What is a DUI and a DWI in Hawaii?

Hawaii driving laws do not separate offenses of driving under the influence of an intoxicating substance into categories of severity like some other states do. Instead, all such traffic violations are classified as DUI (Driving Under the Influence) or OVUII (Operating a Vehicle Under the Influence of an Intoxicant). These traffic violations are not limited to the operation of a vehicle while under the influence of alcohol but also encompasses any intoxicating drug.

Anyone found guilty of operating or in actual control of a vehicle while under the influence of any substance that impairs the safe operation of the vehicle risks facing penalties. OVUII offenders are penalized by the Administrative Driver’s License Revocation Office (ADLRO). The ADLRO is a governmental entity with the authority to revoke the driving license of an offending motorist and issue special permits to drivers with revoked licenses.

What is the Difference Between a DUI and a DWI in Hawaii

There is no DWI in Hawaii, and driving while under the influence of alcohol is not differentiated into separate categories in Hawaii and are classified as Operating a Vehicle Under the Influence of an Intoxicant (OVUII). The severity of an OVUII offense can increase based on factors involved in the offense, such as the presence of a minor under the age of 15 in the vehicle at the time of the offense.

What happens when you get a DUI for the First Time in Hawaii?

As stated under Hawaii Revised Statutes Section 291E–61, the following are the punishments for a first time DUI in Hawaii:

• Seventy-two hours of community service
• Imprisonment between two to five days
• A fine of between $250 to $1000
• 14-hour rehabilitation program
• One year license revocation

After an arrest for a DUI violation, accused persons are typically taken to the police station, booked, and then brought before a judge to set bail (if the person is eligible to make bail). The court may administer a chemical blood test also at this point. An arraignment follows this before a judge of a district court, where the accused person will enter a formal plea. If the person pleads guilty to the offense, the judge may immediately pronounce a sentence. If the charge is contested, the accused person maintains the right to a jury trial, and the case is typically transferred to a circuit court. At the circuit court, other court processes, such as the preliminary hearing, at which the defendant presents the evidence available to the prosecution, will commence before the case moves to a jury trial.

How Likely is Jail Time After a First DUI in Hawaii?

Very Likely. A first DUI offense in Hawaii attracts imprisonment between two to five days. Nevertheless, the decision to determine the number of days in jail for the first time OVUII offense is at the discretion of the sentencing judge. The judge typically considers the factors surrounding the offense in passing a judgment, such as a minor under the age of 15 is in the car.

What are the Typical Penalties for a DUI Conviction in Hawaii?

Under HI Rev Stat § 291E–62, the penalties for an OVUII offense vary in severity depending on the repetition of the offense and the circumstance surrounding the case. The penalties usually suffered by OVUII offenders are:

• Imprisonment
• Community service
• Fine payment
• Assignment to mandated substance abuse rehabilitation programs
• License revocations
• Mandated use of ignition interlock devices
• First DUI conviction attracts license revocation for one year, a fine between $250 to $1000, two to five days in jail, community service (72 hours).
• For a second DUI offense, offenders may possibly face 240 hours of community service, a fine worth $1000 to $3000, five to 30 days jail time, and two to three years revocation of license.
• For a third or subsequent conviction (Class C felony), the penalty includes a $2,000 to $5,000 fine, five years probation or imprisonment, three to five years license revocation. Offenders may be put under continuous alcohol monitoring and required to complete a driver’s education program and substance abuse counseling.

How Long Does a DUI Stay on Your Record in Hawaii?

DUI conviction can stay on a driver’s record for up to 5 years. The state provides expungements of DUI convictions for first-time offenses and convictions. However, DUI offenses of persons under the age of twenty-one, pending charges, convictions involving mental incapacity, and second-time DUI offenses cannot be expunged.

Records that are considered public may be accessible from some third-party websites. Operating independently of any state entity, these websites often make searching simpler. Such sites are not limited by geographic location and may offer flexible search options for single or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on such sites may vary.

How do I Find DUI Checkpoints in Hawaii?

Also known as sobriety checkpoints, DUI checkpoints are legal in Hawaii. Sobriety checkpoints are for the sole purpose of intercepting impaired or intoxicated drivers. DUI checkpoints are put in place at random, especially during the weekends and holidays. Nevertheless, interested persons can locate sobriety checkpoints online by surfing the internet for recent roadblocks around the neighborhood.

Which is Worse; a DUI or DWI?

Hawaii laws do not recognize a DWI (Driving while intoxicated). That said, OVUII (operating a vehicle under the influence of an intoxicant) sums up the offense of driving while drunk or driving while intoxicated by hard drugs. It is also called a DUI.

What is an Aggravated DWI in Hawaii?

An aggravated DUI refers to circumstances such as driving with a 15 year old as a passenger, driving without a license, or the offender’s blood alcohol content is over 15%. Aggravated DUI mostly involves stricter penalties and restrictions on plea bargains. In Hawaii, the severity of penalties does not skyrocket as only two days are added to the jail time for the first offense for an aggravated DUI.

What Happens When You Get a DWI in Hawaii?

Under the Hawaii judicial provisions, DWI does not exist and only DUI or OVUII. Following a DUI offense, the offender can expect punishment in terms of fines, license withdrawal, community service, rehabilitation program, alcohol monitoring, and incarceration.