Second Offense DUI in Hawaii

Felony v. Misdemeanor

In Hawaii, a person will be charged with DUI if he or she is caught operating a vehicle with a blood alcohol concentration of 0.08 % or higher. A first time DUI offense in Hawaii is a misdemeanor offense. A second DUI offense is also considered a misdemeanor offense. However if there are aggravating circumstances such as property damage or bodily injury, the offense will can be tried as a felony offense. 

Administrative Penalties

In Hawaii a person arrested for DUI will be subject administrative penalties that are independent from the DUI case. The person’s driver’s license will be suspended for one year. The person will be issued a temporary driving permit for the period of suspension. During the period of suspension, the person will have to pay for and have an ignition interlock device. Generally after the DUI arrest, the person will receive a notice from the Administrative Driver's License Revocation Agency about the intention to suspend the license. The person must seek an administrative hearing against the cancellation within 6 days of the notice. The license will be automatically suspended if the request is not made within time.

Look Back Period

All states have a look back period for DUI offenses. This can vary between 5 years and lifetime. In Hawaii the look back period is 5 years. So a person who has been previously convicted for a DUI offense within the last 5 years will be subject to enhanced penalties for the subsequent DUI offense.

Criminal Penalties

The penalties for a second offense DUI in Hawaii are very severe. If convicted for a second DUI offense within 5 years, the person can be sent to jail or made to pay a huge fine. The fine ranges between $500 and $1000. The jail term can be anywhere between 5 days and 14 days. The court can order the person to do 240 hours of community service instead of sending him or her to jail.

Plea Options

In Hawaii, there are two plea options for a person charged with a second offense DUI – guilty or not guilty. A guilty plea will result in conviction where a not guilty plea will result in the case going to trail. Hawaii laws do not allow plea negotiations for a second offense DUI.

Always Talk to a Lawyer

The criminal, administrative and social consequences of repeat DUI convictions are serious. Always talk to a defense attorney immediately after being charged with a DUI or any other crime. It's important to have a legal expert on your side to protect your interests and your rights.