What is the legal difference between DUI and DWI in Hawaii?In Hawaii, DUI stands for Driving Under the Influence and is a criminal offense. DWI stands for Driving While Intoxicated and is an administrative offense. DUI is a more serious charge and carries more severe penalties, including possible jail time, fines, license suspension or revocation, and more.
Is there a distinct BAC limit for determining DUI vs. DWI in Hawaii?No, there is not a distinct BAC (blood alcohol concentration) limit for determining DUI vs. DWI in Hawaii. In Hawaii, both offenses are charged as Operating a Vehicle Under the Influence of an Intoxicant (OVUII). The legal limit for OVUII is .08 or greater, but a driver can still be charged with OVUII even if their BAC is below .08 if they show signs of impaired motor skills or coordination.
Are there different penalties for DUI and DWI convictions in Hawaii?Yes, there are different penalties for DUI and DWI convictions in Hawaii. Generally speaking, a DUI conviction is considered a misdemeanor and carries penalties such as fines, jail time up to five days, and license suspension up to one year. A DWI conviction is a felony and carries more severe penalties such as jail time up to five years, fines, and license suspension up to two years.
How do DUI and DWI offenses affect an individual’s driving record in Hawaii?A DUI or DWI conviction in Hawaii will have a serious and long-lasting effect on an individual’s driving record. It will stay on the individual’s record for 10 years, and will result in an automatic license suspension. The length of the suspension depends on the number of prior offenses, but can range anywhere from 90 days to one year. Additionally, the individual may face fines, probation, and jail time if convicted.
Do DUI and DWI convictions result in the suspension or revocation of a driver’s license in Hawaii?Yes, DUI and DWI convictions in Hawaii will result in the suspension or revocation of a driver’s license. Depending on the circumstances, the period of suspension or revocation can range from 90 days to an indefinite period. In addition, the driver may be required to complete an approved alcohol safety program and may be subject to reinstatement fees.
Are there variations in the definition of impairment for DUI vs. DWI in Hawaii?No, the definition of impairment for DUI and DWI in Hawaii is the same. Under Hawaii law, a person is considered legally impaired when their blood alcohol content (BAC) is 0.08% or higher. This is true regardless of whether the offense is classified as a DUI or a DWI.
What factors influence whether a DUI or DWI charge is pursued in Hawaii?1. Blood Alcohol Content (BAC): The higher the BAC, the more likely a DUI or DWI charge will be pursued in Hawaii.
2. Driving Record: If a driver has a history of DUI or DWI convictions, they are more likely to be charged with one in Hawaii.
3. Criminal History: If the driver has a criminal history, this could influence the decision to pursue a DUI or DWI charge in Hawaii.
4. Nature of the Offense: The type of offense, such as reckless driving or speeding, could also contribute to whether a charge is pursued in Hawaii.
5. Severity of Injury: The severity of any injuries sustained by anyone involved in the incident could influence whether a DUI or DWI charge is pursued in Hawaii.
Is there a mandatory minimum jail time for DUI or DWI convictions in Hawaii?No, there is no mandatory minimum jail time for DUI or DWI convictions in Hawaii. However, potential punishments for a conviction may include jail or prison time, fines, license suspension, community service, and/or alcohol/drug education classes.
How do DUI and DWI offenses impact insurance rates in Hawaii?DUI and DWI offenses in Hawaii can have a significant impact on insurance rates. Depending on the insurance provider, the amount of the premium increase can range from 20% to as high as 400%. Some insurers may refuse to provide coverage to drivers who have been convicted of DUI or DWI offenses, and others may require an additional fee or surcharge. The severity of the DUI or DWI offense also has an effect on insurance rates, with more serious offenses resulting in a higher premium.
Are there diversion or rehabilitation programs available for DUI or DWI offenders in Hawaii?Yes, there are several diversion and rehabilitation programs available for DUI and DWI offenders in Hawaii. The Honolulu Police Department, in partnership with the Hawaii Substance Abuse Coalition, operates the DUI/DWI Diversion Program, which offers assessment and education services to those who have been charged with a DUI or DWI offense in Honolulu. The program also provides referrals to treatment options and other services as appropriate. The Hawaii Community Services Council (HCSC) also offers the Hawaii Alcohol and Drug Treatment Assessment (HADTA), which is a comprehensive evaluation program designed to provide individuals with DUI or DWI offenses with evidence-based treatment recommendations and referrals. Other programs include the Hawaii DUI/DWI Treatment Program (HDT), managed by the Department of Health, and the Hawaii Substance Abuse Court (HSAC), a court-supervised treatment program for individuals who are charged with a DUI or DWI offense.
What role does the age of the offender play in DUI vs. DWI charges in Hawaii?In Hawaii, the age of the offender plays an important role in how they will be charged for DUI vs. DWI. For example, if the offender is under 21, they will automatically be charged with a DWI regardless of their blood alcohol content (BAC) level. If the offender is 21 or over, they will typically face a DUI charge if their BAC is 0.08 percent or higher. If the offender is over the age of 24 and their BAC is between 0.05 and 0.079 percent, they may face a lesser charge of Reckless Driving.
Do DUI and DWI laws differ for commercial drivers or CDL holders in Hawaii?Yes, DUI and DWI laws differ for commercial drivers or CDL holders in Hawaii. According to the Hawaii Department of Transportation, commercial drivers operating a vehicle with a blood alcohol concentration (BAC) of .04 or greater are considered to be Driving Under the Influence (DUI) and will face serious fines and penalties. Additionally, the state of Hawaii has a stricter threshold for commercial drivers when it comes to refusing to take a breath or blood test to determine their blood alcohol content; refusal of such tests can result in license suspension for up to one year.
How do DUI and DWI convictions affect employment opportunities in Hawaii?A DUI or DWI conviction can negatively affect employment opportunities in Hawaii. DUI and DWI convictions may result in potential employers not considering someone for a job or even rescinding a job offer if a background check reveals that the applicant has a prior conviction. There are also occupational licensing restrictions and limitations that may be imposed depending on the type of job and the specific details of the conviction.
Are there enhanced penalties for DUI or DWI convictions with prior offenses in Hawaii?Yes. In cases of subsequent DUIs or DWIs in Hawaii, the penalties are increased. For a second offense, offenders may face up to five days in jail and a fine of up to $1,000. For third and subsequent offenses, penalties may include up to 30 days in jail, fines of up to $2,500, and a one-year license revocation. Additionally, for all DUI offenses in Hawaii, offenders are required to install an ignition interlock device on their vehicle.
Is there a difference in penalties for DUI vs. DWI involving drugs other than alcohol in Hawaii?Yes. In Hawaii, DUI is only applicable to alcohol, while DWI involves the use of drugs, including illegal drugs. Under Hawaii’s laws, DWI with drugs carries a harsher penalty than DUI with alcohol. This includes jail time of up to five years, a minimum fine of $1,000, and a mandatory one-year revocation of the driver’s license.
What are the legal rights and procedures for individuals arrested for DUI or DWI in Hawaii?In Hawaii, individuals arrested for DUI or DWI can expect the following legal rights and procedures:
1. The right to remain silent. An individual has the right to remain silent and refuse to answer any questions without a lawyer present.
2. The right to an attorney. An individual has the right to have an attorney present during questioning and can request a lawyer at any point during the arrest process.
3. The right to a hearing or trial. An individual has the right to a hearing or trial in order to challenge the charges against them.
4. The right to a chemical test. An individual has the right to request a chemical test in order to measure their blood alcohol content (BAC). All drivers in Hawaii are required to submit to a chemical test if suspected of DUI or DWI and failure to do so can result in an automatic suspension of their driver’s license.
5. Penalties for DUI/DWI convictions. The penalties for DUI/DWI convictions in Hawaii can include fines, jail time, alcohol treatment programs, community service, license suspension, and an increase in insurance premiums.
Can DUI and DWI charges be expunged or removed from one’s record in Hawaii?No, DUI and DWI charges cannot be expunged or removed from one’s record in Hawaii. Records of DUI and DWI convictions are public and must be disclosed when requested on applications for jobs, professional or educational licenses, or on applications for loans or insurance.
Do DUI and DWI laws apply differently to minors or underage drivers in Hawaii?Yes, DUI and DWI laws in Hawaii apply differently to minors and underage drivers. Under Hawaii law, a person under the age of 21 can be charged with a DUI if they are found to have a Blood Alcohol Concentration (BAC) of 0.02% or greater. This is lower than the legal limit of 0.08% for adult drivers. Minors who are charged with a DUI or DWI may face license suspension, fines, and jail time.
How can individuals access legal representation when facing DUI or DWI charges in Hawaii?Individuals facing DUI or DWI charges in Hawaii can access legal representation by hiring a private attorney or applying to the Hawaii Bar Association for a list of qualified criminal defense attorneys. Additionally, the Hawaii State Bar Association offers a free referral service for individuals needing legal assistance.
What resources are available to help individuals understand and navigate DUI vs. DWI laws in Hawaii?1. Hawaii State Judiciary website: The Hawaii State Judiciary website provides general information about DUI and DWI laws in the state, including information on penalties, license suspensions, and other related laws.
2. Hawai‘i Department of Transportation website: The Hawai‘i Department of Transportation website contains resources on DUI and DWI laws, including educational materials and links to local programs for driver safety and education.
3. Hawai‘i Attorney General’s Office: The Hawai‘i Attorney General’s Office provides information about DUI and DWI laws in the state, including case law summaries and legal opinions.
4. The National Highway Traffic Safety Administration: The National Highway Traffic Safety Administration provides information about DUI laws across the country, including Hawaii, and offers links to local organizations that provide assistance to those facing DUI or DWI charges.
5. Lawyer Referral Services: Local lawyer referral services can provide referrals to attorneys who specialize in DUI and DWI law.