Hawaii Traffic Violations

A traffic violation occurs when a person does not abide by the laws governing motor vehicle operation. Traffic violations in Hawaii are classified either as crimes or civil infractions based on the nature of the violation. Understanding how and why Hawaii distinguishes between crimes and civil infractions, and how this impacts the violation, is important for legal reasons, financial planning, and the civil aspects of the violation.

What Counts as a Traffic Violation in Hawaiʻi?

Hawaiʻi’s Statewide Traffic Code and related statutes establish regulations that guide how drivers must behave on public roads. A civil traffic infraction is considered a minor violation of traffic movement or control that results in a monetary penalty rather than incarceration. Conversely, traffic crimes like reckless driving or driving without insurance are serious offenses that can result in jail time, fines, or both.

Types of Traffic Violations in Hawaiʻi

In Hawaii, the common types of traffic violations include:

• Speeding / Excessive Speeding – Routine speeding in Hawaii falls under the civil infraction category as defined by the Statewide Traffic Code. In contrast, excessive speeding is considered a criminal offense under the Hawaii Revised Statutes §291-105. A driver is guilty of this offense if they travel 30 mph or more above the posted speed limit or at a speed of 80 mph or higher, regardless of the limit.
• Driving without a license; driving while suspended/revoked– Driving with a suspended or revoked license, or without a valid license, constitutes a traffic crime that violates Hawaii’s licensing laws.
• Driving without insurance (no-fault) – This indicates that an individual is operating a motor vehicle without the state’s no-fault motor vehicle insurance coverage as mandated by the Hawaii Revised Statutes §431:10C-104.
• Red-light/Stop-sign violations & Failure to yield– These are civil traffic infractions under the Hawaii Revised Statutes §291C-32 and §291C-63.
• Reckless driving – Operating a vehicle “in reckless disregard for safety” is a misdemeanor, punishable by up to 30 days in jail and up to a $1,000 fine.
• Hit-and-run / Leaving the scene – In Hawaii, drivers are required to stop, provide assistance, and exchange information whenever a crash results in injury, death, or property damage.
• Distracted driving (mobile devices) – It is unlawful to operate a vehicle while using a mobile electronic device, and violations carry set fines.
• OVUII (DUI) – According to the Hawaii Revised Statutes §291E-61, it is illegal to operate a vehicle while impaired or with a blood/breath alcohol concentration of 0.08% or more. Moreover, drivers under 21 must not drive with any measurable amount of alcohol in their system.

Traffic Violation Penalties in Hawaiʻi

In Hawaii, many traffic infractions can be settled electronically without a court appearance. The consequences for such violations often involve monetary penalties, community service, and required participation in a driving course.

Excessive speeding (petty misdemeanor): For a first offense, the penalties may involve a fine between $500 and $1,000, a 15- to 30-day license suspension, and up to 36 hours of community service.

Driving without insurance: Under Hawaii’s No-Fault Law, a first-time offender faces a minimum $500 fine and a mandatory license suspension of three months. Subsequent offenses may result in increased fines up to $5,000, longer suspensions, and even vehicle impoundment.

OVUII (DUI): In Hawaii, an OVUII conviction can have lasting effects that go beyond fines and jail time. It can lead to higher insurance costs, limited job opportunities, and a permanent criminal record.

Phones while driving: The use of a mobile phone or other electronic device while driving is considered a civil traffic infraction in Hawaii, punishable by a $297 fine, or $347 if the violation occurs in a school or construction zone.

Hawaiʻi does not follow a conventional point-based system for driver’s licenses. Nevertheless, traffic convictions remain on record and can cause license suspension or other consequences, depending on the severity of the violation.

How to Search for Traffic Violation Records in Hawaiʻi

1. eCourt KoKua/ Online Traffic Case Search: Traffic case records in Hawaii are publicly available through the eCourt KoKua portal. The portal enables searches by case number, citation number, or party name.
2. eTraffic Hawaii: Through this portal, users can access and settle most non-court traffic and parking citations online within 21 days after they are issued.
3. Traffic Abstracts: A certified traffic abstract in Hawaii lists all reported moving violations and any related convictions. To request a copy, the applicant must mail the subject's personal details, license number, a self-addressed stamped envelope, and a $20 money order to the relevant District Court.
4. Driver History (DMV-style) Record: The Hawaii Department of Transportation provides access to Driver History Records (DHR). Individuals can request their own records at DHR offices in their county. Nevertheless, to request someone else’s record, they must submit the official Request for Hawaiʻi Driver History Record form, include a self-addressed stamped legal-sized envelope, and enclose a $9 money order payable to the appropriate District Court.

A Hawaii traffic violation record includes important details such as the driver’s name, violation dates, offense types, court outcomes, fines paid, and the license number.

How Long Do Violations Stay on Record in Hawaiʻi?

In Hawaii, most traffic violations stay on a person’s driving record for three to five years, depending on the type of offense. Serious violations, however, can remain on record for up to 10 years, especially if they involve a criminal conviction or license suspension.

A narrow exception exists for a first under-21 alcohol-and-driving conviction under Hawaii Revised Statutes §291E-64. If all legal requirements are satisfied, the courts have the authority to expunge the records when the individual turns 21.