In Hawaii, you can get a DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in Hawaii says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Hawaii and other details about Hawaii DUI law.
In Hawaii, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?
Here are the consequences for not taking a breathalyzer or blood test in Hawaii, broken out by whether this is your first, second, or third offense:
1 year license revocation
2 years license revocation
2 years license revocation
In Hawaii, when do police have to measure your blood alcohol content (BAC)?
In Hawaii, law enforcement officers are supposed to measure your BAC at the time of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.
What is the maximum BAC for drivers under 21 in Hawaii?
In Hawaii, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is 0%. Hawaii is a "zero tolerance" state. Penalties include 180 day suspension of license (first offense); 1 year suspension (second offense); 2 year suspension (third offense).
What are the minimum jail times for a DUI in Hawaii?
Here are the minimum jail times for a DUI in Hawaii, broken out by whether this is your first, second, or third offense:
No minimum required jail time
No minimum required jail time (if defendant does 240 hours community service)
10 days jail
How long will prior DUI convictions remain relevant for sentencing purposes in Hawaii?
In Hawaii, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for 5 years.
Can a DUI be “pleaded down” to a "wet reckless" in Hawaii?
No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in your state.
If you are interested in contacting a lawyer, you can find a DUI lawyer in your area in Nolo's Lawyer Directory.
Are ignition interlock devices (IIDs) required for convicted DUI offenders in Hawaii?
Yes, for all convictions. The device must be installed for the duration of the period of license revocation (first offense: 1 year; second offense: 18 months; third offense: 2 years).
Where can I get more information about DUI laws in Hawaii?
Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Hawaii DUI attorneys in your area.
Last updated on 09/01/2010.