Drunk and drugged driving laws in Hawaii

By the end of this topic you can

• You can state the alcohol limits for drivers 21 and over and under 21.
• You can explain implied consent and what refusing a test means.
• You can describe the main penalties for a first offense.
• You can explain why drugs, including medicines, can make driving illegal.
• You can plan safe ways home that do not involve driving impaired.

What you need to know and understand

• You are under the influence with a blood or breath alcohol level of .08 or more, or if alcohol or drugs impair your driving at any level.
• Drivers under 21 may not drive with a measurable amount of alcohol, which Hawaii defines as .02 or more.
• By driving in Hawaii you are deemed to consent to a test of your breath or blood for alcohol.
• Failing a test at .08 or more, or refusing, starts administrative license revocation with a 30-day temporary permit.
• With no prior alcohol or drug enforcement contact in 10 years, the administrative revocation is one year.
• A level of .15 or more is treated as highly intoxicated, which brings longer revocations and extra jail time.
• Drinking while driving, or having an opened alcohol container while driving, is illegal.

How alcohol affects you

Alcohol is a depressant. It slows your reactions, clouds your judgment and weakens your vision, while making you feel more confident than you are. Beer, wine and spirits all count; what matters is how much alcohol reaches your blood. Only time sobers you up. Coffee, food or a cold shower do not.

Penalties for a first conviction (21 and over)

• License revocation for one year to 18 months, with an ignition interlock device fitted during that time.
• A substance abuse program of at least 14 hours.
• One or more of: 72 hours of community service, 48 hours to five days in jail, or a fine of $250 to $1,000.
• Extra penalties, including a $500 fine and 48 hours in jail, if a passenger under 15 was in the vehicle.
• Repeat offenses within 10 years bring longer revocations, higher fines and jail.

Under 21: zero tolerance

If you are under 21 and drive with a measurable amount of alcohol, a first violation means a 180-day license suspension and an alcohol education and counseling program. If you are under 18, a parent or guardian must attend too. The court can add community service or a fine of $150 to $500. Repeat violations lead to a one-year suspension and then a two-year revocation. Under-21 drivers at .08 or more can also be charged with the full adult offense.

Drugs and medicines

Hawaii law makes it an offense to drive under the influence of any drug that impairs your ability to drive carefully. That includes prescription and over-the-counter medicines, such as some allergy and cold remedies, as well as cannabis and illegal drugs. Ask your doctor or pharmacist whether a medicine affects driving, and never mix alcohol with drugs.

Common mistakes

• Believing you are fine after one or two drinks. Impairment starts before .08, and under 21 the limit is .02.
• Thinking a medical prescription makes drug-impaired driving legal. It does not.
• Refusing a test to avoid evidence. Refusal itself leads to revocation.
• Riding home with a friend who has been drinking. Choose a sober driver or another way home.

Test yourself: Drunk and drugged driving laws in Hawaii

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Hawaii Driver’s Ed Requirement for Under 18s
• Driving in Hawaii on an Out-of-State or Foreign License
• Hawaii Permit Practice Test