Hawaii DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in Hawaii, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
Hawaii DUI At a Glance
First Offense DUI in Hawaii
Up to 5 days jail or 72 hrs community service, $250–$1,000 fine, 1-year revocation
Hawaii requires substance abuse treatment after conviction
Second Offense DUI in Hawaii
Up to 30 days jail or 240 hrs service, $500–$1,500 fine, 18-month revocation
When Does a DUI Become a Felony in Hawaii?
In Hawaii, a DUI typically becomes a felony charge at the 3rd offense in 5 years. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
Hawaii DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in Hawaii
Hawaii, like all U.S. states, has an implied consent law. By driving on Hawaii roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in Hawaii
Different states use different terminology. Hawaii uses DUI (Driving Under the Influence) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in Hawaii
If you are facing a DUI charge in Hawaii, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension