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Misdemeanor DUI or OVUII Penalties and Punishment

Perhaps the most important consequence of a Hawaii DUI or OVUII conviction is that, unless you win the appeal or something extraordinary happens, the conviction will be on your record forever.  Hawaii is not like some other states such as California that allow for expungement of the conviction after a set period of time.  There is no deferral (where you can plead guilty and then have the charge later dismissed if you meet certain qualifications) for OVUII in Hawaii.  An OVUII conviction could affect your employment and your dreams for the future.  This is why people turn to Attorney Richard L. Holcomb.  You do not  have to accept this.  If you fight with a skilled lawyer, there is a good chance that you can beat the charges.

The law governing DUI or OVUII Penalties and Punishment underwent sweeping and dramatic changes in the Hawaii State Legislature in 2011.  If you were arrested before January 1, 2011, you are still subjected to the penalties and punishments under the old law.  However, it is difficult to imagine that someone arrested before 2011 would actually be convicted for that offense.

The following summarizes the current Penalties and Punishments you face:

First Offense

If you are convicted of your first DUI or OVUII, or the second or third offense where the previous offense(s) occurred more than five years ago, you could face the following punishments and penalties:

• An assessment by a drug and alcohol counselor to determine your need for rehabilitation (and completion of recommended treatment);
• A minimum 14 hour substance abuse rehabilitation program;
• A 1 year revocation and installation of an ignition interlock device (if you refused a breath or blood test, the 1 year revocation could be doubled to 2 years);
• 72 hours community service;
• Not less than 48 hours nor more than 5 days of imprisonment;
• A fine of not less than $150 nor more than $1,000.
• A $25 surcharge to the neurotrauma special fund and other special assessed charges that usually will amount to around $500;

Second Offense

If you are convicted of DUI or OVUII within 5 years of a previous offense, you could face the following punishments and penalties:

• An assessment by a drug and alcohol counselor to determine your need for rehabilitation (and completion of recommended treatment);
• 18 month to two year driver’s license revocation (three years if you refuse a breath or blood test);
• either 240 hours community service hours or 5 to 30 days imprisonment with at least 48 hours served consecutively;
• A fine of not less than $500 nor more than $1,500.
• A $25 surcharge to the neurotrauma special fund and other special assessed charges that usually will amount to around $500; and
• A $50 surcharge to the trauma system special fund.

Third Offense

If you are convicted of DUI or OVUII within 5 years of 2 previous offenses, you could face the following punishments and penalties:

• An assessment by a drug and alcohol counselor to determine your need for rehabilitation;
• 2 years driver’s license revocation (which doubles to four years if you refuse a breath or blood test);
• 10 to 30 days imprisonment;
• A fine of not less than $500 nor more than $2,500;
•  A $25 surcharge to the neurotrauma special fund;
• A $50 surcharge to the trauma system special fund; and
• forfeiture of your vehicle.

If you are an adult convicted for either your first, second or third offense and you had a minor, under the age of 15 in the car, you may face an additional $500 fine and a mandatory sentence of 48 hours in jail.