The statutes that control Hawaii OUI cases
OUI in Hawaii is defined by Haw. Rev. Stat. § 291E-61, and the chemical-testing rules sit in Haw. Rev. Stat. § 291E-11. Both are published in the official state code at capitol.hawaii.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.
Statutory text, definitions, BAC thresholds and sentencing ranges.
What refusing a breath, blood or urine test costs you.
Statute at a glance
Hawaii OUI law at a glance
Sourced from the Hawaii code and state agency sites. Verify current text before relying on it.
- Offense name
- OUI (Hawaii)
- Controlling statute
- Haw. Rev. Stat. § 291E-61
- Implied consent
- Haw. Rev. Stat. § 291E-11
- Per se BAC limit
- 0.08 (0.04 CDL, 0.02 or lower under 21)
- Licence hearing deadline
- 10 days after arrest
- Prior-offense lookback
- 10 years
- First-offense fine
- $250–$1,000
- First-offense jail exposure
- up to 30 days
- Licence suspension
- 1 year
- Ignition interlock
- Required on a first offense in most cases
- Trial court
- the District Court
- High-risk filing
- SR-22 for 3 years
A first offense carries revocation with interlock and a substance-abuse assessment.
First-offense exposure under Haw. Rev. Stat. § 291E-61: $250–$1,000, up to 30 days of jail exposure, and a 1 year licence suspension. A first offense carries revocation with interlock and a substance-abuse assessment.
What Haw. Rev. Stat. § 291E-61 actually says
- HRS § 291E-61(a)(1) — operating or being in actual physical control of a vehicle while under the influence of alcohol in an amount sufficient to impair normal mental faculties or the ability to guard against casualty.
- HRS § 291E-61 also prohibits operating under the influence of drugs and with an excessive breath or blood alcohol concentration.
- HRS § 291E-61 carries escalating penalties for repeat offenses within the statutory lookback.
Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on capitol.hawaii.gov carries an effective date — amendments passed after it are not yet reflected.
Hawaii ZIP codes covered
These Hawaii ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.
Counties and cities using these Hawaii resources
Counties
Other Hawaii official resources
Frequently asked questions
- What statute defines OUI in Hawaii?
- Haw. Rev. Stat. § 291E-61 is the controlling OUI statute in Hawaii. You can read the current text on the official code site at capitol.hawaii.gov.
- What is the Hawaii implied-consent law?
- Haw. Rev. Stat. § 291E-11 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful OUI arrest.