In the state of Hawaii, driving under the influence (DUI) or driving while intoxicated (DWI) is an offense that is punishable by law. Anyone operating a motor vehicle and has a Blood Alcohol Content (BAC) of 0.08% or higher is considered in violation of a DUI offense. For drivers who are under the age of 21 years old, the limit is set at 0.04%.
Hawaii DUI – statute(s) HRS § 291E-61.
Hawaii DUI – standard
“A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle: . . . [w]hile under the influence of any drug that impairs the person’s ability to operate the vehicle in a careful and prudent manner.” HRS § 291E-61(a)(2).
Hawaii DUI – applicable substances
- Any drug, which means “any controlled substance, as defined and enumerated in schedules I through IV of chapter 329, or its metabolites.” HRS § 291E-1. DUI – affirmative defense None.
Hawaii Per se – statute(s)
Hawaii DUI Implied consent – applicable drivers
- Person who operates a motor vehicle upon a public street, road or highway in Hawaii. HRS § 291E-11(a).
Hawaii DUI Implied consent – tests authorized
- Test or tests approved by the director of health of breath, blood, or urine. HRS § 291E-11(a),(d).
Hawaii DUI Implied consent – basis for test
- Test can be requested if LEO has “probable cause to believe” the driver operated a motor vehicle while under the influence, but only after the driver: (1) has been arrested lawfully; and (2) has been informed that test can be refused. HRS § 291E-11(b).
Test shall be requested if driver involved in collision resulting in injury or death, and LEO has “probable cause to believe” that the driver has committed a DUI violation. HRS § 291E-21(c).
Hawaii DUI Implied consent – evidence of refusal
- Hawaii statutes do not appear to specifically address the admissibility of test refusal in a civil or criminal proceeding. Prior to 2011, Hawaii law provided that such evidence was not admissible. HRS § 291E–65.
Hawaii DUI Implied consent – administrative / civil penalty for refusal
- Refusal with no prior alcohol or drug enforcement contact within five yearsà driver’s license revoked for two years; use of IID during revocation period.
- Refusal with one prior enforcement contact within five yearsà driver’s license revoked for three years; use of IID during revocation period.
- Refusal with two prior enforcement contacts within five yearsà driver’s license revoked for four years; use of IID during period.
- Refusal with three or more enforcement contacts within 10 yearsà driver’s license revoked for 10 years; use of IID during period. HRS § 291E-41(b), (c).
Hawaii DUI Implied consent – criminal penalty for refusal
- The provision that the refusal to submit to a chemical test is a petty misdemeanor was repealed in April 2016. HRS § 291E–68.
