• State Penal Code – HRS Chapter 291-E
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes – weekly
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing in Hawaii are:

1st Refusal

• 1 year license revocation

2nd Refusal

• 2 year license revocation

3rd Refusal

• 4 year license revocation

• In Hawaii the lookback period is 5 years
• Any arrest for DUI/DWI within 5 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .01% or more will be charged with DUI/DWI

1st Offense

• 180 day license suspension

• $150 – $500 fine
• 36 hours Community Service (maximum)

2nd Offense

• 1 year license suspension (maximum)

• $300 – $1000 fine

• 50 hours Community Service

1st Offense

• license revoked (90 day minimum, 1 year maximum)

• $150 – $1000 fine
• $25 surcharge to the neurotrauma fund

• mandatory 14 hours in a state approved treatment program

• Prison (48 hour minimum, 5 day maximum)

• Installation of Ignition Interlock Device

2nd Offense

• license revoked (1 year minimum, 2 year maximum)

• $500 – $1500 fine
• $25 surcharge to the neurotrauma fund

• mandatory minimum 14 hours in a state approved treatment program

• Prison (5 day minimum, 14 day maximum)

• Installation of Ignition Interlock Device

• In Hawaii, a charge of high BAC Aggravated DUI adds an additional $25 surcharge on top of the original $25 surcharge to the trauma system fund.

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Hawaii an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Hawaii does not allow for plea bargains in DUI/DWI cases therefore Wet Reckless does not apply