Hawaii DUI Laws, Penalties, and License SuspensionHawaii drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving have never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.
The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.
Hawaii Laws
The following driving actions are illegal in the State of Hawaii:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
Hawaii Penalties
First Drunk Driving Conviction
For the first drunk driving conviction in Hawaii you will receive a drivers license suspension from 90 days to 1 year. If you are a highly intoxicated driver with a BAC of .15 or above, your drivers license will be suspended for 6 months up to 1 year. You will also receive from 48 hours to 5 days in jail and a fine between $150-$1,000. You may receive 72 hours of community service instead of a fine or jail if the court deems this appropriate. You must also participate in a 14 hour (Minimum) substance abuse program that provides education and counseling for convicted drunk drivers.
Second Drunk Driving Conviction
For the second drunk driving conviction in Hawaii you will receive a drivers license suspension for a period of 1 year (minimum) up to 2 years. You will receive either 240 hours of community service or you will serve from 5-14 days in jail and a fine ranging from $500-$1,500. You must also participate in a 14 hour (Minimum) substance abuse program that provides education and counseling for convicted drunk drivers. You may also receive 240 hours of community service.
Third Drunk Driving Conviction
For a third drunk driving conviction in Hawaii you will receive a drivers license suspension from a minimum of 1 to 5 years. In addition to this you will receive a fine from $500-$2500 and from 10 days (Minimum) to 30 days in jail. The vehicle of the driver may be forfeited to the state if the court wishes. If a person under the age of 15 years at the time of the offense, then the driver will pay an additional $500 per person and a extra 48 hours (minimum) in Jail.
Fourth Drunk Driving Conviction
Your fourth drunk driving offense in Hawaii is a Class "C" Felony and you will be know as a "Habitual" offender. The possibilities are 5 years in prison, probation for 5 years with a mandatory revocation of license for no less than 1 year, 10 days in jail and a referral to substance abuse counseling. You will also be sent to a drivers education program by a certified substance abuse counselor, of the offender's substance abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the offender to obtain appropriate treatment. The counselor shall submit a report with recommendations to the court. All costs will be charged to the felon.
Hawaii Drivers License Issues
The State of Hawaii has what is called an "Implied Consent Law". The implied consent law means that any driver that operates a motor vehicle in Hawaii on the road or in the water, is deemed to have given consent to have their Blood, Breath, Urine to determine the level of alcohol or drugs in the drivers system. These tests would be done at the request of a law enforcement officer. In Hawaii however you may decline to submit to a chemical test.
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