine

Hawaii calls the offense operating a vehicle under the influence of an intoxicant. It is committed by operating or assuming actual physical control of a vehicle while under the influence of alcohol in an amount sufficient to impair normal mental faculties or the ability to care for oneself and guard against casualty; while under the influence of any drug that impairs the ability to operate the vehicle in a careful and prudent manner; or with .08 or more grams of alcohol per two hundred ten liters of breath, or per one hundred milliliters of blood.

  • HRS 291E-61
Email

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.

OffenseProgramLicenseAnd
OffenseA first, or none within ten years of a prior convictionProgramA fourteen hour minimum substance abuse rehabilitation programLicenseRevoked no less than one year and no more than eighteen months, with an ignition interlock on every vehicle the person operatesAndOne or more of seventy two hours of community service, forty eight hours to five days in jail, or a fine of $250 to $1,000; and a $25 surcharge
OffenseWithin ten years of a prior convictionProgramA substance abuse program of at least thirty six hoursLicenseRevoked no less than two years and no more than three years, with an ignition interlockAndTwo hundred forty hours of community service, or five to thirty days in jail with at least forty eight hours served consecutively; a fine of $1,000 to $3,000; and a $25 surcharge
  • HRS 291E-61

The sentence is imposed without possibility of probation or suspension of sentence. The court may also order a surcharge of up to $25 on a first offense, or up to $50 on a later one, for the trauma system special fund.

  • HRS 291E-61
  • A highly intoxicated driver is one with .15 or more grams of alcohol per one hundred milliliters of blood, or per two hundred ten liters of breath.
  • On a first offense, a highly intoxicated driver gets an additional forty eight consecutive hours in jail and six months more of revocation, and the revocation is no less than eighteen months.
  • Within ten years of a prior conviction, a highly intoxicated driver gets an additional ten consecutive days in jail and one year more of revocation, and the revocation is no less than three years.
  • HRS 291E-1
  • HRS 291E-61

A prior conviction includes a comparable conviction in any other state or federal jurisdiction, and a minor's adjudication for what would be this offense in an adult. A plea of guilty or nolo contendere counts, unless it was expunged by pardon, reversed, or set aside.

  • HRS 291E-61

The court also refers the person for an assessment by a certified substance abuse counselor, and orders treatment where the assessment establishes substance abuse or dependence. The person pays for both.

  • HRS 291E-61
Sources for this section (2)
  1. HRS 291E-61 — Operating a vehicle under the influence of an intoxicant
  2. HRS 291E-1 — Definitions

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.

From here