First Offense DUI in Hawaii

The Hawaii Revised Statutes uses the terms "Operating Under the Influence of an Intoxicant (OVUI)" and "Driving Under the Influence (DUI)" to represent all traffic-related offenses in which the driver was intoxicated.

These offenses usually have severe penalties like prison terms, fines, and revoked driver's licenses. The state courts may also recommend correctional programs like driver's education or substance abuse rehabilitation.

Beyond state-enforced penalties, offenders may rack up financial debt and lose future opportunities due to these charges. Case in point: a DUI charge on your criminal record may double your insurance premium rates. Repeat offenders also get up to five years of probation or license revocation.

Note that these penalties apply even if you have no prior conviction for the offense. The state takes a harsh stance on DUIs due to their widespread disruption of lives and properties. Hawaii DUI penalties are designed to serve as a deterrent and reduce tragic incidents due to intoxicated drivers.

What Qualifies as a First DUI in Hawaii?

Per Hawaii Revised Statutes (HRS) §291E-61, it is a first DUI offense if it meets all these conditions:

• The offender has no prior conviction for the offense.
• The offender was physically operating the vehicle and had at least 0.08 of alcohol per 210 liters of breath or one hundred cubic meters of blood.
• The offender was proven to be under the influence of intoxicating substances.

Arresting officers or designated personnel conduct chemical tests, such as breathalyzers and blood tests, to determine the blood alcohol concentration (BAC) in the suspect's body. The BAC is a measure of the percentage of alcohol in the blood. Besides chemical tests, officers may detect intoxication through observation or field sobriety tests. Such tests include the walk-and-turn test, which assesses your ability to balance and walk in a straight line.

Possible Penalties for a First Offense DUI in Hawaii

Under Hawaii laws, first-time DUI offenders may face the following penalties:

• A 90-day suspension of the driver's license and privilege to operate a vehicle
• 72 hours of community service work;
• A 2- to 5-day imprisonment
• A fine between $150 and $1,000.
• $25 surcharge fee paid into the neurotrauma special fund.
• A minimum of 14 hours in a court-recommended substance abuse rehabilitation program.

Do You Lose Your License for a First DUI in Hawaii?

Yes, arresting officers will seize your driver's license after an arrest for a DUI offense. The court will then issue a one-year driver's license suspension if you are found guilty of the offense.

However, you are eligible to receive a conditional license after 30 days of receiving a license suspension. The state's Department of Transportation issues such licenses to the following parties:

• Offenders who are employed in positions that require driving.
• Offenders who have no access to alternative transportation.
• Offenders who must drive for personal medical treatment.
• Offenders who drive to convey disabled persons.

Note: Repeat offenders and persons who refuse chemical tests are not eligible for conditional licenses.

What Is the Implied Consent Law in Hawaii, and How Does It Affect First DUI Cases?

Per HRS §291E-11, persons who operate vehicles in Hawaii have automatically consented to chemical tests after a DUI or OVUII arrest. Arresting officers will only administer chemical tests after arresting offenders and notifying them of their right to refuse the test. Offenders who refuse chemical tests may get a one-year license suspension. Prosecutors may use the refusal as evidence of guilt and push for more severe penalties.

Is an Ignition Interlock Device Required for a First DUI Offense in Hawaii?

In Hawaii, all first-time DUI offenders are required to install an Ignition Interlock Device (IID). IIDs measure blood alcohol concentration. They are attached to a vehicle's electrical system and will not start until the driver takes a breath test. In Hawaii, it costs about $70 to $150 to install an IID. Furthermore, offenders may pay up to $80 monthly to maintain the device.

Can a First DUI Be Dismissed or Reduced in Hawaii?

Yes, Hawaii is one of the few states that allows first-time offenders to reduce DUI to reckless driving. Although they are both misdemeanors, reckless driving has less severe penalties.

Offenders may also push for a complete dismissal of first-time DUIs. For instance, you may present a defense that there is no probable cause for the officer to stop the vehicle. Officers are generally required to stop a vehicle when there's enough evidence that the driver violates traffic laws.

The arrest procedure offers an alternative option for dismissing the case. Offenders may claim that the officer did not follow standard arrest procedures. For instance, officers must notify offenders of their right to refuse a chemical test before making the arrest.

In some instances, offenders may challenge the accuracy of the chemical test. Most breath analyzers use old technology and may have calibration issues.

Long-Term Consequences of a First DUI

In Hawaii, DUI convictions remain on criminal records for five years, after which you may expunge them. While they remain on record, offenders may experience the following consequences:

• One-year license suspension, which may affect freedom of movement.
• Limited job opportunities in industries that require employees to have a driver's license.
• Lower employment chances in certain industries.
• Higher auto insurance premiums.

Do You Need a DUI Attorney in Hawaii?

Yes, you can. A DUI attorney to help you navigate the complex DUI laws in Hawaii. Experienced attorneys may help you negotiate fewer penalties or convince the court to dismiss the case. The attorney also protects your rights from the initial arrest event to sentencing, in some instances. DUI attorneys may conduct independent investigations to gather more evidence to support your case.