Hawaii DUI Information
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According to the FBI, there were 4,102 Hawaii DUI arrests in 2004. Of the Hawaii DUI arrests 68 were under the age of 18.
If you have recently been arrested for driving under the influence in Hawaii, we recommend you seek the counsel of a qualified DUI attorney in your local area. Information on the Internet is no substitute for professional legal representation.
An Hawaii DUI (driving under the influence), Hawaii DWI (driving while intoxicated), or other alcohol related offense triggers two seperate actions: one in court (a criminal DUI action), and one at the Division of Motor Vehicles (an administrative DUI action).
You should contact a local attorney to confirm the procedures required to notify the DMV or your intention to challenge the suspension. Always keep some sort of proof relating to the request (return receipt, certified mail).
It is important for anyone charged wiuth a DUI in Hawaii to contact a local attorney to confirm procedures to notify the DMV and to assess their particular case in light of current law. Many DUI attorneys will provide a free initial consultation.
Hawaii DUI Criminal Action Penalties
First DUI Offense (Blood Alcohol Concentration .08 to .20)::
- Jail- One or more: Seventy-two (72) hours of community service; not less than forty-eight (48) hours and not more than five (5) days in custody; 3-a minimum fine of $150 not to exceed $1,000
- School- A minimum fourteen (14) hour substance abuse program, including education and counseling or other program accepted by the court
- Drivers License - Ninety (90) day license suspension, a provisional license is available after thirty (30) days, this suspension is not permissible under Hawaii law if you have already been suspended through the Administrative process.
Additional Consequences:
Mandatory license suspension for not less than ninety (90) days after which a license reinstatement fee must be paid. An additional $25 must be paid into the neurotrama special fund.
Hawaii DUI Enhancements
Enhancements are additional facts that a Judge or Prosecutor may consider in charging the case or sentencing. In many states these factors may include speed, high blood alcohol concentrations, whether there were children in the car, commercial driver, under 21 driver, chemical test refusal or prior convictions for DWI, DUI, OWI.
Refusal
For first offense refusal, penalty is mandatory one year license suspension, additional penalties may occur in court. A second or subsequent offense will result in a revocation of not more than five (5) years.
Elevated Blood Alcohol Concentration
The State of Hawaii does not have enhanced penalties for individuals with blood alcohol concentrations above .20. However, the sentence may vary from Judge to Judge within each jurisdiction.
Prior Conviction
Additional penalties apply for second offenses have a minimum jail sentence of 5 days or 240 hours of community service and a minimum fine of $500. Any offense exceeding a first offense has penalties including ignition interlock device requirement and vehicle impound or forfeiture.
DUI Administrative Action:
At the time of your arrest you were handed a “Request to Reconsider Administrative Revocation of driver’s License” the form has two requests, one relating to the hardship the arrestee will suffer if their license is suspended, the second is for making any admissions relating to the circumstances of the arrest. The administrative process begins shortly after your arrest (within 8 business days) you will receive a notice of decision indicating whether the State will suspend your license, included with that decision is a postcard to request a further review of the evidence. It is important that this request be made within six (6) days of receipt of the decision.
The action taken by the Motor Vehicle Division will be based upon the conviction, a first offender will be suspended for ninety (90) days, after 30 days of suspension or entering the mandatory alcohol education and assessment/education program is available. A second offender will be suspended for one (1) year and a third offender will be revoked from one (1) to five (5) years (although lifetime revocation is possible). Contact an attorney to discuss the process required for reinstatement and the availability of a provisional license in your particular situation.
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