Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Hawaii, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN HAWAII

In Hawaii, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having a Hawaii license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked. Your license will be suspended or revoked, if you are convicted of DUI/DWI. The punishment will depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense may result in imprisonment of two to five days and/or a fine of $150 to $1000. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs:
   • Your license will be suspended for at least 90 days and up to one year.
   • You have to pay an additional $25 towards a neurotrauma special fund.
   • You may have to do 72 hours of community service.
   • You are required to undergo a minimum of 14 hours substance abuse rehab program.
   • You may be eligible to drive using the conditional license after 30 days of suspension provided you meet certain requirements. Contact the local driver license office for more information.
   • If your BAC is over 0.15% you are treated as a highly intoxicated driver and your license is suspended for a minimum of six months. You are also not eligible for conditional licenses.
2. The second offense or two offenses in five years may result in imprisonment of five to 14 days and/or a fine of $500 to $1,500. Also, if convicted for the second offense of DWI or DUI:
   • Your license will be revoked for a minimum of one year and up to two years.
   • You have to pay an additional $25 towards a neurotrauma special fund.
   • You may have to do 240 hours of community service.
   • You are required to undergo a minimum of 14 hours substance abuse rehab program.
   • You may be eligible to apply for a conditional license provided you meet certain requirements. Contact the local driver license office for more information.
3. The third offense or three offenses in five years may result in imprisonment of 10 to 30 days and/or fine of $500 to $2,500. Also, if convicted for the third offense of DWI, DU:
4. Your license will be revoked for two to four years.
5. Your vehicle may be impounded.
6. You have to pay an additional $25 towards a neurotrauma special fund.
7. You may be eligible to apply for a conditional license provided you meet certain requirements. Contact the local driver license office for more information.
8. The fourth offense or four offences in ten years ("habitual offender") is treated as a Class C Felony and may result in imprisonment for up to five years and may result in a life time revocation of your driver license; or it could be five years of probation with a mandatory one to five years revocation of license and a minimum of 10 days of imprisonment. Also there will be a referral to a substance abuse counselor.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. Your license may be suspended or revoked for 180 days if your BAC is higher than 0.02% as per the "Zero Tolerance" law.
2. You will be required to attend an alcohol abuse counselling program for at least 10 hours.
3. You may have to do a minimum of 36 hours of community service and pay a fine of $150 to $500.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. You will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. If your BAC is less than 0.04% but there is a detectable amount of alcohol in your system, you will be put "out-of-service" for 24 hours by the arresting officer.
2. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
3. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

The immediate consequence if a test shows that your blood alcohol level is beyond the permissible limits is the revocation of your license. This is purely an administrative action and quite apart from any criminal charges and penalties that the courts decide. You will be given a 30-day temporary driving permit and you may request a hearing. It is a good idea to consult a DUI/DWI lawyer before you request an administrative hearing.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the local driver license office, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked. You may be required to submit an SR-22 certificate from your insurer towards proof of financial responsibility before your license can be reinstated. For more information on reinstatement requirements and where to submit the application contact your local driver license office.

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.