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 three mandatory items: a 14-hour rehabilitation program, a license revocation of one year to 18 months, and an ignition interlock device. On top of those, the court imposes any one or more of 72 hours of community service, 48 hours to five days in jail, or a $250 to $1,000 fine.

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, three items are mandatory on a first offense: a 14-hour minimum substance abuse rehabilitation program, a license revocation of not less than one year and not more than 18 months, and installation of an ignition interlock device on any vehicle the person operates during the revocation period.

The jail, community service, and fine are not a package. Subsection (b)(1)(D) directs the court to impose any one or more of the following: 72 hours of community service work; no less than 48 hours and no more than five days of imprisonment; or a fine of no less than $250 and no more than $1,000. A defendant can therefore leave court with a fine and no jail, or with community service and no fine.

A first offender who was a highly intoxicated driver, meaning a measured alcohol concentration of 0.15 or more, is sentenced under subsection (b)(4) to an additional mandatory 48 consecutive hours of imprisonment and an additional mandatory six-month revocation, and the revocation may not be less than 18 months. That added jail time has no community service alternative. 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 during the revocation period, which runs one year to 18 months. That is not always the full term. Under HRS 291E-61(b)(6), a first offender who was not given an additional revocation period for a highly intoxicated reading or for carrying a passenger under 15 may move for early termination of the revocation after actually keeping the device on every vehicle for a continuous six months and then a further three continuous months without a violation. The motion must include a certified court abstract and a certified statement from the director of transportation, and the court may still decline if it finds that continued interlock use would further the person's rehabilitation or compliance. 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 no less than 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. The sentence is either an indeterminate five-year term of imprisonment or five years of probation with at least 10 days in jail, a $2,000 to $5,000 fine, and a three-to-five-year revocation with an interlock. If the driver was highly intoxicated at 0.15 or more, HRS 291E-61.5(d) makes habitual OVUII a Class B felony instead, carrying either an indeterminate 10-year term of imprisonment or five years of probation with permanent license revocation, no less than 18 months of imprisonment, and a fine of $5,000 to $25,000. Under both subsections, a vehicle owned and operated by the offender is subject to forfeiture under HRS chapter 712A. 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. With two cases running at once, have a Hawaii OVUII lawyer look at the ADLRO hearing and the criminal charge in a free consultation (attorney advertising). Keep the arrest paperwork, the notice of administrative revocation, and any test results in a safe place.

More Hawaii Laws

• Hawaii Expungement Laws
• Hawaii Warrant Search

Frequently Asked Questions

What is the BAC limit in Hawaii?

The per se limit is 0.08 percent BAC under HRS 291E-61. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a zero-tolerance rule under HRS 291E-64 that bars driving after consuming any measurable amount of alcohol.

How long do you lose your license for a first OVUII in Hawaii?

A first OVUII conviction carries a license revocation of one year to 18 months under HRS 291E-61. The ADLRO administrative revocation for failing the test runs at least one year, and it applies separately from the criminal case.

Is a first OVUII a felony in Hawaii?

No. A first OVUII is a petty misdemeanor. OVUII becomes a Class C felony on the third offense within 10 years under HRS 291E-61.5 (habitual OVUII), or a Class B felony if the driver was highly intoxicated at 0.15 or more, and an OVUII that causes serious injury or death can be charged as a felony regardless of offense number.

Do you need an interlock for a first OVUII in Hawaii?

Yes. HRS 291E-61 requires an ignition interlock device on any vehicle a first offender drives during the revocation period. A first offender who wants to keep driving applies for an ignition interlock permit and installs the device during the one-year to 18-month revocation. Under HRS 291E-61(b)(6), a first offender who received no additional revocation period may move for early termination after six continuous months with the device plus three further months without a violation.

What happens if you refuse a breathalyzer in Hawaii?

Under implied consent, refusing the chemical test triggers a two-year administrative license revocation for a first refusal under HRS 291E-41, longer than the one-year revocation for failing the test. The refusal can also be used as evidence in the criminal case.

How long does an OVUII stay on your record in Hawaii?

An OVUII conviction stays on your criminal record permanently because Hawaii does not allow expungement of adult OVUII convictions. For enhancement, a prior OVUII counts for 10 years under Hawaii's look-back period.

Can you get an OVUII expunged in Hawaii?

Generally no. Hawaii limits expungement under HRS 831-3.2 to non-conviction arrests, so a dismissed OVUII can be expunged but a conviction cannot. The narrow exception is an underage conviction under HRS 291E-64, not an adult first OVUII under HRS 291E-61.

What is the look-back period for OVUII in Hawaii?

Hawaii uses a 10-year look-back period. Prior OVUII convictions within 10 years escalate a later offense to second offender status and, at the third offense, to a Class C felony under HRS 291E-61.5.