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What Are The Penalties For Habitual Dui?

Habitual DUI is a class C felony, punishable by up to five years in jail. You also could face a lifetime license revocation. If you have had the prior convictions, and the police released you this time without posting bail, you may be in trouble. That is because the prosecutor's office is likely to take your case to the grand jury. If indicted, a $50,000.00 warrant will be issued for your arrest. Although the bail amount can be reduced, it takes about 3 weeks to do so, and you will sit in jail until bail is reduced or you bond out. HRS § 291­4 also provides other tougher penalties for "repeat offenders", and anyone older than 18 years of age who was DUI "... with a passenger, in or on the vehicle, who was younger than fifteen years of age." HRS § 291­4(b) states:
    (2) For an offense that occurs within five years of a prior conviction for driving under the influence of intoxicating liquor under this section or section 291­4.4 by:
      (A) Prompt suspension of license for a period of one year with the absolute prohibition from operating a motor vehicle during suspension of license;
      (B) Either one of the following:
        (i) Not less than one hundred hours of community service work; or
        (ii) Not less than forty­eight consecutive hours but not more than fourteen days of imprisonment of which at least forty­eight hours shall be served consecutively; and
      (C) A fine of not less than $500 but not more than $1,500.
    (3) For an offense that occurs within five years of two prior convictions for driving under the influence of intoxicating liquor under this section or section 291­4.4 by:
      (A) A fine of not less than $500 but not more than $2,500;
      (B) Revocation of license for a period not less than one year but not more than five years; and
      (C) Not less than ten days but not more than thirty days imprisonment of which at least forty­eight hours shall be served consecutively.
    (4) Any person eighteen years of age or older, who is convicted under this section and who operated or assumed actual physical control of a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500, and an additional mandatory term of imprisonment of forty­eight hours; provided, however, that the total term of imprisonment for a person convicted under this section shall not exceed thirty days. Notwithstanding any other law to the contrary, any conviction for driving under the influence of intoxicating liquor under this section or section 291­4.4 shall be considered a prior conviction for purposes of imposing sentence under this section.
Repeat offenders must also do the alcohol assessment and pay for (1) the cost of any required substance abuse treatment; (2) $107.00 to help to fund driver's education classes as a special DUI assessment fee; (3) $25.00 as "contribution" to the Criminal Injuries Compensation Fund; and (4) any applicable fee for a blood test.

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