Like in most other states, certain Hawaii drunk driving penalties to those people who are caught driving a vehicle with a BAC (blood alcohol content) of 0.08 or above. For commercial vehicle drivers, the BAC limit is 0.04; for minors (under 21), it is 0.02. As per the “Implied Consent Law” applicable in Hawaii, you have the right to decline to submit to a chemical test of urine, breath, or blood. You will not be awarded any penalty or fine for this. In most other states, refusal to take these test often result in immediate license suspension for a certain period of time. There are no such provisions in Hawaii.
First Dui Conviction In Hawaii
When you get convicted for the first time in a dui or dwi case in this state, the following Hawaii drunk driving penalties may apply.
- The court is very much likely to order you to complete a substance abuse or dui education program.
- A minimum seventy-two hours of community service is mandatory.
- You may also be charged a Special Trauma Fund Surcharge that may range from just $25 to $50.
- In cases, where it is proved that you were driving your vehicle with a BAC limit of over 0.15, there will be absolute prohibition on driving for you and your driver license will be suspended for a minimum period of six months with no options to get the same reinstated.
- In cases, where the BAC level is found to be less than 0.15, you may have to face a license suspension for thirty to ninety days. In general, you can apply to get the license reinstated, but it is entirely up to the court to take a final decision in this regard.
- The mandatory monetary fine ranges from $150 to $1000. However, it is important to note that if you were driving with a BAC of 0.08 or above while there was a child under 15 years of age was also sitting in your vehicle, you will have to pay an additional penalty of $500.
- You are also very much likely to be sent to jail for at least forty-eight hours. The maximum period of jail imprisonment can be five days. Here again, if there was a child under 15 sitting in your vehicle while you were driving with a BAC level of more than the permissible limit, you may have to spend additional forty-eight hours in jail.
Second Dui Conviction In Hawaii
A second time conviction in a dui case in Hawaii attracts the following Hawaii drunk driving penalties.
- Mandatory competition of a substance abuse or education program as ordered by the court. These programs charge a certain amount of fees for enrollment, which you will have to bear.
- At least 240 hours of community service.
- You will have to pay anywhere from $50 to $75 as special fund surcharge.
- There will be a prompt license suspension for at least twelve months.
- The minimum monetary fine is $500; the maximum is $1500. There may also be an additional penalty of $500 if you were driving crossing the BAC limit while there was an under-5 child also sitting in your vehicle.
- The jail imprisonment period may range from five to fourteen days. You may also have to spend additional 48 hours in jail if a child under 15 was also in the vehicle.
Third Dui Conviction In Hawaii
The following Hawaii drunk driving penalties apply for a third time conviction in a dui case in Hawaii.
- You will have to complete a substance abuse or dui education program as ordered by the court. Certain fees will be charged to you for that.
- You will have to participate in community service for at least 240 hours.
- You will also have to pay a flat Special Fund Surcharge of $50.
- Your vehicle will be forfeited as per the provisions of the Chapter 72A.
- Your driving license will be suspended for a minimum period of one year; the maximum period is five years.
- The mandatory monetary fine for a fourth dui conviction in Hawaii may range from $500 to $2500. An additional fine of $500 may also be applicable if an under-15 child was also sitting in the vehicle while you were caught with dui charges.
- The jail imprisonment period varies depending upon the severity of the offence. The minimum period is ten days; the maximum is thirty days. An addition forty-eight hours of jail term if an under-15 child was also in the vehicle.
Overall, we can see that Hawaii drunk driving penalties can be very severe. Driving under the influence of alcohol in Hawaii simply means you are risking your future, finances, and freedom, and not to mention lives of other people.