Hawaii DUI: Penalties and Criminal Charge Defense

To be considered driving under the influence in Hawaii, a person’s blood content level has to be .08 percent or higher.  This law includes operating vehicles on land, in the air, or on the water, and you can be subject to DUI charges whenever you are above the legal limit and driving.  If your blood alcohol content is more than .15 percent, then you are classified a “Highly Intoxicated Driver" and there are stricter laws for that.  If you are under the age of 21, then your blood alcohol content must be .02 percent or higher to be considered under the influence.  Drivers of commercial vehicles have a minimum of .04 percent on their blood alcohol content to be considered under the influence.   So, if you are found guilty under these rules, what are the penalties you face?

Penalties for Hawaii DUI

The penalties you face in Hawaii for a DUI will vary depending on the nature of the charges against you. They are as follows:

• First DUI Conviction - You face jail from 48 hours to 5 days or an additional 48 hours if the vehicle had a child under 15, a fine from $150 to $1,000 or an additional fine of $500 if the vehicle had a child under 15, suspended license for 30 days, “Highly Intoxicated Driver" gets a 6 month absolute license suspension, trauma fund surcharge of $25 to $50, 72 hours of community service, substance abuse or education program.    
• Second DUI Conviction (within 5 years of previous conviction) - You face ail from 5 days to 14 days or an additional 48 hours if the vehicle had a child under 15, a fine from $500 to $1,500 or an additional fine of $500 if the vehicle had a child under 15, suspended license for 1 year, fund surcharge of $50 to $75, 240 hours of community service, and substance abuse or education program.  
• Third DUI Conviction (within 5 years of previous conviction) - You face jail from 10 days to 30 days or an additional 48 hours if the vehicle had a child under 15, a fine from $500 to $2,500 or an additional fine of $500 if the vehicle had a child under 15, suspended license for 1 to 5 years, seizure of vehicle, fund surcharge of $50, 240 hours of community service, and substance abuse or education program.  
• Fourth DUI Conviction - This is a Class C Felony and you will be considered a Habitual Offender. You may be sentenced to up to 5 years in jail with probation for five years, a minimum of 1 year suspended license, referral to substance abuse counseling, and mandatory attendance of a driver’s education program run by a substance abuse counselor.  You will be required to follow all recommendations of the counselor and will pay all costs for your treatment. 

Defenses to Hawaii DUI

You do have options if you wish to try to defend yourself. Your lawyer can challenge the reasonable suspicion of the officer that made the traffic stop and also whether he had probable cause for the arrest.  He will also make sure that your Miranda rights were not violated.  As far as evidence goes, it will be looked at to see if there is enough and if proper guidelines were followed in administering the test(s) of sobriety.   

Getting Help

If you are charged with a DUI in Hawaii, you shouldn't try to deal with these serious criminal charges alone. You need to get yourself a lawyer who can help you understand the penalties you face and who can help you do whatever is possible to minimize those penalties.