Hawaii DUI/DWI Laws: Penalties, Court Process, and Records

A DUI is the legal term for driving under the influence of alcohol, drugs, or both. In Hawaii, the legal term for driving under the influence is OVUII (Operating a Vehicle Under the Influence of an Intoxicant). Hawaii has strict penalties for this offense, which can include fines, imprisonment, and participation in required educational programs. This article discusses the DUI/OVUII laws in Hawaii, the penalties involved, the court procedures, how accessible records are, and the duration that offenses stay on a person's record.

What Is a DUI (OVUII) in Hawaii?

Hawaii's impaired driving law is outlined in HRS §291E-61. The formal charge isOperating a Vehicle Under the Influence of an Intoxicant (OVUII), which includes impairment from both alcohol and drugs..

The legal thresholds are:

• 0.08% BAC for most drivers age 21 and older
• 0.04% BAC for commercial drivers
• 0.02% BAC for drivers under 21 (zero tolerance law)

Additionally, a person can be charged with OVUII if they are significantly impaired by illegal drugs, prescription drugs, or other intoxicants, no matter what their BAC is.

DUI/OVUII Penalties in Hawaii

Hawaii uses a 10-year look-back period when determining penalties for repeat offenders.

• First Offense (Misdemeanor):
  • First-time offense attracts a minimum of fourteen hours in a substance abuse rehabilitation program, which includes education and counseling
  • A one-year suspension of the license and the ability to drive during this suspension
  • Imprisonment for at least forty-eight hours but not exceeding five days
  • A fine ranging from a minimum of $150 to a maximum of $1,000
• Offense (within 5 years of a prior conviction):
  • A license and privilege to drive a vehicle can be revoked for a period of no less than eighteen months and no more than two years.
  • A fine ranging from a minimum of $500 to a maximum of $1,500
  • An ignition interlock device must be installed on any vehicle that the person drives during the revocation period
  • The individual may face imprisonment for a minimum of five days and a maximum of thirty days, with at least forty-eight hours required to be served consecutively.
• Offense (within 5 years of two prior convictions):
  • Suspension of driving privileges and license for two years during the revocation period
  • Imprisonment for a minimum of ten days and a maximum of thirty days, with at least forty-eight hours to be served consecutively
  • A fine ranging from a minimum of $500 to a maximum of $2,500

Stricter penalties are enforced for a BAC of 0.15% or higher, driving with kids in the car, or causing harm or fatalities. DUI manslaughter can lead to lengthy prison sentences and a lifetime loss of driving privileges.

DUI Arrest and Court Process in Hawaii

The DUI (OVUII) process in Hawaii involves both administrative license actions and criminal charges:

1. Traffic Stop and Arrest – If an officer suspects impairment, they may administer field sobriety tests and chemical testing. Refusal results in automatic license revocation under Hawaii’s implied consent law.
2. Booking and Charges – The person accused is processed and charged under OVUII laws.
3. Administrative License Revocation (ALR) – The Hawaii Administrative Driver’s License Revocation Office (ADLRO) will automatically revoke driving privileges unless a hearing is requested.
4. Arraignment – The defendant goes to court, learns about the charges, and enters a plea.
5. Pre-Trial Motions – The defense can challenge the evidence or the way the arrest was made.
6. Trial – If no plea agreement is reached, the case will be heard by a judge.
7. Sentencing – If found guilty, the penalties can include fines, jail time, community service, license suspension, and treatment programs.

How to Search for DUI Records in Hawaii

DUI/OVUII records in Hawaii are public. However, how you can access these records may vary by type:

• Hawaii State Judiciary eCourt Kokua: This is an online portal where you can search for DUI/OVUII cases by name or case number. It displays case status and sentencing.
• Hawaii Administrative Driver’s License Revocation Office (ADLRO): This office keeps track of records related to license suspensions and revocations that happen because of DUI arrests.
• Hawaii Criminal Justice Data Center (HCJDC): This system offers official criminal history records for a fee.
• Clerk of Court Offices: You can obtain certified copies of DUI cases from your local Court Clerk's Office in person.
• Third-Party Background Check Services: Third-party providers offer a DUI record look-up service for a small fee. However, records might not always be officially accurate.

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

The duration of DUI/OVUII records in Hawaii varies:

• Criminal Record: A DUI (OVUII) conviction remains permanent on a criminal record. Hawaii does not allow expungement of DUI convictions.
• Driving Record: DUI/OVUII convictions stay on your driving record in Hawaii for 10 years.
• Insurance and Employment: Having a DUI usually makes your insurance costs go up for 5 to 10 years.

With increasing penalties, required treatment, and felony charges for repeat offenders, Hawaii’s approach focuses on both discouraging bad behavior and helping people recover. Drivers, employers, and researchers must understand Hawaii’s DUI laws because of the severe consequences of a DUI conviction in the state. DUI records in Hawaii can be accessed through the state’s court system and licensing agencies.