Hawaii · OVUII

Hawaii OVUII laws and penalties

Hawaii's legal BAC limit is 0.08%. For a first offense, Hawaii's statute provides jail of 48 hours to 5 days and a fine of $250 to $1,000. The license hearing, the ignition interlock rule and the statute behind every figure are below.

In Hawaii the offense is called OVUII (operating a vehicle under the influence of an intoxicant). It is the offense most states call DUI.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.15%; Where the penalties step up
Zero tolerance (under 21): 0.02%; Limit for drivers under 21
Lookback period: 10 years; Prior OVUII offenses that count

License hearing: ask within 6 days

Within 6 days of the date the administrative review decision is mailed. The review itself is automatic: the director's written decision is mailed within 14 days of the notice. Count the days with the license-hearing window calculator.

Ignition interlock required after a first conviction

Higher BAC level. A "highly intoxicated" first offender (0.15 or more) gets an extra 48 consecutive hours in jail and 6 more months of license revocation.

Ignition interlock. Required on all vehicles the person operates during the revocation period.

First-offense sanctions are alternatives (72 hours of community service, 48 hours to 5 days of jail, or a $250 to $1,000 fine); the second-offense fine of $1,000 to $3,000 is mandatory plus either 240 hours of community service or 5 to 30 days of jail. A highly intoxicated driver (.15 or more) adds 48 consecutive hours of jail and 6 months of revocation (first) or 10 days and 1 year (second); the hearing request is due 6 days after the administrative review decision is mailed.

01Penalties

Hawaii OVUII penalties

Statutory ranges for standard OVUII convictions (no accident, no minor in vehicle).

Hawaii statutory OVUII penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	48 hours	5 days
Jail (maximum)	5 days	30 days
Fine (minimum)	$250	$1,000
Fine (maximum)	$1,000	$3,000
License suspension	1 year to 18 months revocation	2 to 3 years revocation

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Hawaii compares

Of the 49 states with a confirmed BAC limit, 48 (Hawaii among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Hawaii requires one after every first conviction.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Hawaii gives 6.

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How an OVUII case moves through the system in Hawaii

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of OVUII and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Within 6 days of the date the administrative review decision is mailed. The review itself is automatic: the director's written decision is mailed within 14 days of the notice.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Hawaii's statute provides jail of 48 hours to 5 days and a fine of $250 to $1,000. See the penalties table above.

04Sources

Where Hawaii's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

Haw. Rev. Stat. § 291E-61(a) (data.capitol.hawaii.gov)Main statute · BAC limit, age 21 and over · Lookback period · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
Haw. Rev. Stat. § 291E-1 (definition of 'highly intoxicated driver'); § 291E-61(b)(4), (b)(5) (data.capitol.hawaii.gov)Higher BAC level · BAC limit under 21
Haw. Rev. Stat. § 291E-38(a); § 291E-37(f)(2), (g) (data.capitol.hawaii.gov)License hearing request

Show the exact words behind each figure

Main statute

Haw. Rev. Stat. § 291E-61

Haw. Rev. Stat. § 291E-61(a)

§291E-61 Operating a vehicle under the influence of an intoxicant. (a) A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle:

BAC limit, age 21 and over

0.08%

Haw. Rev. Stat. § 291E-61(a)(3), (a)(4)

(3) With .08 or more grams of alcohol per two hundred ten liters of breath; or (4) With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood.

Higher BAC level

0.15%

Haw. Rev. Stat. § 291E-1 (definition of 'highly intoxicated driver'); § 291E-61(b)(4), (b)(5)

"Highly intoxicated driver" means a person whose measurable amount of alcohol is: (1) .15 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood; or (2) .15 or more grams of alcohol per two hundred ten liters of the person's breath.

BAC limit under 21

0.02%

Haw. Rev. Stat. § 291E-64(a); § 291E-1 (definition of 'measurable amount of alcohol')

"Measurable amount of alcohol" means a test result equal to or greater than .02 but less than .08 grams of alcohol per one hundred milliliters or cubic centimeters of blood or equal to or greater than .02 but less than .08 grams of alcohol per two hundred ten liters of breath.

Lookback period

10 years

Haw. Rev. Stat. § 291E-61(b)(1), (b)(2)

(1) Except as provided in paragraph (4), for the first offense, or any offense not preceded within a ten-year period by a conviction for an offense under this section or section 291E-4(a):

License hearing request

6 days

Haw. Rev. Stat. § 291E-38(a); § 291E-37(f)(2), (g)

the respondent may request an administrative hearing to review the decision within six days of the date the administrative review decision is mailed.

Ignition interlock, first offense

Required after a first conviction

Haw. Rev. Stat. § 291E-61(b)(1)(C), (b)(7)

A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced without possibility of probation or suspension of sentence as follows: (1) Except as provided in paragraph (4), for the first offense ... (C) Installation during the revocation period of an ignition interlock device on all vehicles operated by the person;

First offense: jail, minimum

48 hours

Haw. Rev. Stat. § 291E-61(b)(1)(D)(ii)

(D) Any one or more of the following: (i) Seventy-two hours of community service work; (ii) No less than forty-eight hours and no more than five days of imprisonment; or (iii) A fine of no less than $250 and no more than $1,000;

First offense: jail, maximum

5 days

Haw. Rev. Stat. § 291E-61(b)(1)(D)(ii)

Same passage as above.

First offense: fine, minimum

$250

Haw. Rev. Stat. § 291E-61(b)(1)(D)(iii)

Same passage as above.

First offense: fine, maximum

$1,000

Haw. Rev. Stat. § 291E-61(b)(1)(D)(iii)

Same passage as above.

First offense: license

1 year to 18 months revocation

Haw. Rev. Stat. § 291E-61(b)(1)(B)

(B) Revocation of license to operate a vehicle for no less than one year and no more than eighteen months;

Second offense: jail, minimum

5 days

Haw. Rev. Stat. § 291E-61(b)(2)(D)(ii)

(D) Either one of the following: (i) No less than two hundred forty hours of community service work; or (ii) No less than five days and no more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

Second offense: jail, maximum

30 days

Haw. Rev. Stat. § 291E-61(b)(2)(D)(ii)

Same passage as above.

Second offense: fine, minimum

$1,000

Haw. Rev. Stat. § 291E-61(b)(2)(E)

(E) A fine of no less than $1,000 and no more than $3,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund;

Second offense: fine, maximum

$3,000

Haw. Rev. Stat. § 291E-61(b)(2)(E)

Same passage as above.

Second offense: license

2 to 3 years revocation

Haw. Rev. Stat. § 291E-61(b)(2)(B)

(B) Revocation of license to operate a vehicle for no less than two years and no more than three years;

05Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

Hawaii OVUII laws at a glance