Hawaii DUI Law Explained

The offense of drunk driving in the state of Hawaii is referred to as "Operating a vehicle under the influence of an intoxicant" (OVUII) or "Driving Under the Influence" (DUI).

Hawaii law prohibits persons from operating or assuming actual physical control of a vehicle:

(1) 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; and

(2) while under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner.

The term "Vehicle" refers to motor vehicles, mopeds, and vessels.

DUI offenses are typically charged as misdemeanor crimes, which carry a maximum penalty of one year in jail. Persons who are arrested for a fourth offense DUI violation within 10 years will be charged with a felony, punishable by up to 5 years in prison.

Other Types Of Hawaii Drunk Driving Charges

PER SE DUI - It is illegal to operate a vehicle with a blood alcohol content (BAC) of .08 or higher. Prosecutors who charge a defendant under the per se DUI provision will not be required to prove impairment at trial if they have evidence of a chemical test result indicating the defendant's BAC was at or above a .08.

HABITUAL OFFENDERS - It is illegal for habitual offenders to drink and drive in the state of Hawaii. A person commits the offense of habitually operating a vehicle under the influence of an intoxicant if the person is a habitual operator of a vehicle while under the influence of an intoxicant, and 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 a BAC of .08 or higher.

MINORS - Persons under the age of 21 are prohibited from operating any vehicle with a measurable amount of alcohol. This is also commonly referred to as Hawaii's "No Tolerance" law.

COMMERCIAL DRIVERS - Drivers of commercial vehicles are prohibited from operating a commercial vehicle with a BAC of .04 or higher.