DUI Fact Sheet
COURT PENALTIES
The following penalties apply in criminal court proceedings if you are found guilty of Driving Under the Influence of an Intoxicant:
FIRST OFFENSE: No prior conviction within the past 5 years of DUI (H.R.S. §§291-4, 291-4.4 or 291E)
- 14 hour minimum alcohol abuse education and counseling program
- 90 absolute license suspension; or a 90 suspension period of which 30 days must be absolute and the remaining 60 days a restricted license for limited work related purposes and to participate in substance abuse treatment programs
- Any one or more of the following:
- 72 hours of community service
- 48 hours to 5 days of imprisonment
- $150 to $1,000 fine
- Alcohol Assessment and possible treatment
- $25 neurotrauma surcharge
- May be charged a surcharge of up to $25 to be deposited into the trauma system special fund.
SECOND OFFENSE: An offense that occurs within five years of a prior conviction of DUI (H.R.S. §§291-4, 291-4.4 or 291E)
- 1 year absolute license suspension
- Either one of the following:
- not less than 240 hours of community service
- 5 to 14 days of imprisonment (with at least 48 hours of imprisonment served consecutively)
- $500-$1,500 fine
- Alcohol Assessment and possible treatment
- $25 neurotrauma surcharge
- May be charged a surcharge of up to $50 to be deposited into the trauma system special fund
THIRD OFFENSE: An offense that occurs within five years of two prior convictions of DUI (H.R.S. §§291-4, 291-4.4 or 291E)
- License Revocation of 1 to 5 years
- 10-30 days of imprisonment (with at least 48 hours of imprisonment served consecutively)
- $500-$2,500 fine
- Alcohol Assessment and possible treatment
- $25 surcharge to be deposited into the neurotrauma special fund
- May be charged a surcharge of up to $50 to be deposited into the trauma system special fund
- Forfeiture under chapter 712A of the vehicle owned and operated by the person committing the offense; provided that the Department of Transportation shall provide storage for vehicles forfeited under this section
PERSONS 18 YEARS OR OLDER CONVICTED WITH PASSENGERS UNDER 15 YEARS OF AGE: Any person over the age of 18 who operated a vehicle with a passenger, in or on the vehicle, who is under the age of 15 shall be sentenced to an additional:
- $500 fine
- 48 hours of imprisonment (provided that the total term of imprisonment for a person convicted shall not exceed the maximum terms of imprisonment.)
HIGHLY INTOXICATED DRIVER: a driver who has a bac. Above 0.15
- 6 month prompt license suspension (no work permit or restricted license)
- The remaining penalties under the 1,2 or 3 offenses.
FOURTH OFFENSE: an offense that occurs within 10 years of three prior convictions of DUI (H.R.S. §§ 291-4, 291-4.4, 291E). This offense is charged under H.R.S. §291E-61.5 Habitually Operating a Vehicle Under the Influence of an Intoxicant. This is a Class C Felony. The sentence can be either:
- A term of imprisonment of 5 years; or
- A term of probation of five years with the following conditions:
- Mandatory license revocation of 1-5 years (note: license can be revoked for life on the civil side)
- Minimum of 10 days of imprisonment with at least 48 hours served consecutively
- Referral to a certified substance abuse counselor
- $25 surcharge to the neurotrauma fund
- May be charged a surcharge of $50 to be deposited into the trauma system special fund
- Any vehicle owned and operated by the person committing the offense shall be subject to forfeiture provided that the Department of Transportation shall provide storage for the vehicle.
ADLRO-ADMINISTRATIVE PENALTIES
The ADLRO (Administrative Driver’s License Revocation Office) administers administrative or civil penalties which affect your drivers license only. The ADLRO considers how many “alcohol contacts” you have had, which means they include any criminal or civil conviction. So, even if you have won a criminal DUI in the last five years, but lost at the ADLRO level, the ADLRO will consider that a conviction and use that against you to enhance the current license revocation.
Also, it is important to note that an ALDRO license revocation means that you lose your license for the revocation period and that you will have to re-take the written and driving test in order to be re-licensed at the conclusion of the revocation period.
1st ALCOHOL CONTACT IN 5 YEARS:
- Your license can be revoked between 90 days to 1 year.
- There is an absolute license revocation of 30 days and after the 30 days, they can issue you a conditional permit to drive to and from work (and in some instances during work) and for alcohol classes.
- In order to get a work permit to drive, you must show that you have no alternative transportation other than to drive.
If you had refused to take any alcohol tests and the hearing officer determines that the police officer had a reasonable suspicion that you were DUI, explained the options to you regarding the different alcohol tests, your license must be revoked for a period of 1 year.
If you had a BAC of 0.15 or more, there is a minimum of a 6 month suspension of your driver’s license, license plates, and registration.
2nd ALCOHOL CONTACT IN 5 YEARS: Your license must be revoked for a period of 1 to 2 years.
If you had refused to take any alcohol tests and the hearing officer determines that the police officer had a reasonable suspicion that you were DUI, explained the options to you regarding the different alcohol tests, your license must be revoked for a period of 2 years.
3rd ALCOHOL CONTACT IN 7 YEARS: Your license must be revoked for a period of 2 to 4 years.
If you had refused to take any alcohol tests and the hearing officer determines that the police officer had a reasonable suspicion that you were DUI, explained the options to you regarding the different alcohol tests, your license must be revoked for a period of 4 years.
4th ALCOHOL CONTACT IN 10 YEARS: Your license must be revoked for the rest of your life.
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Laura Yoshida Attorney at Law L.L.C.
