Hawaii Driving Under the Influence Law

In common with many other States, a DUI arrest in Hawaii will lead to two cases being brought against the defendant, a criminal case and a Hawaii Department of Motor Vehicle Safety case. If you have been arrested for DUI in Hawaii, you have only 10 days in order to apply for a hearing at the Hawaii Department of Motor Vehicle Safety in order to retain your driver's license. It is therefore essential that you contact a Hawaii DUI lawyer as soon as possible.

Charges for DUI in Hawaii can be brought under either, or both, the doctrine of being under the influence of alcohol or drugs whereby the defendant's mental or physical capabilities are impaired, in the opinion of the arresting officer, affecting the defendant's ability to drive. The second recourse of action is to Blood Alcohol Concentration, currently set at 0.08%, under which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven.

After 5 years, any subsequent DUI conviction is regarded as a first offense. The first three convictions are considered to be a misdemeanor the fourth is upgraded to a felony.