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.
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.
| Offense | Program | License | And |
|---|---|---|---|
| OffenseA first, or none within ten years of a prior conviction | ProgramA fourteen hour minimum substance abuse rehabilitation program | LicenseRevoked no less than one year and no more than eighteen months, with an ignition interlock on every vehicle the person operates | AndOne 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 conviction | ProgramA substance abuse program of at least thirty six hours | LicenseRevoked no less than two years and no more than three years, with an ignition interlock | AndTwo 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 |
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.
- 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.
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.
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.
Sources for this section (2)
- HRS 291E-61 — Operating a vehicle under the influence of an intoxicant
- 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.