Is a DUI a felony in Hawaii?

An arrest for a DUI/OUI with no prior convictions in the last 10 years is considered a Petty Misdemeanor. A second arrest for a DUI/OUI with one prior conviction in the last 10 years is also considered a petty misdemeanor. But if you are arrested in Hawaii for OUI/DUI and have two prior convictions in the last 10 years or 1 prior Habitual OUI conviction you are now looking at being charged with a class C Felony.

Don’t let a criminal DUI conviction threaten your future, contact our office for a free, no-commitment consultation today.  

Use the form below to set up an appointment to speak with one of our attorneys or call us at 808-727-2150

The Penalties for DUI in Hawaii 

• First DUI/OUI – Petty Misdemeanor (No prior convictions in the last 10 years) Any one or more of the following penalties: Seventy-two hours of community service work or No less than forty-eight hours and no more than five days of imprisonment; or A fine of no less than $250 but no more than $1,000. A one year license revocation
  • Additionally any person who is convicted under this section and was a highly intoxicated driver (BrAC/BAC should be 0.15) at the time of the incident shall be sentenced to an additional mandatory term of imprisonment for forty-eight consecutive hours and an additional mandatory revocation period of six months.
• Second DUI/OUI – Petty Misdemeanor (One prior conviction in the last 10 years) – Either one of the following: No less than two hundred forty hours of community service work; or no less than five days but no more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively. And fine of no less than $1,000 but no more than $3,000. A license revocation of no less than two years but no more than three years.
  • Additionally, any person who is convicted under this section and was a highly intoxicated driver (BrAC/BAC 0.15 or over) at the time of the incident shall be sentenced to an additional mandatory term of imprisonment of ten consecutive days and an additional mandatory revocation period of one year.
• Third (or more) DUI/OUI – Class C Felony (Two prior conviction in the last 10 years or one prior conviction for Habitual OUI/DUI) – Habitually operating a vehicle while under the influence of an intoxicant is a class C felony which is punishable by an indeterminate term of imprisonment of five years; or a term of probation of five years, with conditions to include: a license revocation of no less than three years but no more than five years, no less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively; and a fine of no less than $2,000 but no more than $5,000.
  • Additionally, any person who is convicted under this section and was a highly intoxicated driver (BrAC/BAC 0.15 or over) at the time of the incident shall be sentenced the offense shall be a class B felony and the person shall be sentenced to the following: An indeterminate term of imprisonment of ten years; or a term of probation of five years, with conditions to include the following: Permanent revocation of license, no less than eighteen months imprisonment and a fine of no less than $5,000 but no more than $25,000.

If you or a loved one has been arrested for a DUI/OUI (Driving/Operating Under the Influence) in Hawaii, it’s highly recommended that you engage an experienced attorney in the county where you have been arrested. We at Wong Leong Cuccia have a team of experienced lawyers who specialize in DUI/OUI defense in Hawaii and we serve all of Maui County (Maui, Lanai & Molokai). 

Common acronyms used to describe driving while under the influence of alcohol or drugs: OUI; DUI; Drunk Driving; Driving Under the Influence

Don’t let a criminal DUI conviction threaten your future, contact our office for a free, no-commitment consultation today.

Use the form below to set up an appointment to speak with one of our attorneys or call us at 808-727-2150