1. What are the minimum and maximum penalties for a first time DUI offense in Hawaii?

The minimum penalty for a first time DUI offense in Hawaii is 5 days in jail, a $150 to $1,000 fine, and a 90 day license suspension. The maximum penalty for a first time DUI offense is 10 days in jail, a $1,000 to $2,000 fine, and a one year license suspension.

2. What is the legal Blood Alcohol Content (BAC) limit in Hawaii?

The legal blood alcohol content (BAC) limit in Hawaii is 0.08%.

3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Hawaii?

Yes, it is a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Hawaii. Under Hawaii law, it is illegal to refuse to submit to a lawful chemical test to determine the alcohol or drug content of your blood. Refusal is a misdemeanor offense that carries fines and other penalties, including possible jail time.

4. How long does a DUI conviction stay on an individual’s record in Hawaii?

A DUI conviction will remain on an individual’s record in Hawaii for 10 years.

5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Hawaii?

Yes, there are exceptions to Hawaii’s zero tolerance policy on underage drinking and driving. If the driver is participating in a supervised “grandparent ride” or a similar ride-sharing program, they may be exempt from the policy. Additionally, minors who are in an emergency situation in which they must drive may also be exempt. However, the driver must provide documented proof of the emergency situation in order to qualify for this exception.

6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Hawaii?

Yes, Hawaii prohibits drivers under 21 years of age from buying, possessing, consuming, or being in physical control of any alcoholic beverage.

7. Are there any ignition interlock laws in Hawaii?

Yes, Hawaii has ignition interlock laws. The law in Hawaii requires people convicted of DUI to install an ignition interlock device in their vehicle as part of their sentencing. The device requires drivers to blow into the device in order to start their vehicle. If the device detects alcohol, the vehicle will not start.

8. What type of license suspension is issued for a DUI conviction in Hawaii?

For a first offense DUI conviction in Hawaii, the license suspension is typically 90 days.

9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Hawaii?

Yes, individuals may be required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Hawaii. The court may order the individual to complete an alcohol safety education program, undergo assessment and/or counseling, and/or attend a treatment program as part of probation.

10. Does Hawaii have an implied consent law for chemical testing after a DUI arrest?

Yes, Hawaii has an implied consent law for chemical testing after a DUI arrest. According to the law, any person who operates a vehicle in Hawaii is considered to have given consent to submit to a chemical test (such as a breathalyzer) if there is reasonable suspicion they are driving under the influence. If the driver refuses to take the test, their license can be revoked for up to one year.

11. Are there any laws requiring sobriety checkpoints or roadblocks in Hawaii?

Yes, laws in Hawaii require sobriety checkpoints or roadblocks. The state’s sobriety checkpoint program is administered by the Hawaii Department of Transportation (HDOT). The checkpoints are conducted randomly throughout the state and are designed to detect and apprehend impaired drivers.

12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Hawaii?

Yes, those convicted of a DUI in Hawaii may be subject to certain restrictions on the types of vehicles they may operate. Depending on the severity of the DUI offense, individuals may be required to have an ignition interlock device installed in their vehicle. This device requires drivers to provide a breath sample before being able to start their car, and will track their driving behaviors. Additionally, those convicted of a DUI may have their driver’s license revoked for a period of time, disallowing them from operating any motor vehicle.

13. Is it possible to have a DUI charge reduced to a lesser offense in Hawaii?

Yes, it is possible to have a DUI charge reduced to a lesser offense in Hawaii. Depending on the circumstances and any aggravating factors, such as a high blood alcohol content, the court may agree to reduce the charge to something such as reckless driving or negligent driving.

14. What is the legal limit for open containers of alcoholic beverages while driving in Hawaii?

It is illegal to have an open container of alcohol in a motor vehicle in Hawaii. This includes both the driver and passengers. All containers must be sealed and unopened.

15. Does insurance coverage change after a DUI conviction in Hawaii?

Yes, insurance coverage typically changes after a DUI conviction in Hawaii. Depending on the circumstances of the conviction, the insurance company may raise the rate, cancel the policy, or even refuse to renew the policy.

16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Hawaii?

No. To obtain a valid license after a DUI conviction in Hawaii, the individual must first apply for a restricted license, and then satisfy all requirements for reinstatement of the license. This includes paying all fees, completing any court-ordered programs, and providing proof of sobriety. A person may not drive with a revoked license resulting from a DUI conviction in Hawaii.

17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Hawaii?

Yes, it is illegal to operate a vehicle without insurance in Hawaii after being convicted of a DUI. According to Hawaii Revised Statute 291E-2, “No person who has been convicted of operating a motor vehicle while under the influence of drugs or alcohol shall operate a motor vehicle in this State unless that person has in full force and effect a policy of motor vehicle liability insurance or other security approved by the director of finance.”

18. Is plea bargaining allowed for DUI cases in Hawaii?

Yes, plea bargaining is allowed for DUI cases in Hawaii. Depending on the severity of the offense, the defendant may be able to negotiate a plea deal with the prosecutor in order to avoid harsher penalties or even a conviction.

19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Hawaii?

In Hawaii, the individual has 14 days to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction.

20. Does Hawaii offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?

Yes, Hawaii does offer programs to help individuals get their driver’s license reinstated following a DUI conviction. The process begins with the completion of a DUI court program, as well as an Alochol/Drug Assessment. Once those requirements are completed, individuals must then apply for a restricted license and provide proof of financial responsibility (i.e. an SR-22 form). Once all of these requirements are met, the individual may be eligible for a restricted license.