A first DUI in Hawaii: what it can result in
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No probation, no suspended sentence — and the interlock is not optional. Hawaii sentences a first OVUII without possibility of probation or suspension of sentence, which is the sharpest edge on the page: whatever the court imposes, it is imposed. What it imposes is partly a menu and partly not. Mandatory in every case are a fourteen-hour minimum substance abuse rehabilitation programme, revocation of the licence for no less than one year and no more than eighteen months, installation of an ignition interlock on all vehicles the person operates during that revocation, and a $25 neurotrauma surcharge. On top of that the court must impose any one or more of three things: seventy-two hours of community service, imprisonment of no less than forty-eight hours and no more than five days, or a fine of $250 to $1,000. A passenger under fifteen adds a mandatory $500 fine and a mandatory forty-eight hours.
Written any number of ways — a 1st offense DUI, DUI 1st, DUI first offense HI, or a first 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. Petty misdemeanor
Confinement. 48 hours to 5 days, if the court chooses jail at all
Fine. $250 to $1,000, if the court chooses the fine
Hawaii Revised Statutes § 291E-61 · Haw. Rev. Stat. § 291E-61(b)(1), (b)(3) · 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 jail time mandatory for a 1st DUI in Hawaii?
Hawaii sentences a first OVUII without possibility of probation or suspension of sentence, which is the sharpest edge on the page: whatever the court imposes, it is imposed. What it imposes is partly a menu and partly not. Mandatory in every case are a fourteen-hour minimum substance abuse rehabilitation programme, revocation of the licence for no less than one year and no more than eighteen months, installation of an ignition interlock on all vehicles the person operates during that revocation, and a $25 neurotrauma surcharge. On top of that the court must impose any one or more of three things: seventy-two hours of community service, imprisonment of no less than forty-eight hours and no more than five days, or a fine of $250 to $1,000. A passenger under fifteen adds a mandatory $500 fine and a mandatory forty-eight hours.
How likely is jail time for a first DUI in HI?
Start from what the statute forces and what it leaves to the judge. The floor here is 48 hours to 5 days, if the court chooses jail at all. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 1st DUI in Hawaii?
Petty misdemeanor: 48 hours to 5 days, if the court chooses jail at all, and a fine of $250 to $1,000, if the court chooses the fine. The range is set by Haw. Rev. Stat. § 291E-61(b)(1), (b)(3), and the figures on this page come from the statute rather than from a summary of it.
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: when it becomes a felony penalties and second offense penalties.
All Hawaii DUI rules →Penalties across the states →Hawaii DUI lawyers →Getting the license back →
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