Hawaii DUI Laws

The per se limit is 0.08% — .08 or more grams of alcohol per 210 liters of breath or per 100 milliliters of blood (HRS § 291E-61(a)(3)/(4)). The offense also covers alcohol or drug impairment without a specific BAC. Hawaii reaches vessels and watercraft. The under-21 threshold is a measured .02 (HRS § 291E-64).

A first offense (HRS § 291E-61(b)(1)) carries a 14-hour substance abuse program, license revocation of 1 to 18 months, IID during the revocation period, and any one or more of 72 hrs community service, 48 hrs–5 days imprisonment, or a $250–$1,000 fine, plus a $25 neurotrauma surcharge. A "highly intoxicated driver" (BAC ≥ .15) faces an additional 48 consecutive hours and a raised 18-month revocation floor. A passenger under 15 adds $500 and 48 hours. A parallel administrative revocation under § 291E-41 runs alongside.

A second offense within 10 years (HRS § 291E-61(b)(2)) carries a 36-hour substance abuse program, license revocation of 2 to 3 years, IID during the revocation period, either 240 hrs community service OR 5–30 days imprisonment (≥ 48 hrs consecutive), and a $1,000–$3,000 fine. A "highly intoxicated driver" faces an additional 10 consecutive days and a raised 3-year revocation floor.

A DUI becomes a felony under HRS § 291E-61.5 when the driver is a 'habitual operator' — meaning 2+ OVUII convictions within 10 years, or 1+ prior habitual-OVUII conviction. Standard habitual OVUII is a class C felony (5-year indeterminate prison or 5 years probation with 3–5 year revocation, ≥ 10 days jail, $2,000–$5,000 fine). If the habitual operator was a 'highly intoxicated driver' (BAC ≥ .15), it is a class B felony (10-year indeterminate or probation with PERMANENT revocation, ≥ 18 months jail, $5,000–$25,000 fine). Both carry vehicle forfeiture.

Under HRS § 291E-1, a 'highly intoxicated driver' has a BAC of .15 or more (grams per 100 mL blood or per 210 L breath). The designation adds mandatory jail and a longer revocation at every tier: +48 consecutive hours (first offense) or +10 consecutive days (second) under § 291E-61(b)(4)/(5); a longer administrative revocation under § 291E-41(b)(4); and elevation of habitual OVUII from a class C to a class B felony with permanent revocation under § 291E-61.5(d).

Yes — IID is mandatory during the revocation period on all vehicles operated at every tier (HRS § 291E-61(b)(1)(C)/(2)(C); § 291E-61.5(c)(2)(A); § 291E-41(b)). The court issues an IID permit upon proof of installation and insurance (§ 291E-61(i)). A first offender may move for early termination of revocation after 6 months IID + 3 months violation-free. Installation and maintenance are at the defendant's expense.

Refusing is NOT a separate crime in Hawaii — under the state constitution (State v. [137 H. 330 (2015)]) a person may refuse and the State must honor the refusal. But refusal carries a significant administrative consequence: under HRS § 291E-41(c), the administrative revocation period DOUBLES to 2 years (no prior contact in 10 yr), 4 years (one prior), or 8 years (two or more) — versus the standard 1/2/4-year periods. This administrative revocation runs alongside any court-ordered revocation on a conviction.

A driver under 21 is subject to a separate zero-tolerance-style offense under HRS § 291E-64 at a MEASURED .02 threshold (the § 291E-1 definition of 'measurable amount of alcohol' is ≥ .02 but < .08 — not any-detectable-amount). The offense is a civil violation, not a crime: a first offense brings alcohol education and a 180-day license suspension (or a 30-day absolute + 150-day restricted for 18+ offenders); a second within 5 years brings a 1-year suspension; a third+ brings a 2-year revocation. A driver under 21 at .08+ is charged under the adult § 291E-61.

A 10-year window governs the § 291E-61 misdemeanor first→second escalation, the § 291E-61.5 habitual-felony trigger (2+ OVUII in 10 years), and the § 291E-41 administrative-revocation 'enforcement contact' count. The under-21 § 291E-64 violation uses a shorter 5-year window. Prior qualifying offenses include OVUII, habitual OVUII, negligent homicide (§ 707-702.5), comparable out-of-state/federal convictions, and minor adjudications.

Hawaii runs two parallel revocation tracks. The COURT-ORDERED revocation under § 291E-61 is 1–1.5 years (first offense) or 2–3 years (second); habitual OVUII carries 3–5 years (class C) or permanent revocation (class B, highly intoxicated). The ADMINISTRATIVE revocation under § 291E-41 runs alongside: 1/2/4 years standard by 10-year 'enforcement contact' count (18mo/3/6 years for a highly intoxicated driver), DOUBLED to 2/4/8 years on refusal. IID is mandatory during any revocation period.

Operating a vehicle after your license is revoked for OVUII (or driving without a required IID) is a separate offense under HRS § 291E-62. A first offense brings 3–30 days imprisonment, a $250–$1,000 fine, and a 1-year additional revocation; a second within 10 years brings 30 days, $1,000, and 2 additional years; a third+ brings 6 months–1 year, $2,000, and PERMANENT revocation. If convicted of both § 291E-62 and the underlying OVUII from the same incident, imprisonment runs consecutively.

The current penalty structure for OVUII (§ 291E-61(b)), habitual OVUII (§ 291E-61.5(c)), and operating-after-revocation (§ 291E-62(c)) was produced by L 2023, c 148 — but each of those subsections carries a '[Repeal and reenactment on June 30, 2028. L 2023, c 148, §8(2).]' sunset. Unless the legislature extends it, the 2023 penalty structure is set to be repealed and reenacted on June 30, 2028, and the pre-2023 structure could return. This page reflects the operative post-2023 text.