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Drinking and Driving Under 21

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

It is unlawful for anyone under the age of twenty one to operate any vehicle with a measurable amount of alcohol, which is a test result of .02 or more but less than .08 in breath or blood. Breaking it is a violation.

  • HRS 291E-64
  • HRS 291E-1
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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.

ViolationLicenseThe court may add
ViolationA first, or none within five years of a prior alcohol enforcement contactLicenseA one hundred eighty day suspension with no driving, or for someone eighteen or older the court may instead impose at least a thirty day suspension, then limited driving for work and treatment for the restThe court may addUp to thirty six hours of community service, or a fine of $150 to $500
ViolationWithin five years of one prior contactLicenseSuspended one year with no drivingThe court may addUp to fifty hours of community service, or a fine of $300 to $1,000
ViolationWithin five years of two prior contactsLicenseRevoked two yearsThe court may addUp to one hundred hours of community service, or a fine of $300 to $1,000
  • HRS 291E-64
  • A first violation also brings an alcohol education and counseling program of not more than ten hours, which a parent or guardian attends too where the person is under eighteen.
  • A person with a first violation and no prior contacts may apply for an expungement order at twenty one or after, once the sentence is done and with no later alcohol or drug contacts. That does not apply to a commercial license or permit holder.
  • HRS 291E-64

Where the person under twenty one refuses the breath or blood test, a district judge holds a hearing within twenty days of the officer's affidavit. Where the affidavit is found true, the license is suspended twelve months for a first refusal, and two to five years for one that follows another within five years.

  • HRS 291E-65
Sources for this section (3)
  1. HRS 291E-64 — Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one
  2. HRS 291E-65 — Refusal to submit to testing for measurable amount of alcohol; district court hearing; sanctions; appeals; admissibility
  3. 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.

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