The following penalties apply to the court proceedings if you are found
guilty of DUI. A conviction for DUI drugs and alcohol are substantially
the same.
|
FIRST OFFENSE |
SECOND OFFENSE |
THIRD OFFENSE |
| No conviction
within the past 5 years of HRS 291-4 or 291-4.4 or 291E |
Within 5 years
of a prior conviction of HRS 291-4 or 291-4.4 or 291E |
Within 5 years
of 2 prior convictions of HRS 291-4 or 291-4.4 or 291E |
| 14 hour minimum alcohol abuse
education and counseling program |
1 year absolute license
suspension |
License revocation of 1 to 5
years |
| 90 day absolute license
suspension (or a 90 day suspension period of which a minimum of 30 days
must be absolute, and for the remaining period a license restriction for
work related purposes and to attend alcoholism treatment program) |
$500 to $1,500 fine |
$500-2,500 fine |
One or more of the following:
- $150 to $1,000 fine
- 72 hours of community service work
- 48 hours to 5 days imprisonment
|
Plus one of the following:
- Not less than 240 hours community service work
- 5 to 14 days imprisonment (at least 48 hours
to be served consecutively)
|
10 to 30 days imprisonment (at
least 48 hours to be served consecutively) |
| Alcohol Assessment and possible
treatment |
Alcohol Assessment and possible
treatment |
Alcohol Assessment and possible
treatment |
| Convicted
operator of vehicle, 18 years or older, with passenger younger than 15
years of age:
|
A fourth conviction within 10 years of 3 prior convictions for
DUI is a separate crime of Habitual DUI. This is a class C felony,
punishable by up to 5 years in jail and a $10,000 fine. Your license can
also be revoked for up to 5 years (but it can also be revoked on the civil side
for life in this category).
