The whole Hawaii guide

A licensed driver has a valid driver's license in immediate possession at all times while operating a motor vehicle, along with a valid insurance identification card for the vehicle, and displays both on demand of a law enforcement officer. An officer stopping or inspecting a vehicle for any reason demands that the driver or owner display the license and the insurance card.

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On demand, the driver or owner may display a mobile driver's license, where the officer has the device capability to verify it, or an electronic insurance identification card, on a mobile electronic device.
An officer shown either one on a device may view only the license or the card, and is otherwise prohibited from viewing any other content on the device.
A person who presents a device under the section assumes all liability for any damage to it.

HRS 286-116

No one charged under the section is convicted if they produce in court, or prove from official records, that they held a driver's license and an insurance identification card and policy that were valid at the time of the arrest.

HRS 286-116

Where an officer finds a vehicle being driven by a driver without the insurance identification card, the officer issues a citation with the earliest possible date for a court appearance, in every instance.

HRS 286-116

The Fourth Amendment sets limits on every stop, and the Supreme Court of the United States has drawn several of them. It has held that a stop is reasonable where the officer has probable cause to believe a traffic violation occurred, whatever the officer's actual motive; that an officer making a lawful stop may order the driver, and the passengers, out of the vehicle; that a passenger is seized by the stop and may challenge it; and that a stop may last no longer than its purpose requires, so it may not be extended for a dog sniff without separate reasonable suspicion. It has also held that consent to a search has to be voluntary, judged on all the circumstances, and that the prosecution does not have to prove the person knew they could refuse. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

Sources for this section (7)

HRS 286-116 — License, insurance identification card, possession, exhibition
Whren v. United States, 517 U.S. 806 (1996) — A traffic stop is reasonable when there is probable cause of a traffic violation
Pennsylvania v. Mimms, 434 U.S. 106 (1977) — An officer may order the driver out of a lawfully stopped car
Maryland v. Wilson, 519 U.S. 408 (1997) — An officer may order passengers out of a lawfully stopped car
Brendlin v. California, 551 U.S. 249 (2007) — A passenger is seized by a traffic stop and may challenge it
Rodriguez v. United States, 575 U.S. 348 (2015) — A stop may not be extended beyond its purpose to run a dog sniff
Schneckloth v. Bustamonte, 412 U.S. 218 (1973) — Consent to a search must be voluntary

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

HAWAII FIELD FILE

Traffic stops

Being stopped

Marijuana and drugs

Impaired driving

Court and money

Your home

Recording

Carrying a firearm

Charges and penalties

How you carry yourself

Walk it through

HAWAII FIELD FILE

Traffic stops

Traffic StopsHRS 286-116 — the license and the insurance card in hand, and either one may be shown on a phone▾

Driving Without InsuranceHRS 431:10C-117 — a $500 fine the first time with no policy, and at least $2,000 inside five years▾

Driving Without a LicenseHRS 286-136 — up to $1,000 or 30 days, and a class C felony the third time inside five years▾

Driving While SuspendedHRS 291E-62 — after an impaired driving revocation, jail, a fine and more time off the road, with no probation▾

Reckless Driving and InattentionHRS 291-2 and HRS 291-12 — reckless driving up to $1,000 or 30 days; inattention up to $500▾

Passing a School BusHRS 291C-95 — stop at least 20 feet back in every adjacent lane, up to $1,000 on a state highway▾

After a CrashHRS 291C-14 — stop, give information, help, and leaving is a felony where someone is badly hurt▾

Seat Belts and Car SeatsHRS 291-11.5 and HRS 291-11.6 — every seat belted, a child seat or booster under ten, and a $45 fine▾

Pulling Over for a SirenHRS 291C-65 — yield, clear the intersection, pull to the edge and stop until it passes▾

Moving Over for a Stopped Emergency VehicleHRS 291C-27 — slow down and change lanes, or leave a lane between, and tow trucks count▾

Open Containers in a VehicleHRS 291-3.1 — up to $2,000 for a driver with an open container; a passenger's is a petty misdemeanor▾

Motorcycle Helmets and Eye ProtectionHRS 286-81 — a helmet under eighteen, and eye protection for every rider without a windshield▾

Window TintHRS 291-21.5 — 35 per cent light through the front side windows, and windows down at a stop▾

Your Phone Behind the WheelHRS 291C-137 — no holding a device while driving, a $300 fine, and $400 in a school or work zone▾

SpeedingHRS 291C-105 — 30 over the limit, or 80 anywhere, is excessive speeding, a crime with no probation▾

Speeding in a School Zone or Work ZoneHRS 291C-104 — a $250 fine, and a $25 surcharge for the safe routes to school fund▾

Motorcycles and LanesHRS 291C-153 — a motorcycle gets the full lane, and riding between lanes is not allowed▾

On a BicycleHRS 291C-43 — three feet to pass a bicyclist, and a helmet for every rider under eighteen▾

Passing on the Left and the RightHRS 291C-44 — passing on the right only where the road allows it, and never off the pavement▾

Pedestrians in a CrosswalkHRS 291C-72 — $150 the first time, and $300 with a 90 day revocation within a year▾

Answering a Traffic TicketHRS 291D-6 — an answer within 21 days: pay, contest, or explain, in person or in writing▾

Not Stopping for PoliceHRS 710-1026.9 — fleeing recklessly, or 30 over or 80 and up, is a class C felony▾

The Teen License and Its CurfewHRS § 286-102.6 — no driving from 11 p.m. to 5 a.m. without a parent, and one passenger under 18▾

Being stopped

Being ArrestedHRS 803-9 — family or a lawyer at reasonable intervals, and charged or released within 48 hours▾

When Police Use ForceHRS 803-7 — the force necessary to compel submission, and a duty on other officers to intervene▾

Resisting ArrestHRS 710-1026 — force, or a substantial risk of injury, to stop an arrest, a misdemeanor▾

Reading a Search WarrantHRS 803-37 — the officer announces and demands entry, and posts a notice after the search▾

A Mental Health Crisis and the PoliceHRS 334-42 — an officer contacts a mental health emergency worker before detaining someone for an examination▾

Marijuana and drugs

Drug PossessionHRS 712-1243 — three to twenty four pills, or 0.5 grams of methamphetamine, heroin, fentanyl or cocaine, is a class C felony▾

MarijuanaHRS 712-1249 — three grams or less is a violation with a $130 fine▾

Medical CannabisHRS 329-122 — a certification, an adequate supply of ten plants and four ounces, and never in public or in a moving vehicle▾

Drug ParaphernaliaHRS 329-43.5 — using or holding it is a violation with a fine of no more than $500▾

Calling for Help in an OverdoseHRS 329-43.6 — the caller and the person overdosing are not charged with possession on what the call turns up▾

Drinking Under 21HRS 281-101.5 — a license suspended for at least one hundred and eighty days, seventy five hours of service, and an alcohol class▾

Tobacco and Vapes Under Twenty OneHRS § 712-1258 — $500 for selling to anyone under twenty one, and $10 for being caught with one▾

Impaired driving

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

The Breath, Blood or Urine TestHRS 291E-11 — asked for only after a lawful arrest, and after being told the test may be refused▾

The License Revocation After a DUI ArrestHRS 291E-41 — one year with an interlock for a first, two years for a refusal, decided apart from the criminal case▾

Drinking and Driving Under 21HRS 291E-64 — a measurable amount of alcohol is .02, and a first violation is a one hundred eighty day suspension▾

Driving Impaired with a Child in the CarHRS 291E-61 — a passenger younger than fifteen adds $500, forty eight hours, and a revocation of at least two years▾

DUI CheckpointsHRS 291E-20 — every car or a set numerical pattern, a fixed place, and no more than three hours▾

Driving on a DUI RevocationHRS 291E-62 — three to thirty days in jail on a first offense, and another year without a license▾

The Ignition InterlockHRS 291E-61 — six months clean and three more without a violation can end a first revocation early▾

Testing After a Crash with InjuriesHRS 291E-21 — a blood or urine sample, and declining a breath test there is not a refusal▾

A Repeat DUI as a FelonyHRS 291E-61.5 — two convictions within ten years make the next one a class C felony▾

Court and money

Minimum WageHRS 387-2 — $16.00 an hour from January 1, 2026, and $18.00 from January 1, 2028▾

OvertimeHRS 387-3 — one and one half times the regular rate past forty hours in a workweek▾

Paydays and the Last PaycheckHRS 388-3 — paid in full at the time of a firing, and by the next regular payday after quitting▾

Deductions from PayHRS 388-6 — no fines, register shortages, breakage, or bounced checks out of wages▾

Unpaid WagesHRS 388-10 — the wages, the same amount again, and interest at six per cent a year▾

Discrimination at WorkHRS 378-2 — race, sex, gender identity, age, disability, arrest record, and more, at any employer with one employee▾

Background and Credit Checks for a JobHRS 378-2.5 — only after a conditional offer, and only seven years of felonies and five of misdemeanors▾

Reporting Wrongdoing at WorkHRS 378-62 — no firing or threats for reporting a violation of law, and two years to sue▾

Fired Over an Injury, a Garnishment or Sick LeaveHRS 378-33 — a written complaint to the labor department within thirty days▾

Jury Duty and WorkHRS 612-25 — no firing or threats over a summons, and ninety days to sue for up to six weeks of lost wages▾

Teens at WorkHRS 390-2 — below age sixteen, no more than three hours on a school day or eighteen in a school week, and done by 7:00 p.m.▾

Hurt at WorkHRS 386-82 — written notice as soon as practicable, and a claim within two years of the effects showing▾

Unemployment BenefitsHRS 383-30 — quitting without good cause or a firing for misconduct stops benefits until five times the weekly amount is earned again▾

Noncompete AgreementsHRS 480-4 — void in a technology business employee's contract▾

Small Claims CourtHRS 633-27 — up to $5,000, a fee of not more than $35, and no appeal▾

How Long There Is to SueHRS 657-7 — two years for an injury or property damage, six for a debt on a contract▾

Suing the StateHRS 662-4 — liable like a private person for its employees' torts, and two years to sue▾

What Creditors Cannot TakeHRS 651-121 — household goods, a car up to $2,575 in equity, tools of a trade, and retirement accounts▾

Wage GarnishmentHRS 652-1 — five per cent of the first $100 a month, ten of the next $100, twenty of the rest▾

Scams and Unfair Business PracticesHRS 480-13 — at least $1,000 or threefold damages, with attorney's fees, and at least $5,000 for an elder▾

The Lemon LawHRS 481I-3 — three repair attempts, or thirty business days out of service, within two years or 24,000 miles▾

A Data BreachHRS 487N-2 — notice without unreasonable delay, and actual damages for a business that fails▾

Canceling a Door to Door SaleHRS 481C-2 — until midnight of the third business day, and a refund within ten business days▾

RepossessionHRS 490:9-609 — taken without a breach of the peace, sold in a commercially reasonable way, and redeemable until then▾

DivorceHRS 580-41 — a marriage that is irretrievably broken, or two years apart▾

Support and Property in a DivorceHRS 580-47 — what is just and equitable, and a child support review once every three years▾

Child CustodyHRS 571-46 — the best interests of the child, and a presumption against custody to a parent who committed family violence▾

A Protective Order Against Domestic AbuseHRS 586-5 — a temporary order without notice, a hearing within fifteen days, and an order for a fixed period after▾

Violating a Protective OrderHRS 586-11 — a misdemeanor with a mandatory five days in jail on a first conviction▾