Hawaii OVUII Laws: Penalties, BAC Limit & License (2026)

In Hawaii the drunk-driving offense is called operating a vehicle under the influence of an intoxicant (OVUII), and Hawaii Revised Statutes 291E-61 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first OVUII carries 48 hours to five days in jail or 72 hours of community service, a $250 to $1,000 fine, and a license revocation of one year to 18 months.

This guide is part of our DUI Laws by State series.

What counts as an OVUII in Hawaii

Hawaii's core impaired-driving statute, HRS 291E-61, defines OVUII two ways. A person commits the offense by operating a vehicle while under the influence of alcohol or drugs in an amount sufficient to impair the ability to drive, or by operating a vehicle with a BAC of 0.08 percent or more measured within three hours of driving. Because the impairment branch does not require a specific number, a driver below 0.08 can still be convicted if the State proves impairment. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under the zero-tolerance rule in HRS 291E-64, which bars operating after consuming a measurable amount of alcohol. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes. A reading of 0.15 percent or more is treated as highly intoxicated and raises the mandatory minimums on a first offense.

First-offense OVUII penalties in Hawaii (jail, fines, suspension)

A first OVUII is a petty misdemeanor. Under HRS 291E-61, the sentencing options on a first offense include 48 hours to five days of jail or 72 hours of community service, a fine of $250 to $1,000, and a mandatory 14-hour minimum substance abuse rehabilitation program. The statute also requires a license revocation of not less than one year and not more than 18 months, and the installation of an ignition interlock device on any vehicle the person operates during the revocation period. A first offender whose BAC was 0.15 percent or more faces heightened minimums, including more jail or community service time. Surcharges for the neurotrauma and trauma-system special funds are added on top of the base fine.

Watch out: The ADLRO administrative revocation and the criminal OVUII case run on separate tracks. You can resolve or beat the criminal charge and still lose your license through the ADLRO, and you generally must request an administrative hearing within a few days of arrest to contest it.

Ignition interlock requirements in Hawaii

Hawaii's ignition interlock rules are among the strictest in the country. Under HRS 291E-61, a first offender's sentence includes installation of an ignition interlock device on any vehicle the person operates during the revocation period. In practice, a first offender who wants to keep driving applies for an ignition interlock permit and installs the device for the length of the revocation, which runs one year to 18 months. The device requires a breath sample before the engine starts and at random intervals while driving, and the driver pays for installation, monthly monitoring, and removal. For second and later offenses the interlock term scales up with the longer revocation periods, and a driver under a lifetime revocation must follow a separate ignition interlock permit process before driving again.

License revocation and the administrative (ADLRO) process in Hawaii

Hawaii runs two revocation tracks at once. The administrative track is handled by the Administrative Driver's License Revocation Office (ADLRO), part of the state Judiciary, which acts on the arrest itself, independent of the criminal court outcome. The arresting officer issues a notice of administrative revocation that also serves as a temporary permit, and the driver may request a hearing to contest the revocation within the short statutory window. A first administrative revocation for failing the test runs at least one year. The criminal case under HRS 291E-61 carries its own court-ordered revocation of one year to 18 months. To reinstate, a driver must serve the revocation, complete the rehabilitation program, satisfy the interlock requirement, and pay reinstatement fees.

Repeat offenses and the Hawaii look-back period

Hawaii counts prior OVUII convictions within a 10-year look-back window, so penalties climb sharply for offenses inside that period. A second OVUII within 10 years carries five to 30 days of jail or up to 240 hours of community service, a $1,000 to $3,000 fine, a 36-hour minimum treatment program, and a two-to-three-year revocation under HRS 291E-61. The felony threshold sits at the third offense: a person who has two or more prior OVUII convictions within 10 years, or a prior felony OVUII, commits habitually operating a vehicle under the influence under HRS 291E-61.5, a Class C felony punishable by up to five years of imprisonment or probation, at least 10 days in jail, a $2,000 to $5,000 fine, and a three-to-five-year revocation. An OVUII that causes serious injury or death can be charged as negligent injury or negligent homicide regardless of offense number.

Watch out: Refusing the chemical test does not protect your license. A first refusal triggers a two-year administrative revocation under HRS 291E-41, longer than the one-year revocation for failing the test, and the refusal can be used against you in the criminal case.

Refusing a breath or blood test in Hawaii

Hawaii's implied consent law, in HRS 291E-11, provides that by driving in the state you have agreed to a breath, blood, or urine test if lawfully arrested for OVUII. Refusing the test carries its own administrative sanction under HRS 291E-41: a two-year license revocation for a first refusal, four years for a second within 10 years, and longer for further refusals. Because the refusal revocation is longer than the revocation for failing the test, refusing usually makes the license consequences worse, not better. During a refusal-based revocation, a driver who wants to drive must use an ignition interlock permit. The driver may contest the refusal revocation through the ADLRO hearing process within the statutory deadline.

Can you expunge or seal an OVUII in Hawaii

Hawaii does not allow expungement of an adult OVUII conviction. Under HRS 831-3.2, expungement is generally limited to arrests that did not lead to a conviction, so a dismissal or acquittal can be expunged but a conviction cannot. The state Attorney General's Hawaii Criminal Justice Data Center, which processes expungement applications, applies the same rule to OVUII. The narrow statutory exception is for an underage offender convicted under HRS 291E-64 (operating after consuming a measurable amount of alcohol while under 21), which is expungement-eligible; an adult first OVUII conviction under HRS 291E-61 is not. A felony habitual OVUII under HRS 291E-61.5 is likewise not eligible.

What to do after an OVUII arrest in Hawaii

A Hawaii OVUII creates two matters at once: a criminal case in the District Court and an administrative case at the ADLRO. The deadlines are short, so a common first step is to request an ADLRO hearing within the statutory window after arrest, because missing it generally means the administrative revocation takes effect automatically. The criminal case proceeds on its own schedule from arraignment through resolution. General information cannot tell you how your case will come out, since the outcome depends on the facts, the evidence, and your record. Many people consult a licensed Hawaii OVUII attorney to understand the charge, the ADLRO deadline, and the options for both the criminal case and the license case. Keep the arrest paperwork, the notice of administrative revocation, and any test results in a safe place.