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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
48 hours to 5 days
$250 to $1000 1 year
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