Second Offense OVUII in Hawaii

Hawaii officially calls impaired driving OVUII, which stands for Operating a Vehicle Under the Influence of an Intoxicant. It does not use terms like DUI, DWI, or OWI.

A second OVUII offense occurs when someone is convicted again within 10 years of a previous OVUII conviction. Prior convictions from Hawaii, other states, or even the federal system all count—so do juvenile convictions, unless they have been expunged.

A second offense is treated far more seriously than a first. The increased consequences show how firmly Hawaii aims to protect public safety and prevent repeat offenses by applying stricter legal and administrative actions.

Is a 2nd OVUII a Felony in Hawaii?

No. A second OVUII in Hawaii is a misdemeanor. It becomes a felony only in these cases:

• Causing serious bodily injury while under the influence is charged as negligent injury in the first degree, a Class C felony under HRS § 707-705.
• Causing a death while under the influence is charged as negligent homicide in the first degree, a Class B felony under HRS § 707-702.5.

Neither a very high blood-alcohol level nor property damage by itself elevates a second OVUII to a felony

What is the Lookback Period for a Second OVUII in Hawaii?

Hawaii law measures prior OVUII convictions against a 10-year look-back period under HRS § 291E-61. This "washout" window begins on the date of the current offense and reaches back ten years to identify any earlier convictions. Its purpose is to ensure that only relatively recent impaired-driving offenses count toward enhanced sentencing, while older convictions "wash out" and no longer elevate penalties.

If someone's prior OVUII happened within the last ten years, the new OVUII is a second offense under HRS § 291E-61(b)(2). That means they face tougher punishments: a longer driver's license suspension, must complete a treatment program, install an ignition interlock device in their car, and pay higher fines. If their prior OVUII was more than ten years ago, the new OVUII is a first offense under HRS § 291E-61(b)(1) and carries only the lighter first-offender penalties.

What are Aggravating Factors in a Second OVUII?

Several factors can make a second OVUII in Hawaii carry even harsher penalties:

• High Blood Alcohol Concentration (BAC ≥ 0.15): Adds 10 consecutive days in jail and one extra year of license revocation on top of second-offense penalties under HRS § 291E-61(b)(5).
• Passenger Under Age 15: Triggers an additional $500 fine, 48 hours of jail, and a minimum two-year revocation under HRS § 291E-61(b)(3).
• Causing Serious Bodily Injury: Elevated to negligent injury in the first degree, a Class C felony under HRS § 707-705.
• Causing Death: Elevated to negligent homicide in the first degree, a Class B felony under HRS § 707-702.5.
• Refusal to Submit to Chemical Testing: Triggers administrative license revocation (though not a criminal enhancement) under the implied-consent law HRS § 291E-11.

What Happens If You Get a 2nd OVUII in Hawaii

A person convicted of a second OVUII (Operating a Vehicle Under the Influence of an Intoxicant) in Hawaii when the prior conviction occurred within ten years faces the following penalties:

• 36-hour substance abuse program (minimum) under HRS § 291E-61(b)(2)(A)
• License revoked for 2–3 years under HRS § 291E-61(b)(2)(B)
• Ignition interlock device required on all vehicles under HRS § 291E-61(b)(2)(C)
• 240 hours community service or 5–30 days jail (48-hour minimum) under HRS § 291E-61(b)(2)(D)
• Fine of $1,000–$3,000, plus $25 neurotrauma and up to $50 trauma system surcharges under HRS § 291E-61(b)(2)(E–G)

How Long Does a Second OVUII Stay On Your Record in Hawaii?

A second OVUII conviction remains on an individual's criminal record permanently, as Hawaii only allows expungement for non-conviction arrests (HRS § 831-3.2). Courts furnish traffic abstracts listing all moving-violation convictions—including DUIs—with no expiration, so those entries stay reportable indefinitely under (HRS § 287-3), and the DMV retains conviction and licensing actions on a driver's record for 3 years (HRS § 286-245(e)). Because this conviction cannot be cleared, it can limit employment prospects, housing applications, professional licensing, and harm personal reputation.

How Much Does a Second OVUII Cost in Hawaii

Hawaii law says a second OVUII carries a $1,000–$3,000 fine, plus a $25 neurotrauma surcharge and up to $50 for the trauma system (HRS § 291E-61(b)(2)(E–G)). If a child under 15 is in the car, the law adds $500 more (HRS § 291E-61(b)(3)).

Drivers must also pay to install and run an ignition interlock device—$84 to install, $89 each month for lease and calibration, and $50 if it locks out (not in statute, but standard costs). Getting a revoked license back costs $20 at the DMV, and asking for a hearing to fight the license loss under HRS § 291E-11 brings a $30 hearing fee plus $25 if a check bounces.

Chances of Going to Jail for a Second OVUII in Hawaii

A person convicted of a second OVUII must serve at least 48 consecutive hours and up to 30 days in jail under HRS § 291E-61(b)(2)(D)(ii), although a judge may substitute 240 hours of community service instead under HRS § 291E-61(b)(2)(D)(i). If a passenger under 15 was in the vehicle, at least 48 hours of jail time is mandatory under HRS § 291E-61(b)(3). A blood alcohol level of 0.15 or higher adds an extra 10 consecutive days behind bars under HRS § 291E-61(b)(5).

Driver's License Suspension for a Second OVUII in Hawaii

License revocation lasts 2 – 3 years under HRS § 291E-61(b)(2)(B). During that period, the court may issue an ignition interlock permit if the driver installs a court-approved interlock device on every vehicle they operate and maintains the required insurance under HRS § 291E-61(i).

As an alternative, the court can grant a limited employer-only permit under HRS § 291E-61(d)–(f) when the defendant submits sworn statements showing that driving is essential for their job and that they will be discharged if prohibited from driving.

Ignition Interlock Device Requirement

HRS § 291E-61(b)(2)(C) mandates installation of an ignition interlock device on every vehicle the offender drives for the full 2–3 year revocation period. HRS § 291E-61(l) requires the defendant to pay all installation and maintenance costs. Once proof of installation and valid insurance is submitted, the court issues an interlock permit under HRS § 291E-61(i).

The device is a built-in breathalyzer that prevents the engine from starting if the driver's breath-alcohol content exceeds the preset limit and demands periodic retests to ensure sobriety.

DUI School and Substance Abuse Treatment

Sometimes Hawaii law makes a person go to DUI school after a second OVUII. The law, HRS § 291E-61(b)(2)(A), says the court must order at least 36 hours of a substance abuse program. In this program, people learn about the dangers of alcohol and drugs and meet with a counselor. They do group classes, talk about how being drunk or on drugs can be dangerous, and practice ways to handle tough situations so they will not drive impaired again.

In addition, HRS § 291E-61(h) mandates referral to a driver's education program for an assessment by a certified substance-abuse counselor. The counselor evaluates the offender's level of substance use or dependence and submits treatment recommendations to the court. Based on that report, the court can require individualized follow-up treatment—ranging from outpatient counseling and support groups to more intensive residential programs—so that the intervention matches the offender's needs.

Probation Conditions

A second-offense OVUII conviction carries up to one year of probation for a misdemeanor under HRS § 706-623(c). Standard probation conditions (HRS § 706-624) include regular reporting to a probation officer, travel restrictions, abstaining from alcohol, permitting home visits, and compliance with any court-ordered programs.

Community Service Requirements

Hawaii law says someone with a second OVUII can do 240 hours of community service instead of jail time (HRS § 291E-61(b)(2)(D)(i)). The court will pick jobs that help the community, like picking up trash along roads, cleaning parks, helping at food banks, or fixing things at a community center. This work is chosen to meet local needs and help the person take responsibility.

Impact on Auto Insurance

A second-offense OVUII labels a driver "high-risk", often triggering substantial premium hikes, policy cancellation or non-renewal. Hawaii typically requires an SR-22 certificate (proof of high-risk coverage) for up to three years after a OVUII conviction.

Which Courts Handle OVUII Cases in Hawaii?

District Courts in Hawaii hear all misdemeanor OVUII (DUI) cases, while felony OVUII cases (those involving serious injury or death) are prosecuted in the Circuit Courts.

Some examples of these courts alongside their addresses are:

District Court of the First Circuit (misdemeanors)
1111 Alakea Street
Honolulu, HI 96813
Phone: (808) 538-5767

Circuit Court of the First Circuit (felonies)
Ka'ahumanu Hale
777 Punchbowl Street
Honolulu, HI 96813-5093
Phone: (808) 539-4767

Third Circuit District Court (Hilo, misdemeanors)
Hale Kaulike
777 KÄ«lauea Avenue
Hilo, HI 96720
Phone: (808) 961-7470

Second Circuit District Court (Maui, misdemeanors)
Hoapili Hale
2145 Main Street
Suite 106
Wailuku, HI 96793
Phone: (808) 244-2800

Fifth Circuit District Court (Kauai, misdemeanors)
3970 Ka'ana Street
LÄ«hu'e, HI 96766-1282
Phone: (808) 482-2330

Administrative license suspensions and related hearings are managed by each county's Department of Motor Vehicles—through the Examiner of Drivers—under HAR § 19-122-364, which gives a driver 30 days after notice of suspension or revocation to petition for a hearing. Some county Examiner of Drivers offices are located at:

Oʻahu County
Kapalama Driver License Center
925 Dillingham Boulevard
Suite 101
Honolulu, HI 96817
Phone: (808) 532-7730

Maui County
Motor Vehicle & Licensing Division
200 South High Street
Kalana O Maui Building
Wailuku, HI 96793
Phone: (808) 270-7363

Hawaiʻi County
VRL-Driver License
349 Kapiolani Street
Hilo, HI 96720
Phone: (808) 961-2223

Kauaʻi County
Division of Motor Vehicles
4444 Rice Street
Suite A480
Līhuʻe, HI 96766
Phone: (808) 241-4242

Can You Get a OVUII on a Horse in Hawaii?

No. Hawaii's impaired-driving law applies only to "vehicles", which HRS § 291E-1 defines as motor vehicles, mopeds, or vessels— not animals. Since riding a horse is not "operating a vehicle" under HRS § 291E-61, one cannot be charged with OVUII while on horseback. However, intoxication in public or endangering others could lead to other charges.