Hawaii criminalizes driving under the influence (DUI) of drugs and alcohol. The offense is sometimes called an “OVUII” (operating a vehicle under the influence of an intoxicant), and includes actual operation or being in actual physical control of a vehicle:
+ with a blood alcohol content (BAC) of .08% or greater (.04% or more if the driver is operating a commercial vehicle)
+ while the driver’s ability to operate a vehicle in a careful and prudent manner is impaired by drugs or other intoxicants, or
+ while the driver’s mental faculties are diminished to some material degree because of consuming alcohol.
A DUI involving a BAC of .08% or more is considered a per se DUI. For a per se DUI, impairment is presumed and does not have to be proven.
| OVUII Offense |
Jail Time |
Fee |
Suspended License Period |
| First |
48 hours to 5 days
|
$250 to $1000 |
1 year |
| Second |
5 to 30 days
|
$1000 to $3000 |
24 months to 3 years |
| Third or subsequent offense |
5 years probation
|
$2000 to $5000 |
3 to 5 years |
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