Hawaii DUI – §291E-61 Operating a vehicle under the influence of an intoxicant. (a) A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle:
- While under the influence of alcohol in an amount sufficient to impair the person’s normal mental faculties or ability to care for the person and guard against casualty;
- While under the influence of any drug that impairs the person’s ability to operate the vehicle in a careful and prudent manner;
- With .08 or more grams of alcohol per two hundred ten liters of breath; or
- With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood.
First offense – Penalties include: One-year license revocation, a rehabilitation program, and can also include:
- 72 hours of community service;
- Two to five days in jail, and;
- $250 to $1,000 in fines.
Second offense – If a driver had a prior DUI conviction within the last 10 years, you will be guilty of a second DUI offense. Penalties include: Two to three years of license revocation and $1,000 to $3,000 in fines. At the judge’s discretion, you will also either receive 5 to 30 days in jail or up to 240 hours of community service or a rehabilitation/substance abuse program.
Habitual DUI offenders – If a driver has had more than 2 prior DUI convictions in the past 10 years, they will be charged as a habitual offender which is a Class C felony in Hawaii. The penalties for a habitual offender can include up to 5 years in prison, 5 years’ probation, 3-to-5-year license revocation, $2,000 to $5,000 in fines, vehicle forfeiture, substance abuse counseling, and continuous alcohol monitoring.
Child Passengers – If a child under the age of 15 was in the car at the time of the DUI, the driver will face an additional fine of $500 and 48 hours in jail.
In Hawaii, you could be convicted of DUI for just having a few beers and then driving. That’s because just a few beers could bring your blood alcohol level to .08 or higher, which is the legal limit. But you do not even need to be at the legal limit to be charged with a DUI in Hawaii. In many cases, the officer’s description of your driving behavior can be enough for a prosecutor to get a conviction.
The lawyers at The Attorneys for Freedom Law Firm have been representing people charged with DUI for almost 3 decades. We have the knowledge and experience to represent you in your DUI case and resolve it with the best possible outcome. We can provide an aggressive DUI defense and we are not afraid to take your case to trial if necessary. If you have been charged with any type of DUI offense, don’t trust just any attorney with your freedom, contact The Attorneys for Freedom.
If you or someone you know has been charged with a DUI in Honolulu, Hawaii, email us or call our office at 808-647-2423 and our experienced team of criminal defense lawyers will help you come up with the best resolution for your case.
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Honolulu, Hawai’i 96813
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