First DUI Offense in Hawaii: Penalties, License Revocation & Defense Options

A first DUI offense in Hawaii can have serious consequences, even if you have never been arrested or convicted for impaired driving before. Hawaii law refers to DUI as Operating a Vehicle Under the Influence of an Intoxicant (OVUII), and a first offense can result in license revocation, ignition interlock requirements, substance abuse treatment, community service, imprisonment, and fines.

A first DUI conviction does not automatically mean that you will receive the maximum available penalties. The circumstances of the stop, chemical testing, field sobriety testing, arrest, and other evidence can affect how a case is handled.

If you are facing a first DUI charge in Hawaii, understanding the potential penalties and your defense options can help you make informed decisions about your case.

Important: Hawaii DUI/OVUII laws can be complex and may change. This article provides general legal information and is not a substitute for advice from a qualified Hawaii DUI defense attorney.

What Is Considered a First DUI Offense in Hawaii?

Under Hawaii Revised Statutes §291E-61, a person may be charged with Operating a Vehicle Under the Influence of an Intoxicant when they operate or assume actual physical control of a vehicle:

• While under the influence of alcohol to an extent that impairs normal mental faculties or the ability to care for themselves and guard against casualty;
• While under the influence of a drug that impairs their ability to operate the vehicle carefully and prudently;
• With an alcohol concentration of 0.08 or more grams per 210 liters of breath; or
• With an alcohol concentration of 0.08 or more grams per 100 milliliters of blood.

For sentencing purposes, Hawaii law generally treats an offense as a first offense when it is not preceded within the applicable 10-year period by a qualifying conviction.

A first offense can therefore be serious even when there is no prior DUI conviction on your record.

What Are the Penalties for a First DUI in Hawaii?

Under the current version of HRS §291E-61, a first OVUII offense can result in several mandatory consequences.

For a standard first offense, the law provides for:

• At least 14 hours of substance abuse rehabilitation, including education and counseling, or a comparable court-approved program;
• Driver’s license revocation for at least one year and up to 18 months;
• Installation of an ignition interlock device during the revocation period;
• One or more of the following:
  • 72 hours of community service;
  • 48 hours to five days of imprisonment; or
  • A fine of $250 to $1,000;
• A $25 neurotrauma special fund surcharge; and
• Potentially an additional trauma system surcharge of up to $25 if ordered by the court.

These are statutory consequences for a conviction. The outcome of an individual case can depend on the facts, evidence, procedural issues, and whether the charge results in a conviction.

First DUI Penalties at a Glance

The court does not necessarily impose every alternative listed above. The statute provides for one or more of the specified sanctions.

Can Your License Be Revoked for a First DUI?

Yes.

A first DUI conviction can result in a court-ordered driver’s license revocation of at least one year and up to 18 months under HRS §291E-61.

However, there is another important issue: administrative license revocation.

Hawaii has an administrative process handled by the Administrative Driver’s License Revocation Office (ADLRO). This process is separate from the criminal DUI case.

The ADLRO handles administrative reviews and hearings involving people arrested for OVUII and can determine whether driving privileges should be administratively revoked.

This means a person facing a DUI arrest may have to deal with both:

1. The criminal DUI/OVUII case; and
2. The administrative driver’s license revocation process.

Understanding the difference between these two proceedings is important when protecting your driving privileges.

What Happens to Your License After a DUI Arrest?

After an OVUII arrest, law enforcement generally takes possession of the driver’s license and provides a Notice of Administrative Revocation (NOAR).

For an alcohol-related offense, the notice generally establishes a 30-day period before the administrative revocation becomes effective if the director ultimately revokes the person’s driving privileges. For a drug-related offense, the statutory period is generally 44 days.

The Hawaii Judiciary explains that the ADLRO generally has 8 calendar days for an alcohol-related offense to process its review decision. For a drug-related offense, the general period is 22 calendar days.

The deadlines following an arrest can therefore be extremely important.

Can You Challenge an Administrative License Revocation?

Potentially, yes.

For an alcohol-related OVUII arrest, the Hawaii Judiciary states that the person generally has 3 calendar days from the date the notice of administrative revocation was issued to submit written information to ADLRO explaining why the license should not be revoked. For a drug-related offense, the stated period is generally 17 calendar days.

An administrative hearing may also be available when appropriate.

Because these deadlines can be very short, anyone facing an OVUII arrest should carefully review the documents received from law enforcement and consider obtaining legal advice promptly.

What Is an Ignition Interlock Device?

An ignition interlock device is a breath-testing device connected to a vehicle’s ignition system.

The device requires the driver to provide a breath sample before starting the vehicle and may require additional tests while the vehicle is being operated. Hawaii law defines the device as one designed to prevent operation when the person’s alcohol concentration is 0.02 or higher.

For a first DUI conviction, Hawaii law generally requires installation of an ignition interlock device during the applicable license-revocation period.

There may also be an opportunity for an eligible person with an administratively revoked license to obtain an ignition interlock permit and continue driving subject to applicable restrictions. The Hawaii Judiciary’s ADLRO provides information concerning ignition interlock permits and employee driver permits.

What If Your BAC Was .15 or Higher?

Hawaii law has enhanced consequences for a person classified as a “highly intoxicated driver.”

Under HRS Chapter 291E, a highly intoxicated driver is generally a person whose measurable alcohol concentration is 0.15 or higher based on the statutory blood or breath measurement.

For a first offense involving a highly intoxicated driver, the law currently provides additional consequences, including:

• An additional 48 consecutive hours of imprisonment; and
• An additional six-month license revocation period.

The resulting revocation period must be at least 18 months.

Because a high BAC can significantly affect the potential consequences of a first DUI, the circumstances surrounding chemical testing can be especially important.

Read More: DUI vs. OVUII in Hawaii: What’s the Difference?

Can a First DUI Charge Be Defended?

Yes. Being arrested or charged with DUI does not automatically mean that the prosecution can prove every element of the offense beyond a reasonable doubt.

A DUI defense attorney may examine the entire sequence of events, including the traffic stop, observations by the officer, field sobriety testing, chemical testing, and arrest procedures.

Depending on the circumstances, potential defense issues may include:

1. Legality of the Traffic Stop

An attorney may examine whether the officer had a legally sufficient basis to stop the vehicle.

If the stop itself was unlawful, evidence obtained as a result of the stop may become an important issue in the case.

2. Field Sobriety Testing

Field sobriety tests can be affected by factors other than alcohol impairment.

For example, an attorney may examine:

• Weather conditions;
• Road or surface conditions;
• Lighting;
• Footwear;
• Physical limitations;
• Medical conditions;
• Instructions given by the officer; and
• Whether the test was administered according to applicable procedures.

3. Breath or Blood Testing

Chemical-test evidence can be an important part of a DUI prosecution.

A defense lawyer may examine issues involving:

• The type of test used;
• Testing procedures;
• Calibration and maintenance;
• Operator qualifications;
• Timing of the test;
• Chain of custody;
• Whether proper procedures were followed; and
• Whether the test results are reliable.

4. Whether the Evidence Establishes Impairment

Hawaii law recognizes more than one way to establish OVUII. The prosecution may rely on evidence of impairment, a qualifying alcohol concentration, or drug-related impairment depending on the circumstances.

An attorney can review whether the available evidence actually establishes the required elements.

5. Statements Made During the Investigation

Statements made to law enforcement can become part of the evidence.

A lawyer can review the circumstances in which statements were obtained and determine whether there are constitutional or evidentiary issues that should be addressed.

Does a First DUI Always Result in a Conviction?

No.

An arrest is not the same thing as a conviction.

The prosecution must prove the charged offense under the applicable legal standard. Depending on the evidence and circumstances, a DUI case may result in different outcomes, including dismissal, acquittal, a negotiated resolution, or conviction.

The possible outcome depends heavily on the individual facts of the case.

For that reason, someone facing a first DUI should not assume that the statutory maximum or typical penalty is automatically what they will receive.

Should You Hire a First-Time DUI Lawyer?

A first DUI can be particularly confusing because a person may be dealing with both a criminal case and an administrative driver’s license proceeding.

A first-time DUI lawyer can review the circumstances of the arrest, explain the potential consequences, examine the evidence, and help determine what legal options may be available.

An attorney may also help you understand:

• Your administrative license-revocation deadlines;
• The potential criminal penalties;
• Whether evidence can be challenged;
• Whether there are grounds for dismissal;
• Whether a negotiated resolution may be possible;
• Ignition interlock requirements;
• Court procedures; and
• The potential consequences of a conviction.

The earlier a lawyer can review the case, the more effectively the attorney can identify time-sensitive issues.

Similar Link: Hawaii Criminal Attorney: What Services Does a Criminal Defense Lawyer Provide?

What Should You Do If You Are Facing Your First DUI in Hawaii?

If you are facing your first DUI charge, consider taking these steps:

1. Read all documents you received after the arrest

Pay particular attention to the Notice of Administrative Revocation and any temporary driving permit.

2. Pay attention to deadlines

Administrative license proceedings can involve very short deadlines. Missing a deadline can affect your ability to challenge the administrative revocation.

3. Do not assume that a first DUI is minor

Hawaii’s first-offense penalties can include license revocation, ignition interlock, rehabilitation, community service, imprisonment and fines.

4. Preserve relevant information

Keep copies of:

• Citation and arrest paperwork;
• Notice of administrative revocation;
• Test results, if provided;
• Court documents;
• Insurance information; and
• Any other documents related to the arrest.

5. Speak with a Hawaii DUI defense attorney

A lawyer can review the facts of your case and explain which legal options may be available.

Frequently Asked Questions About a First DUI in Hawaii

How long is your license revoked for a first DUI in Hawaii?

For a first OVUII conviction, the statutory license-revocation period is generally at least one year and no more than 18 months. Additional consequences can apply in certain circumstances, including cases involving a highly intoxicated driver.

How much is a first DUI fine in Hawaii?

A first OVUII offense can carry a fine of $250 to $1,000, along with other possible penalties and surcharges.

Can you go to jail for a first DUI in Hawaii?

Yes. A first offense can involve 48 hours to five days of imprisonment, or the statute’s alternative sanctions, depending on the circumstances and sentence imposed. Additional mandatory imprisonment can apply to a highly intoxicated driver.

Is an ignition interlock required for a first DUI?

Hawaii’s first-offense statute requires installation of an ignition interlock device during the applicable revocation period.

What BAC is considered a DUI in Hawaii?

For the alcohol-concentration provisions of HRS §291E-61, a person can be considered under the influence at 0.08 or more grams of alcohol per 210 liters of breath or 0.08 or more grams per 100 milliliters of blood. Hawaii law also prohibits driving while sufficiently impaired by alcohol or certain drugs.

Is a first DUI a felony in Hawaii?

A standard first OVUII offense under HRS §291E-61 is not generally classified as a felony. However, the circumstances of a case can affect the applicable offense and penalties, so anyone facing a charge should have the specific charge reviewed by an attorney.

Can you challenge a Hawaii DUI license revocation?

There may be administrative procedures available through ADLRO to challenge an administrative revocation. Because deadlines can be very short, it is important to review the Notice of Administrative Revocation and applicable deadlines promptly.

Get Help With a First DUI in Hawaii

A first DUI charge can affect your driving privileges, finances, employment and future record. Even when you have no previous DUI convictions, Hawaii law provides significant penalties for a first OVUII offense.

The most important question is not simply what the statutory penalty is. It is whether the evidence in your particular case supports the charge and whether there are legal issues that could affect the outcome.

If you are facing a first DUI in Hawaii, speaking with an experienced Hawaii DUI defense lawyer can help you understand your rights, the potential consequences, and the defense options available in your case.

Contact a Hawaii DUI defense attorney to discuss your case and your legal options.