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:
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(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:
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(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:
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(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
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(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.
Other Hawaii Drunk Driving Defense FAQs
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What is the Court Process for a DUI in Hawaii?
In Hawaii, persons who are arrested for DUI have to go through two separate proceedings. The administrative license revocation process and court. Here, you will find … more -
Can Blood Alcohol Evidence be Kept Out of the Trial?
Often, the blood alcohol evidence may be kept out of your case, either because of technically deficient results, or because the State is unable to get their witnesses … more -
What are the Criminal Penalties for DUI?
If you are convicted for a first offense, or an offense that is treated like a first offense because it is not "... preceded within a fiveyear period by a … more -
Can the Court Suspend My Driving Privileges?
A suspension of your driving privileges for a criminal conviction for DUI, means that you must surrender to the court, and thus cannot use, your driver's license for … more -
Why can the Court Suspend My Driving Privileges If They are Already Suspended?
It is both statutorily prohibited, and a logical impossibility, to suspend driving privileges that have all ready been administratively revoked by the ADLRO. However, … more -
Will I have to go to Treatment?
HRS § 2914(c) also requires that: (c) Whenever a court sentences a person pursuant to subsection (b), it shall also require that the offender be referred … more -
Are there Other Fines and Costs?
In addition to the fines described above, you will also be required to pay a total of $107.00 to help to fund driver's education classes and as a special DUI … more -
What is Proof of Financial Responsibility?
Fortunately, an "SR22" is no longer required for first offense DUI convictions, and those whose convictions are treated as first offenses. HRS § 2914(f) … more -
What is Habitual DUI?
If you have had three prior DUI convictions within the past ten years you may be facing a felony Habitual DUI charge. Habitual DUI was passed by the legislature about … more -
What is Mandatory Car Registration Revocation?
The 2000 legislature has passed a bill which calls for mandatory car registration revocation for a 2nd and subsequent Alcohol Contact (civil or criminal convictions). … more
