5May 2015
May 5, 2015

What is ‘legally drunk’ in Hawaii?

The state of Hawaii has no legal drinking limit for drivers under the age of 21 years; as a result it is illegal for minor drivers to drink alcohol. For non-commercial drivers above 21 years, they are considered to be legally drunk if their blood alcohol level is more than .08. However, for commercial vehicle drivers they are legally drunk when their blood alcohol level is more than .04. Drivers should note that school bus drivers are considered to be commercial drivers under Hawaii law.

Hawaii Drunk Driving Penalties

For first time DUI offender, they are faced with the following penalties:

  • A prison sentence of not less than 48 hours and not more than five days
  • A fine ranging from $150 to $1,000
  • The offender must complete 72 hours of community service work
  • The offender must complete a 14-hour minimum substance abuse rehabilitation program
  • The offender will have  to pay a $25 surcharge to be deposited into the neurotrauma special fund
  • The suspension period for the offender’s driver’s license is 90 days

For second time offenders within five years of the previous offense, they face the following penalties:

  • A prison sentence of 5 to 14 days
  • The offender must complete at least 42 hours of community service work
  • The offender will have to pay a fine ranging between $500 and $1,500
  • The offender will also have to pay a $25 surcharge to be deposited in the neurotrauma special fund
  • The suspension period for the offender’s driver’s license is one year

For offenders who are convicted for the third time, they face:

  • A jail sentence of 10 to 30 days
  • A fine ranging between $500 and $2,500
  • The revocation period for the offender’s driver’s license is one to five years

For offenders convicted of DUI four times within 10 years of the first offense they are considered to be “habitual offenders”. The face the following penalties:

  • Up to five years prison term or a five-year term of probation
  • The offender’s driver’s license will be revoked for 5 years
  • The vehicle that the offender was using during the offence will be subject to forfeiture

All DUI offenders are referred to a driver’s education program for assessment by a counselor of the offender’s substance abuse and the need for appropriate treatment.

The Point System in Hawaii

Hawaii’s state legislature recently abolished the cumulative point system in the state.

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