Hawaii's rule on DUI penalties turns on a feature the national template does not capture: BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense operating a vehicle under the influence is typically a misdemeanor with fines, possible jail, license revocation, substance-abuse assessment, and ignition-interlock requirements. Felony threshold: Habitual OVUII (generally three priors within 10 years) is a class C felony; OVUII causing serious injury or death can also be a felony. The controlling authority is Haw. Rev. Stat. § 291E-61. Lookback: Prior OVUII convictions within 5 or 10 years (depending on the enhancement) escalate penalties.. Ignition interlock: Ignition interlock is required for most OVUII offenders as a condition of a restricted permit.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior OVUII convictions within 5 or 10 years (depending on the enhancement) escalate penalties.
- First-offense range: First-offense operating a vehicle under the influence is typically a misdemeanor with fines, possible jail, license revocation, substance-abuse assessment, and ignition-interlock requirements.
- Felony threshold: Habitual OVUII (generally three priors within 10 years) is a class C felony; OVUII causing serious injury or death can also be a felony.
- Ignition interlock: Ignition interlock is required for most OVUII offenders as a condition of a restricted permit.
- Primary authority: Haw. Rev. Stat. § 291E-61.
Worked example under Hawaii law
The illustration below uses only rules already stated for Hawaii. It is a research hypothetical, not a prediction of what a court will do.
A driver in Hawaii is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense operating a vehicle under the influence is typically a misdemeanor with fines, possible jail, license revocation, substance-abuse assessment, and ignition-interlock requirements.
- Ask when the charge becomes a felony: Habitual OVUII (generally three priors within 10 years) is a class C felony; OVUII causing serious injury or death can also be a felony. Lookback: Prior OVUII convictions within 5 or 10 years (depending on the enhancement) escalate penalties.
- Interlock: Ignition interlock is required for most OVUII offenders as a condition of a restricted permit.
Hawaii OVUII under HRS § 291E-61 proceeds in district court with parallel ADLRO administrative license actions. Defense reviews the stop and Intoxilyzer record.
Blood alcohol limits in Hawaii
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback window for prior offenses
Prior OVUII convictions within 5 or 10 years (depending on the enhancement) escalate penalties.
First-offense penalties
First-offense operating a vehicle under the influence is typically a misdemeanor with fines, possible jail, license revocation, substance-abuse assessment, and ignition-interlock requirements.
When a Hawaii DUI becomes a felony
Habitual OVUII (generally three priors within 10 years) is a class C felony; OVUII causing serious injury or death can also be a felony.
Ignition interlock and license consequences
Ignition interlock is required for most OVUII offenders as a condition of a restricted permit.
How a typical Hawaii DUI case unfolds
Hawaii OVUII under HRS § 291E-61 proceeds in district court with parallel ADLRO administrative license actions. Defense reviews the stop and Intoxilyzer record.
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Case law: DUI penalties in Hawaii
STATE of Hawai'i, Plaintiff-Appellee, v. James L. VLIET, Also Known as Spiderman, Defendant-Appellant
…e, and HRS § 291-4.4 (Supp.1998), which concerns habitually driving under the influence of alcohol or *96 drugs, the offenses described therein are committed if the defendant acted with an intentional, knowing, or reckless state of mind, as provided by HRS § 702-204 (1993). Contrary to the contention of Defendant-Appellant James L. Vliet (Defendant), we conclude the second circ…
Practitioners open STATE of Hawai'i, Plaintiff-Appellee, v. James L. VLIET, Also Known as Spiderman, Defendant-Appellant when Hawaii DUI penalties turns on the distinction in this sentence: "HRS § 291-4.4 (Supp.1998), which concerns habitually driving under the influence of alcohol or *96 drugs, the offenses described therein are committed if the defendant acted with an intentional, knowing, or reckless state of mind, as provided by HRS § 702-204 (1993)." Do not lift it out of the facts the court was deciding.
STATE of Hawai'i, Respondent/Plaintiff-Appellee, v. Kevin K. NESMITH, Petitioner/Defendant-Appellant; State of
…a element need be proven or even alleged. “Since 1983, DUI [Driving under the Influence] has been a per se offense under Hawaii Revised Statutes (HRS) § 291-4(a)(2) (1985) [the predecessor statute to HRS § 291E-61(a)(3) ] requiring the mere proof of 0.10 percent or more by weight of alcohol in the driver’s blood.” State v. Christie, 7 Haw.App. 368, 370, 764 P.2d 1245, 1246 (198…
STATE of Hawai'i, Respondent/Plaintiff-Appellee, v. Kevin K. NESMITH, Petitioner/Defendant-Appellant; State of is worth reading on Hawaii DUI penalties because the court put the point in its own words: "Since 1983, DUI [Driving under the Influence] has been a per se offense under Hawaii Revised Statutes (HRS) § 291-4(a)(2) (1985) [the predecessor statute to HRS § 291E-61(a)(3) ] requiring the mere proof of 0.10 percent or more by weight of alcohol in the driver’s blood.” State v." Use that passage as the starting point, then read the facts that precede it.
STATE OF HAWAII, Plaintiff-Appellee, v. CLIFTON B. GRINDLES, Defendant-Appellant
STATE OF HAWAII, Plaintiff-Appellee, v. CLIFTON B. GRINDLES, Defendant-Appellant, 70 Haw. 528 (1989)
…ppellant Clifton B. Grindles appeals from his conviction of Driving Under the Influence of Intoxicating Liquor (DUI) in violation of Hawaii Revised Statutes (HRS) § 291-4(a)(l). Appellant claims that the district court erred in “bifurcating” the trial into separate hearings on the two methods of committing DUI described in § 291^4(a). We agree and therefore reverse the DUI conv…
On DUI penalties, STATE OF HAWAII, Plaintiff-Appellee, v. CLIFTON B. GRINDLES, Defendant-Appellant speaks to the Hawaii dispute in this passage: "Clifton B. Grindles appeals from his conviction of Driving Under the Influence of Intoxicating Liquor (DUI) in violation of Hawaii Revised Statutes (HRS) § 291-4(a)(l)." The surrounding opinion shows how the court applied that language to the record.
STATE of Hawai'i, Plaintiff-Appellant, v. William ENTREKIN, Defendant-Appellee
STATE of Hawai'i, Plaintiff-Appellant, v. William ENTREKIN, Defendant-Appellee, 98 Haw. 221 (2002)
…he police have probable cause to believe that the driver is driving under the influence of alcohol or drugs. Accordingly, we vacate the district court’s order and remand the case for further proceedings consistent with this opinion. I. BACKGROUND As noted, this case concerns the scope and application of HRS § 286-163, the mandatory testing provision set forth within part VII of…
On DUI penalties, STATE of Hawai'i, Plaintiff-Appellant, v. William ENTREKIN, Defendant-Appellee speaks to the Hawaii dispute in this passage: "Accordingly, we vacate the district court’s order and remand the case for further proceedings consistent with this opinion. I." The surrounding opinion shows how the court applied that language to the record.
STATE of Hawai'i, Plaintiff-Appellee, v. Shane Shigeo SHIMABUKURO, Defendant-Appellant — Levinson, J., concurring
…edicate convictions requisite to a conviction of habitually driving under the influence of intoxicating liquor or drugs, in violation of HRS § 291-4.4 (Supp.1998),1 and that the circuit court therefore erred in denying his motion to dismiss Count I of the indictment. My analysis, however, differs from Justice Acoba’s. In my view, one cannot fairly ascertain the meaning of the p…
Hawaii opinions such as STATE of Hawai'i, Plaintiff-Appellee, v. Shane Shigeo SHIMABUKURO, Defendant-Appellant — Levinson, J., concurring are cited where DUI penalties is disputed. The court stated: "HRS § 291-4.4 (Supp.1998),1 and that the circuit court therefore erred in denying his motion to dismiss Count I of the indictment. My analysis, however, differs from Justice Acoba’s." That is the language to brief; the rest of the decision supplies the procedural posture.
STATE OF HAWAII, Plaintiff-Appellee, v. RONALD BOEHMER, Defendant-Appellant and STATE OF HAWAII, Plaintiff-Appellee
…ent on appeal. In each case, the defendant was arrested for driving under the influence of intoxicating liquor and, after arrest, given a breathalyzer test. As to Defendant Boehmer, the test reading showed 0.11% by weight of alcohol in his blood, and as to Defendant Gogo, 0.10% by weight of alcohol in his blood. In the case of Boehmer, at the time of trial, Gilbert Chang, a cri…
Hawaii opinions such as STATE OF HAWAII, Plaintiff-Appellee, v. RONALD BOEHMER, Defendant-Appellant and STATE OF HAWAII, Plaintiff-Appellee are cited where DUI penalties is disputed. The court stated: "In each case, the defendant was arrested for driving under the influence of intoxicating liquor and, after arrest, given a breathalyzer test. As to Defendant Boehmer, the test reading showed 0.11% by weight of alcohol in his blood, and as to Defendant Gogo, 0." That is the language to brief; the rest of the decision supplies the procedural posture.
STATE OF HAWAII, Plaintiff-Appellant, v. DONALD R. KUBA, Defendant-Appellee
STATE OF HAWAII, Plaintiff-Appellant, v. DONALD R. KUBA, Defendant-Appellee, 68 Haw. 184 (1985)
…und there was insufficient evidence to indict Defendant for Driving Under the Influence of Drugs. Finally, the trial court invalidated the seizure of two and one-half methaqualone tablets as products of the initial illegal interrogation. For the reasons stated below, we reverse the orders and remand the case for trial. I. On April 27, 1983 at about 1:00 a.m. on Nuuanu Avenue, O…
On DUI penalties, STATE OF HAWAII, Plaintiff-Appellant, v. DONALD R. KUBA, Defendant-Appellee speaks to the Hawaii dispute in this passage: "Defendant for Driving Under the Influence of Drugs. Finally, the trial court invalidated the seizure of two and one-half methaqualone tablets as products of the initial illegal interrogation. For the reasons stated below, we reverse the orders and remand the case for trial. I." The surrounding opinion shows how the court applied that language to the record.
STATE of Hawai'i, Plaintiff-Appellant v. Kyle Evan DOMINGUES, Defendant-Appellee
…HRS § 291-4.4, which pertained to the offense of habitually driving under the influence of intoxicating liquor or drugs. Accordingly, we vacate the circuit court's June 21, 2002 order dismissing without prejudice the indictment against Domingues and remand the present matter to the circuit court for further proceedings. I. BACKGROUND On March 21, 2002, an O'ahu grand jury retur…
Practitioners open STATE of Hawai'i, Plaintiff-Appellant v. Kyle Evan DOMINGUES, Defendant-Appellee when Hawaii DUI penalties turns on the distinction in this sentence: "HRS § 291-4.4, which pertained to the offense of habitually driving under the influence of intoxicating liquor or drugs." Do not lift it out of the facts the court was deciding.
Frequently asked questions
What is the legal BAC limit in Hawaii?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in Hawaii?
Habitual OVUII (generally three priors within 10 years) is a class C felony; OVUII causing serious injury or death can also be a felony.
Will I need an ignition interlock device?
Ignition interlock is required for most OVUII offenders as a condition of a restricted permit.
This guide covers Hawaii impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.