When a person is arrested on a first offense DUI charge in Hawaii they will actually be facing two separate penalties. The first penalty is the criminal charge of driving under the influence, which will be dealt with in the Hawaii court system.
The second penalty is the administrative action that will be taken against your driving privileges by the Hawaii DMV for violating the state of Hawaii's 'per se' law for operating a motor vehicle with a BAC level of .08% or greater.
A first time offender could potentially be facing fines anywhere from $150 up to more than $1,000 plus court costs. In addition to a $25 surcharge that will be deposited into the neurotrauma special fund.
There is a minimum jail sentence of 48 hours for first time offenders and not more than 5 days maximum in jail. If there was a passenger under the age of 15 in the vehicle at the time of arrest you will have to serve an additional 48 hours of jail time.
Drivers License Revocation
The minimum license revocation for a first offense DUI is 3-months up to a maximum of 1-year. If your BAC level was .15% or greater the minimum revocation period will be 6-months up to a maximum of 1-year. Upon being granted a conditional license or before full reinstate of your license following your revocation period you will be required show proof of financial responsibility to the DMV in the form of an SR22-filing.
You can obtain your SR22 filing and insurance policy by entering your zip code below and completing the simple form on the following page:
Substance Abuse Program
First time DUI offenders will be required to attend and successfully complete a 14-hour substance abuse rehabilitation program.
First time offenders may also be required to serve a minimum of 72 hours of community service.
Chemical Test Refusal
Any first time offender who refuses to submit to a chemical test will have their license revoked for a period of 1-year without the chance of driving during that time.
When a person is arrested on a first offense DUI charge in Hawaii the arresting officer will take your driver's license and issue you what is called a "Notice of Revocation". This notice will serve as your temporary driving permit for the next 30 days.
Important: Hawaii's administrative hearing process is complex and difficult to have a successful outcome if you do not know what you are doing. We strongly urge you to contact our Hawaii DUI lawyers today so that we may help you schedule your administrative hearing and represent you at your hearing.
The purpose of the administrative hearing is for the Administrative Driver's License Revocation Office to review the evidence presented to them by the arresting officer to determine if the officer's initial revocation of your driver's license was justified.
If the hearing office determines that the officer's revocation was not justified, the office will mail you your driver's license and plates no later than 25 days from the date of your arrest. If however, the hearing office upholds the officer's suspension of your license you only have 6 days from that date in which to request an in-person hearing.
A condition of being granted a conditional license or following your revocation period will be to maintain an SR22 filing with the Hawaii Department of Motor Vehicles. Your Hawaii SR22 insurance provider will perform the SR22 filing with the DMV on your behalf.
The SR22 filing is basically just a form that states that for any reason there is a lapse in your insurance coverage that your insurer is to inform the DMV immediately of such a lapse. If this occurs the DMV will cancel your driver's license and send you a letter in the mail informing you of the cancellation. If this happens you will have to bring your SR22 insurance premiums current with your insurer and have them file another SR22 form with the DMV before you will be issued another license.
Hawaii DUI Laws - A complete overview of Hawaii DUI laws including fines, jail time and penalties for each offense.
Hawaii SR22 Insurance - Learn everything you need to know about Hawaii SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your Hawaii SR22 insurance.
Hawaii DUI Lawyers - Contact one of our Hawaii DUI lawyers today.
Hawaii Substance Abuse Programs - We offer a complete listing of Hawaii approved substance abuse program locations.