Hawaii DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §291E-61
A first DUI in Hawaii is classified as a petty misdemeanor.
- Jail: 72 hours minimum to 5 days (community service may substitute) maximum
- Fine: $150 to $1,000
- License suspension: 1 year (with ignition interlock permit available after 30 days)
- Substance abuse program: substance abuse assessment and recommended treatment required
- Community service: 72-hour community service may substitute for mandatory jail
- Probation: available
Second offense
- Jail: 240 hours (10 days) minimum to 30 days maximum
- Fine: $500 to $1,500
- License suspension: 18 months revocation
Third and subsequent offenses
- Jail/prison: 10 days minimum to 30 days maximum
- Fine: $500 to $2,500
- License suspension: 2-year revocation; 4-year revocation (3rd within 5 years)
- Felony threshold: fourth offense within 10 years is a Class C felony (up to 5 years prison)
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | 72 hours–5 days (community service may substitute) §291E-61 | $150–$1,000 §291E-61 | 1 year (with ignition interlock permit available after 30 days) §291E-61 | |
| Second DUI | 240 hours (10 days)–30 days §291E-61 | $500–$1,500 §291E-61 | 18 months revocation §291E-61 | |
| Third DUI | 10 days–30 days §291E-61 | $500–$2,500 §291E-61 | 2-year revocation; 4-year revocation (3rd within 5 years) §291E-61 |
Lookback period
Hawaii uses a 10 years Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors
- BAC ≥ 0.15 (increased fines and longer IID period)
- Child under 15 in vehicle (separate offense under § 291E-61.5)
- Prior offenses within 10-year lookback
- DUI causing serious bodily injury (§ 291E-61.5)
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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