Is a DUI a Felony in Hawaii?
Hawaii has a reputation for being a beautiful and laid-back state, but when it comes to driving under the influence (DUI), the penalties can be quite severe. In this article, we’ll explore the laws surrounding DUI in Hawaii and answer the question: is a DUI a felony in Hawaii?
Answer to the Question: Is a DUI a Felony in Hawaii?
No, a DUI is not typically a felony in Hawaii. In Hawaii, DUI is considered a misdemeanor, unless certain circumstances are present.
What is Considered a Misdemeanor DUI in Hawaii?
A misdemeanor DUI in Hawaii is typically charged as a Class C felony when the following circumstances are present:
- High BAC: If your blood alcohol concentration (BAC) is.18% or higher, you will be charged with a Class C felony.
- Second or Subsequent Offense: If this is your second or subsequent DUI offense, you will be charged with a Class C felony.
- Causing Serious Injury: If your DUI causes serious bodily injury to another person, you will be charged with a Class C felony.
What are the Penalties for a Misdemeanor DUI in Hawaii?
The penalties for a misdemeanor DUI in Hawaii include:
- Imprisonment: A maximum of 5 years imprisonment
- Fine: A maximum fine of $10,000
- License Suspension: Your driver’s license will be suspended for a period of 1 year to 3 years
- Community Service: 100 hours of community service
What are the Penalties for a Felony DUI in Hawaii?
If you are charged with a felony DUI in Hawaii, the penalties will be more severe. These may include:
- Imprisonment: A maximum of 10 years imprisonment
- Fine: A maximum fine of $20,000
- License Suspension: Your driver’s license will be suspended for a period of 3 years to 10 years
- Community Service: 300 hours of community service
Consequences of a Felony DUI Conviction
A felony DUI conviction in Hawaii can have significant consequences on your life. Some of these consequences may include:
- Loss of Driving Privileges: You will lose your driver’s license for an extended period of time, or possibly forever.
- Increased Insurance Costs: Your insurance premiums will increase significantly.
- Loss of Employment Opportunities: Many employers will not hire individuals with a felony conviction.
- Shattered Reputation: A felony conviction can damage your reputation and make it difficult to recover from.
Important Statutes and Laws to Know
Here are some important statutes and laws to know when it comes to DUI in Hawaii:
- Hawaii Revised Statutes (HRS) §291E-61: This statute defines the criminal penalties for DUI in Hawaii.
- HRS §291E-63: This statute defines the criminal penalties for felony DUI in Hawaii.
- HRS §291E-66: This statute requires individuals convicted of DUI to participate in a court-approved alcohol treatment program.
Table: DUI Laws in Hawaii
| Offense | BAC Level | Penalty |
|---|---|---|
| Misdemeanor DUI | .08% to.17% | Up to 5 years imprisonment, $10,000 fine, 1 year to 3 year license suspension |
| High BAC DUI | .18% or higher | Up to 5 years imprisonment, $10,000 fine, 1 year to 3 year license suspension |
| Second or Subsequent Offense DUI | – | Up to 5 years imprisonment, $10,000 fine, 1 year to 3 year license suspension |
| Felony DUI (Causing Serious Injury) | – | Up to 10 years imprisonment, $20,000 fine, 3 years to 10 year license suspension |
Conclusion
A DUI is not typically a felony in Hawaii, but it can still have significant consequences on your life. It’s important to understand the laws surrounding DUI in Hawaii and the penalties you may face if you’re convicted. If you’re facing a DUI charge in Hawaii, it’s recommended that you seek the advice of a qualified attorney to protect your rights and ensure the best possible outcome in your case.
