Is a DUI a felony in Hawaii?
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At the third — Hawaii calls it habitually operating under the influence. Hawaii does not grade a DUI as a felony by counting offences in the ordinary section. It has a separate crime, habitually operating a vehicle under the influence, and a person qualifies as a habitual operator once convicted two or more times for operating under the influence within ten years of the current offence — so the third one is the felony. It is a class C felony, and the sentence is one of two things: an indeterminate term of five years, or five years of probation with conditions that include revocation for three to five years with an interlock on every vehicle throughout, at least ten days’ imprisonment of which forty-eight hours must run consecutively, and a fine of $2,000 to $5,000. Either way the vehicle the person owned and was driving is subject to forfeiture. If the driver was a highly intoxicated driver at the time, the same conduct is a class B felony: ten years indeterminate, or probation with permanent revocation of the licence, at least eighteen months’ imprisonment and a fine of $5,000 to $25,000. Convictions that were expunged by pardon, reversed or set aside before the current offence do not count toward habitual status.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in HI — and the paperwork will use none of them. Hawaii charges it under a section number, and that is what decides the range below.
Grade. Class C felony; class B felony for a highly intoxicated driver
Confinement. An indeterminate five-year term, or five years’ probation with at least ten days’ imprisonment
Fine. $2,000 to $5,000 on probation; $5,000 to $25,000 on the class B route
Hawaii Revised Statutes § 291E-61.5 · Haw. Rev. Stat. § 291E-61.5(b), (c), (d), (h) · checked 2026-09-06
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| Two prior convictions for operating under the influence within ten years | Class C felony — habitually operating under the influence | Hawaii puts the felony in a separate offence rather than in a penalty step. A person becomes a habitual operator once convicted two or more times for operating under the influence within ten years of the current offence, so the third is the felony. Convictions expunged by pardon, reversed or set aside before the current offence do not count. Hawaii Revised Statutes § 291E-61.5 · Haw. Rev. Stat. § 291E-61.5(a), (b), (h) · checked 2026-09-06 |
| Being a highly intoxicated driver on that occasion | Class B felony — ten years, or probation with permanent revocation | The same habitual offence becomes a class B felony where the person was a highly intoxicated driver at the time. The sentence is an indeterminate ten years, or five years of probation with permanent revocation of the licence, at least eighteen months’ imprisonment and a fine of $5,000 to $25,000. The vehicle is subject to forfeiture either way. Hawaii Revised Statutes § 291E-61.5 · Haw. Rev. Stat. § 291E-61.5(d) · checked 2026-09-06 |
The device is a separate track
Hawaii runs the device through the revocation period, and the state explains the mechanics plainly: you blow before the engine will start, and running retests at random intervals stop you handing the car to a sober friend or drinking after you set off. A failed retest does not stop the car — it sets the horn and lights going to alert police.
In Hawaii the interlock term runs Length of revocation and is administered by Hawaii Department of Transportation and the district courts — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: Hawaii Department of Transportation and the district courts
Hawaii DUI questions
Is a DUI a felony in Hawaii?
At the third — Hawaii calls it habitually operating under the influence. Hawaii does not grade a DUI as a felony by counting offences in the ordinary section. It has a separate crime, habitually operating a vehicle under the influence, and a person qualifies as a habitual operator once convicted two or more times for operating under the influence within ten years of the current offence — so the third one is the felony. It is a class C felony, and the sentence is one of two things: an indeterminate term of five years, or five years of probation with conditions that include revocation for three to five years with an interlock on every vehicle throughout, at least ten days’ imprisonment of which forty-eight hours must run consecutively, and a fine of $2,000 to $5,000. Either way the vehicle the person owned and was driving is subject to forfeiture. If the driver was a highly intoxicated driver at the time, the same conduct is a class B felony: ten years indeterminate, or probation with permanent revocation of the licence, at least eighteen months’ imprisonment and a fine of $5,000 to $25,000. Convictions that were expunged by pardon, reversed or set aside before the current offence do not count toward habitual status. Two prior convictions for operating under the influence within ten years: class c felony — habitually operating under the influence. Being a highly intoxicated driver on that occasion: class b felony — ten years, or probation with permanent revocation.
What does a 3rd DUI in Hawaii carry?
Class C felony; class B felony for a highly intoxicated driver: an indeterminate five-year term, or five years’ probation with at least ten days’ imprisonment, and a fine of $2,000 to $5,000 on probation; $5,000 to $25,000 on the class b route. The range is set by Haw. Rev. Stat. § 291E-61.5(b), (c), (d), (h), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Hawaii?
Two prior convictions for operating under the influence within ten years — class c felony — habitually operating under the influence. Being a highly intoxicated driver on that occasion — class b felony — ten years, or probation with permanent revocation.
Does an interlock come with it in Hawaii?
Hawaii runs the device through the revocation period, and the state explains the mechanics plainly: you blow before the engine will start, and running retests at random intervals stop you handing the car to a sober friend or drinking after you set off. A failed retest does not stop the car — it sets the horn and lights going to alert police. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Hawaii Department of Transportation and the district courts.
Other steps in Hawaii: first offense penalties and second offense penalties.
All Hawaii DUI rules →Penalties across the states →Hawaii DUI lawyers →Getting the license back →
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