Hawaii Drunk Driving Laws

Although most people know drinking and driving is illegal, many people are unaware of what the term “driving under the influence” (DUI) actually means. From a legal perspective, any person who has a blood alcohol content (BAC) of 0.08% or more is considered impaired and thus, can be arrested and charged with drunk driving. While this BAC limit is enforced across the nation, it is ultimately left up to state lawmakers to determine exactly what actions warrant a DUI arrest. Hawaii drunk driving laws, for example, include a number of additional BAC guidelines that you may have overlooked:

In Hawaii, it is against the law for anyone to drive with a BAC above the national 0.08% limit. For this limit to apply, however, a motorist must be allowed to consume alcohol. As a result, drivers who have not yet reached the legal drinking age of 21 have less leeway in terms of the amount of alcohol they can have in their bloodstream. Due to the state’s “Zero Tolerance Law,” underage drivers can therefore be arrested if they have a blood alcohol content of 0.02% or more. Individuals who have a commercial license also must comply with a lower BAC limit of just 0.04%.

Along with the above BAC guidelines, Hawaii lawmakers recently passed legislation to penalize drivers who have a blood alcohol content far above the legal limit. Under this statute, anyone arrested with a BAC of 0.15% or more is classified as a “Highly Intoxicated Driver” and will face additional charges as a result of this label.

If you are convicted of DUI in Hawaii and it is your first offense, the maximum sentence you can receive includes a 5-day jail sentence, $1,000 fine, and 90-day license suspension. Highly intoxicated drivers, however, may lose their driving privileges for an additional six months. You can also expect additional penalties if you are charged with transporting a minor (anyone under 15).

The second time you’re charged with drunk driving, the court will grant even less leniency than before, imposing up to a 14-day jail sentence, 1-year license suspension, and maximum $1,500 fine. In addition, you may be ordered to perform at least 240 hours of community service and/or undergo treatment for substance abuse. And, once again, these penalties will only increase if your BAC was above 0.15% or you were travelling with an underage passenger at the time of your arrest.

If you are found guilty of a third DUI within a five-year period, you will face Hawaii’s maximum drunk driving penalties: up to a 30-day jail sentence, $2,500 fine, 5-year license suspension, and 240 hours of community service. An additional 48-hour jail sentence and $500 fine will also be applied in cases that involve child endangerment and/or an excessive BAC.

Despite the state’s strict DUI guidelines, being arrested for driving under the influence does not mean that you will be convicted of the charges against you in court. In many cases, you may be able to challenge your arrest and avoid many—if not all—of the consequences of a DUI conviction.

To determine the best course of action for your case, complete our online form right now to schedule a free, no-obligation consultation with a skilled DUI defense attorney in your area.