Driving Under the Influence of Marijuana in Hawaii

Driving under the influence of marijuana, alcohol, or a combination is a crime in Hawaii. A driver is under the influence when the drug, alcohol, or combination impairs the person’s ability to operate a vehicle in a careful and prudent manner. (Hi. Rev. Stat. Ann. § 291E-61(a)(2).)

This article explains the penalties imposed for DUI violations, but other laws regarding marijuana possession may also apply to passengers and drivers. Also, while Hawaii allows medical marijuana use under limited circumstances, it is still a crime to drive after such use if the driver’s mental or physical faculties are impaired.

For detailed information on marijuana laws in general in Hawaii, including possession and sale, see Hawaii Marijuana Laws.

To learn how Hawaii regulates medical marijuana, see Medical Marijuana in Hawaii.

Driving Under the Influence of Marijuana

It is illegal to drive a vehicle while under the influence of marijuana, other drugs, alcohol, or a combination of substances. (Hi. Rev. Stat. Ann. § 291E-61(a)(2).)

Penalties for Driving Under the Influence

Penalties for driving under the influence in Hawaii vary according to whether it’s a first or subsequent conviction. Additional penalties may apply if a minor younger than 15 years old was in the vehicle at the time of the offense.

First conviction. Penalties include a substance abuse rehabilitation program that lasts a minimum of 14 hours, driver’s license revocation for up to one year, 72 hours of community service work, between two and five days in jail, a fine of between $150 and $1,000, or a combination of the above. Defendants must pay $50 to a special trauma fund. (Hi. Rev. Stat. Ann. § 291E-61(b)(1).

Second conviction within five years of a previous conviction. Penalties include driver’s license revocation for between 18 months and two years, 240 hours of community service work, between five and 30 days in jail, a fine of between $500 and $1,500, or a combination of the above. The court will also charge a violator $75 to be put into a special trauma fund. (Hi. Rev. Stat. Ann. § 291E-61(b)(2).)

Third conviction within five years of two prior convictions. Penalties include driver’s license revocation for two years, between ten and 30 days in jail, a fine of between $500 and $2,500, and $75 to be put into a special trauma fund. (Hi. Rev. Stat. Ann. § 291E-61(b)(2).)

Offenses while transporting a minor. An offense committed by an adult 18 years old or older, while a minor younger than 15 years old is in the vehicle is punishable with additional penalties. In addition to the penalties listed for the offenses above, the violator will be fined $500 and sentenced to 48 additional hours in jail. (Hi. Rev. Stat. Ann. § 291E-61(b)(4).)

Ignition Interlock Devices

A judge may allow an offender to drive a vehicle for the period of license suspension if that vehicle has an ignition interlock device installed. If the offender does not own a vehicle, this exception does not apply. (Hi. Rev. Stat. Ann. § 291E-61(b)(5).)

Alternately, a judge may allow an offender to operate a vehicle without such a device when use of an ignition interlock device during working hours would jeopardize the offender’s employment. The offender must petition the judge for such an exception, including a sworn statement from the offender’s employer that the offender will be discharged from work if the offender cannot drive without using an ignition interlock device. (Hi. Rev. Stat. Ann. § 291E-61(d).)

An Important Note on Local Legal Representation

If you have been charged with a marijuana-related driving offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.