Is Reckless Driving a Crime in Hawaii? Penalties, Speeding and License

Hawaii makes reckless driving a crime under Hawaii Revised Statutes 291-2: anyone who "operates any vehicle ... recklessly in disregard of the safety of persons or property" faces a fine of up to $1,000, up to 30 days in jail, or both, which makes it a petty misdemeanor under HRS 701-107(4). Hawaii also has a separate, speed-based crime: under HRS 291C-105, driving 30 mph or more over the applicable limit, or 80 mph or more on any road, is excessive speeding, a petty misdemeanor with a mandatory license suspension.

Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Hawaii state statutes on reckless driving (HRS 291-2), inattention to driving (HRS 291-12), excessive speeding and racing (HRS 291C-103 and 291C-105), license consequences in HRS chapters 286 and 287, resisting an order to stop, and driving without a valid license. It does not cover OVUII (DUI) penalties (see Hawaii DUI laws), homicide offenses (see Hawaii manslaughter laws), leaving the scene of a crash (see Hawaii hit-and-run laws), county ordinances or administrative rules, or commercial-driver and federal rules beyond a short note. For other states, see reckless driving laws by state.

What is reckless driving in Hawaii?

Hawaii's reckless driving law is one sentence. HRS 291-2 provides:

"Whoever operates any vehicle or rides any animal recklessly in disregard of the safety of persons or property is guilty of reckless driving of vehicle or reckless riding of an animal, as appropriate, and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both." HRS 291-2

The offense has two parts: operating a vehicle, and doing it recklessly in disregard of the safety of persons or property. The section lists no specific acts and names no speed.

The Hawaii Penal Code defines acting recklessly in HRS 702-206(3). A person acts recklessly with respect to conduct "when he consciously disregards a substantial and unjustifiable risk that the person's conduct is of the specified nature," and a risk is substantial and unjustifiable if its disregard "involves a gross deviation from the standard of conduct that a law-abiding person would observe in the same situation."

Where the reckless driving law applies

Section 291-2 covers "any vehicle" and contains no place limit. Chapter 291C, the statewide traffic code, has a highway-only rule in HRS 291C-21, but that rule applies to "parts III to XIV" of chapter 291C; reckless driving sits in a different chapter, chapter 291.

Is reckless driving a misdemeanor in Hawaii? Penalties

Reckless driving is a crime in Hawaii, but its grade is petty misdemeanor, the level below a misdemeanor. HRS 701-107(4) makes a crime a petty misdemeanor if it "is defined by a statute other than this Code that provides that persons convicted thereof may be sentenced to imprisonment for a term not to exceed thirty days." Section 291-2 sets exactly that maximum.

The penalty in Section 291-2 is:

• a fine of not more than $1,000;
• imprisonment of not more than 30 days; or
• both.

The section has no higher tier for a repeat offense, an injury or property damage. Act 143 of 2026, which lowered the maximum jail term for many one-year offenses to 364 days, does not change reckless driving, because its maximum is 30 days.

When dangerous driving falls under a more serious offense

• Resisting an order to stop, first degree. Under HRS 710-1026.9, a driver who intentionally fails to obey an officer's direction to stop and, while fleeing, "Operates the person's motor vehicle in reckless disregard of the safety of other persons," or in reckless disregard of the risk of exceeding the limit by 30 mph or more or reaching 80 mph, commits a class C felony. HRS 706-660(1)(b) sets five years as the class C felony term.
• Resisting an order to stop, second degree. Intentionally failing to obey an officer's direction to stop is a misdemeanor under HRS 710-1027.
• Reckless endangering in the second degree. Under HRS 707-714(1)(a), conduct that "recklessly places another person in danger of death or serious bodily injury" is a misdemeanor. The section does not mention vehicles.
• A death. When a driver causes a death, the homicide offenses apply, including negligent homicide in the third degree, which HRS 707-704(1) defines as causing a death "by the operation of a vehicle in a manner which is simple negligence"; see Hawaii manslaughter laws.

How fast is reckless driving in Hawaii?

Section 291-2 sets no speed at which driving becomes reckless. Hawaii instead has a separate speed-based crime, excessive speeding. HRS 291C-105(a) provides that no person shall drive a motor vehicle at a speed exceeding:

"(1) The applicable state or county speed limit by thirty miles per hour or more; or (2) Eighty miles per hour or more irrespective of the applicable state or county speed limit." HRS 291C-105(a)

The "applicable" limit is one set by county ordinance, by official signs of the director of transportation, or for school zones and construction areas under HRS 291C-104 (HRS 291C-105(b)).

Excessive speeding penalties

A violation is a petty misdemeanor, and HRS 291C-105(c) requires sentencing "without the possibility of probation or suspension of sentence." For a first offense with no prior excessive speeding conviction in the preceding five years, Section 291C-105(c)(1) requires:

• a fine of not less than $500 and not more than $1,000;
• a 30-day prompt license suspension, or, at the court's option, a suspension of at least 15 days followed by a work-purpose restricted license for the rest of the 30 days;
• a driver retraining course;
• a $25 neurotrauma surcharge, a trauma system surcharge of up to $100 if the court orders it, and a driver education assessment; and
• either 36 hours of community service, or not less than 48 hours and not more than five days of imprisonment.

For a second offense within five years of a prior conviction, Section 291C-105(c)(2) requires a fine of not less than $750 and not more than $1,000; a 30-day prompt license suspension "with an absolute prohibition from operating a vehicle during the suspension period"; driver retraining; the same surcharges and driver education assessment; and either at least 120 hours of community service or 5 to 14 days of imprisonment, at least 48 hours of it served consecutively. A third offense within five years of two prior convictions is a misdemeanor under Section 291C-105(d), again without probation or suspension of sentence, with:

• "A mandatory minimum jail sentence of thirty days";
• revocation of the license "for a period of not less than ninety days but not more than six months";
• driver retraining, the same surcharges and the driver education assessment; and
• forfeiture of the vehicle used in the offense under chapter 712A, "if the court so orders."

The section does not state a maximum jail term for the misdemeanor tier. Under HRS 706-663 as amended by Act 143 of 2026, a misdemeanor carries up to 364 days, or up to one year if it is a crime of violence as defined in HRS 134-1.

The basic speed rule

Below those thresholds, HRS 291C-101 requires every driver to keep to a speed that is "reasonable and prudent and having regard to the actual and potential hazards and conditions then existing." A chapter 291C provision without its own penalty is a "violation" under HRS 291C-161, fined not more than $250 for a first violation, $300 for a second within one year, and $500 for a third or later one within one year. Section 291C-161 also covers automated speed enforcement and photo red light fines; see Hawaii traffic camera tickets.

Reckless driving points and license consequences in Hawaii

Hawaii's driver licensing chapter (HRS 286), traffic offense chapters (HRS 291 and 291C) and traffic infractions chapter (HRS 291D) contain no demerit-point system. License consequences for reckless driving come from three statutes:

• Discretionary court suspension or revocation. Under HRS 291C-170, "the court may revoke or may suspend, for a period not to exceed one year, the license of any driver convicted of a violation of any section or provision of the state traffic laws involving a vehicle in motion." HRS 286-125 gives courts the same discretion for any traffic law conviction "involving a vehicle in motion."
• Proof of financial responsibility. HRS 287-20(b)(1) lists "Reckless or inattentive driving" among the offenses for which, when a court "has discretion to revoke or suspend a driver's license but does not revoke or suspend the license," the administrator "after the expiration of thirty days from the date of conviction ... shall suspend the license" and keep it suspended until the person "furnishes and thereafter maintains proof of financial responsibility."
• Mandatory revocation is narrower. HRS 286-124 requires a court to revoke a license "forthwith" only on a conviction of "manslaughter or for negligent homicide in the first or second degrees resulting from the operation of a motor vehicle." Reckless driving is not on that list.

Excessive speeding is different: its suspension and revocation periods are mandatory parts of the sentence (HRS 291C-105(c), (d)).

Commercial drivers

HRS 286-231 defines a commercial driver's "serious traffic violation" to include "Reckless driving or driving a commercial motor vehicle in disregard of the safety of persons or property." Under federal motor carrier rules (49 C.F.R. 383.51(c)), a second serious traffic violation within three years disqualifies a commercial driver for 60 days and a third for 120 days, and a conviction in a personal vehicle counts only "if the conviction results in the revocation, cancellation, or suspension" of the license or non-commercial driving privileges; the reckless driving laws by state hub covers the federal layer.

Inattention to driving: Hawaii's careless driving offense

Hawaii's traffic chapters (HRS 291 and 291C) contain no offense called careless driving. The lower-level offense is inattention to driving, HRS 291-12:

"Whoever operates any vehicle negligently as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property shall be fined not more than $500 or imprisoned not more than thirty days, or both, and may be subject to a surcharge of up to $100, which shall be deposited into the trauma system special fund." HRS 291-12

The differences from reckless driving:

• Mental state. Section 291-12 uses "negligently"; Section 291-2 uses "recklessly."
• Result. Inattention to driving requires a collision with, or injury or damage to, a person, vehicle or property. Reckless driving does not require any harm.
• Penalty. Up to $500 (plus the surcharge) instead of up to $1,000; both allow up to 30 days, so both are petty misdemeanors under HRS 701-107(4).

Inattentive driving is also on the HRS 287-20(b)(1) list that triggers a financial-responsibility suspension when the court does not suspend the license.

Street racing and exhibitions of speed in Hawaii

HRS 291C-103(a) provides that, except as HRS 291C-149 allows, "no person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test, or exhibition prohibited by this section."

The penalties in Section 291C-103 are:

• Racing and other prohibited contests: a fine of not more than $500, imprisonment of not more than six months, or both (291C-103(b)).
• An exhibition of speed or acceleration: a fine of not more than $500, community service, or both (291C-103(b)). The statute defines an exhibition as "the sudden acceleration of a vehicle resulting in the screeching of the vehicle's tires that is done to intentionally draw the attention of persons present toward the vehicle" (291C-103(d)).
• Racing at 30 mph or more over the posted limit: a fine of not more than $2,000, imprisonment of not more than one year, or both (291C-103(c)). A further offense within five years of a prior conviction adds a one-year license suspension; within five years of two prior convictions, a three-year suspension, and the court may order forfeiture of a vehicle owned by the defendant that "has been used in at least two prior offenses that resulted in convictions."

Section 291C-103 does not name a grade; under HRS 701-107(3), a crime defined outside the Penal Code with a one-year maximum is a misdemeanor, so the tier in subsection (c) is a misdemeanor. The one-year term in subsection (c) is now subject to Act 143 of 2026, which provides that any offense that is not a crime of violence and is punishable "by a term of imprisonment up to or not exceeding one year, shall be punishable by a term of imprisonment not to exceed three hundred sixty-four days."

Chapters 291 and 291C contain no separate street-takeover, drifting or aggressive-driving offense.

Does Hawaii have a wet reckless?

No. Neither HRS 291-2 nor chapter 291E, which contains Hawaii's operating-under-the-influence (OVUII) law, has a provision on an alcohol-related reckless driving plea, and chapter 291E does not treat a reckless driving conviction as an impaired-driving prior. HRS 287-20(b)(1) does list reckless driving alongside impaired-driving offenses, but only among the convictions that trigger the financial-responsibility suspension. For impaired-driving penalties, see Hawaii DUI laws.

Driving without a license in Hawaii

• No license. HRS 286-102(a) provides that, apart from listed exceptions such as instruction permits and provisional licenses, no person "shall operate any category of motor vehicles listed in this section without first being appropriately examined and duly licensed."
• Suspended or revoked license. HRS 286-132 provides that no one whose license "has been canceled, suspended, or revoked may drive any motor vehicle upon the highways of this State while the license, right, or privilege remains canceled, suspended, or revoked," except as HRS 291E-62 provides.
• License not in possession. Under HRS 286-116(a), a person charged with not carrying a license may not be convicted if the person produces in court, or proves from official records, a license that was "valid at the time of the person's arrest."

HRS 286-136(a) sets the penalty for both driving without a license (286-102) and driving while suspended or revoked (286-132):

Act 212 of 2024 (effective July 1, 2024) made the third offense a class C felony. A minor under 18 under family court jurisdiction "shall either lose the right to drive a motor vehicle until the age of eighteen or be subject to a fine of $500" (HRS 286-136(c)), and HRS 286-136(d) lets a person who cannot pay a fine petition the court for more time, a reduction or community service. Other violations of that part of chapter 286, such as not carrying a license, are fined up to $1,000 (HRS 286-136(b)).

Driving while a license is suspended or revoked for an impaired-driving reason is punished separately under HRS 291E-62(c). For a first offense, it carries "no less than three consecutive days and no more than thirty days" of imprisonment, a fine of $250 to $1,000, and revocation "for an additional year," without probation or suspension of sentence. Subsection (c) of Section 291E-62 is scheduled for repeal and reenactment on June 30, 2028 (L 2023, c 148).

Hawaii reckless driving and related offenses: penalty table

Hawaii's sentencing ranges come from HRS 706-660 (felony terms), HRS 706-663 (misdemeanor and petty misdemeanor terms) and HRS 706-640 (fines). HRS 706-640(1) authorizes fines of up to $10,000 for a class C felony, $2,000 for a misdemeanor and $1,000 for a petty misdemeanor or violation, or "Any higher or lower amount specifically authorized by statute." HRS 706-663, as amended by Act 143 of 2026, limits a misdemeanor jail term to 364 days, or one year for a misdemeanor that is a crime of violence, and a petty misdemeanor to 30 days. For the full class table, see Hawaii felony and misdemeanor classes.

Recent changes

• 2026: 364-day misdemeanor cap. Act 143 (HB 1548), signed and effective June 24, 2026, amended HRS 706-663 so that a misdemeanor carries up to 364 days instead of one year, keeping one year for a misdemeanor that is a crime of violence, and added a general rule capping any offense that is not a crime of violence and carries up to one year at 364 days. It changes the one-year terms for racing at 30 mph or more over the limit, a third excessive speeding conviction, a second driving-without-a-license offense and second-degree resisting an order to stop. It does not change reckless driving, which has a 30-day maximum.
• 2026: move-over rule widened. Act 95 (HB 1692), signed June 5, 2026 and effective on approval, added a move-over duty for any stationary vehicle on the roadway or shoulder displaying warning signals. Under the existing emergency-vehicle rule in HRS 291C-27(c), a violation is a "violation" if no death or injury results; if a death or injury results, the driver is charged under the negligent homicide or negligent injury sections.
• 2025: excessive speeding ladder rewritten. Act 170 (SB 97), effective July 1, 2025, rewrote HRS 291C-105 so that a third conviction within five years is a misdemeanor under subsection (d). The act "does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date."
• 2024: third unlicensed-driving offense a felony. Act 212 (HB 2526), effective July 1, 2024, made a third driving-without-a-license or suspended-license offense within five years a class C felony with possible vehicle forfeiture.
• 2028: speed-limiting device permits (future law). Act 260 (HB 2023), approved July 15, 2026, takes effect January 1, 2028. It amends HRS 291C-103, 291C-105 and 286-132 to let a court issue a permit to drive with an active intelligent speed assistance system during a racing or excessive speeding suspension, and adds offenses for tampering with such a system and for driving a vehicle without one. Until that date, the current text described above applies.
• Reckless driving itself. HRS 291-2 was last amended in 1998 (L 1998, c 287).

Related Hawaii laws

• Reckless driving laws by state
• Hawaii DUI laws
• Hawaii manslaughter laws
• Hawaii felony and misdemeanor classes
• Hawaii traffic camera tickets
• Hawaii hit-and-run laws
• Hawaii expungement laws

This article is general legal information about Hawaii law, not legal advice. For a specific situation, contact a lawyer licensed in Hawaii, or your county's driver licensing office for license questions.

Last updated: 2026-10-25.

Frequently Asked Questions

Is reckless driving a misdemeanor in Hawaii?

It is a petty misdemeanor, one level below a misdemeanor. HRS 291-2 sets a fine of up to $1,000, up to 30 days in jail, or both, and HRS 701-107(4) grades any crime with a 30-day maximum as a petty misdemeanor.

How fast is reckless driving in Hawaii?

HRS 291-2 sets no speed. Driving 30 mph or more over the applicable limit, or 80 mph or more on any road, is the separate crime of excessive speeding under HRS 291C-105, with a $500 to $1,000 fine and a 30-day license suspension (or 15 days plus a work-restricted license) for a first offense.

Does Hawaii use points for reckless driving?

No. Hawaii's driver licensing and traffic statutes (HRS chapters 286, 291, 291C and 291D) contain no demerit-point system. A court may suspend or revoke the license for up to one year under HRS 291C-170.

Will a reckless driving conviction suspend my license in Hawaii?

Suspension by the court is discretionary (HRS 291C-170, 286-125). If the court does not suspend or revoke, HRS 287-20(b) requires the administrator to suspend the license 30 days after conviction until proof of financial responsibility is filed and maintained.

What is inattention to driving in Hawaii?

Under HRS 291-12, it is operating a vehicle negligently so as to cause a collision, injury or damage. It carries a fine of up to $500, up to 30 days, or both, plus a possible surcharge of up to $100.

Is street racing illegal in Hawaii?

Yes. HRS 291C-103 bars races, speed contests, drag races and exhibitions of speed. Racing carries up to $500 and six months; racing at 30 mph or more over the posted limit carries up to $2,000 and a jail term capped at 364 days for an offense that is not a crime of violence (Act 143 of 2026).

Does Hawaii have a wet reckless?

No. Neither the reckless driving section, HRS 291-2, nor chapter 291E, Hawaii's impaired-driving law, has a provision on an alcohol-related reckless driving plea.

What is the penalty for driving without a license in Hawaii?

Under HRS 286-136(a), a first offense carries a fine of up to $1,000, up to 30 days, or both. A second within five years carries $500 to $1,000 or up to 364 days (Act 143 of 2026, for an offense that is not a crime of violence), and a third within five years is a class C felony.