Hawaii's Reckless and Inattentive Driving Laws and Penalties

In Hawaii, unsafe driving can lead to "reckless driving" or "inattention to driving" charges and serious penalties. This article explains how Hawaii defines these offenses and the consequences of a conviction.

What's Considered "Reckless Driving" in Hawaii?

In Hawaii, a person can be convicted of "reckless driving" for operating a vehicle "recklessly in disregard of the safety of persons or property." Generally, a person acts "recklessly" when he or she is aware that the conduct involves a substantial risk but decides to do it anyway. (Haw. Rev. Stat. Ann. § 291-2.)

Hawaii's Reckless Driving Penalties

A motorist who's convicted of reckless driving is looking at up to 30 days in jail and/or a maximum of $1,000 in fines.

If a reckless driving offense results in the death of another person, negligent homicide charges are also possible.

What's Considered "Inattention to Driving" in Hawaii?

Hawaii has a less serious offense called "inattention to driving." The offense is defined as causing a collision, damage to property, or injury to a person while driving "negligently." Generally, a person acts "negligently" when he or she should be—but isn't— aware that the conduct involves a substantial risk. (Haw. Rev. Stat. Ann. § 291-12.)

Hawaii's Inattention to Driving Penalties

The consequences of an inattentive driving violation are less severe than those for reckless driving. A motorist who's convicted of inattentive driving faces up to 30 days in jail and/or a maximum of $500 in fines. The driver is also subject to a $100 surcharge.

Reckless Driving and DUI Charges ("Wet Reckless") in Hawaii

In Hawaii, it's possible for a driver who's charged with driving under the influence, also called "operating a vehicle under the influence an intoxicant" (OVUII), to "plea bargain" for a lesser charge. When a DUI is plea-bargained down to a reckless driving charge, it's sometimes called a "wet reckless."

Talk to a Hawaii Defense Attorney

The facts of every case are different. If you've been arrested for or charged with reckless driving, get in contact with an experienced defense attorney. A qualified attorney can explain how the law applies to the facts of your case and help you decide on how best to handle your situation.