Hawaii Vehicular Infractions and Crimes

Provided by our Hawaii criminal attorney, a former Marine

There are a number of different Hawaii vehicular crimes and infractions that can carry serious penalties.  In Honolulu or in Hawaii, if you have been charged with a DUI (known in Hawaii as OVUII [Operating a Vehicle Under the Influence of an Intoxicant]), speeding, reckless driving, or other vehicular charge, you should seek the advice of a qualified and aggressive Honolulu criminal lawyer.

Hawaii Driving Under the Influence (DUI) Charges

A Hawaii DUI charge is referred to as “Operating a Vehicle Under the Influence of an Intoxicant” (OVUII). If you are driving with a blood alcohol content (BAC) of .08% or higher, you can be charged with a DUI. Even if your BAC is less than .08%, you can still be charged with a DUI if you were operating a motor vehicle in an unsafe manner while under the influence of alcohol or prescription or illegal drugs.

Hawaii Misdemeanor Crimes

First-time Hawaii DUI offenders face a maximum 90-day license suspension, jail time, community service, and the possibility of a $1,000 fine. These penalties may be increased if you were driving in a dangerous manner or with a BAC of .20% or higher. Three DUI convictions often carry prison time and a fourth conviction constitutes a felony.

Speeding or Racing Charges

Hawaii speeding laws are aggressively enforced. If you are caught driving more than 30 MPH over the speed limit or exceeding 80MPH in any speed limit zone, you can be convicted of a petty misdemeanor. Such a conviction carries a maximum penalty of a $1,000 fine, a 30-day license suspension, a mandatory driver training course, jail time, and/or community service.

Similarly, Hawaii aggressively enforces street racing laws. If you are caught racing on Hawaii’s streets, you can face penalties such as an immediate forfeiture of your vehicle, a mandatory $10,000 fine, a maximum of five years imprisonment, and a one year suspension of your driver’s license. Additionally, a racing charge involving excessive speeds is considered a Class C felony in Hawaii, thereby increasing the penalties that may be imposed.

Driving Without Proper Insurance Coverage

In Hawaii, drivers must carry insurance covering a minimum of $20,000 and a maximum of $40,000 bodily injury liability, $10,000 property damage liability, and $10,000 of personal injury protection. Hawaii has “no fault” insurance, meaning that, when bodily injury occurs as a result of a vehicular accident, the injured party’s insurance company covers medical expenses up to $5,000, regardless of which party is at fault. However, this “no fault” provision does not apply to vehicular or other property damages and the party at fault must pay for all damage to the other party’s vehicle. Additionally, if medical expenses exceed $5,000, the injured party can file a lawsuit against the party at fault (and his insurance company) for the remaining costs.

A person driving without the required minimum coverage can face a $1,000 - $3,000 fine for his or her first offense. Additional consequences may include license suspension, surrender of vehicle license plates and registration, community service, and a prison sentence. Such penalties are often steeper for repeat offenders and drivers who have caused a serious accident

A person driving without the required minimum coverage can face a $1,000 - $3,000 fine for his or her first offense. Additional consequences may include license suspension, surrender of vehicle license plates and registration, community service, and a prison sentence. Such penalties are often steeper for repeat offenders and drivers who have caused a serious accident

Driving Without a License

Hawaii actively pursues drivers who operate a motor vehicle without a license. Drivers who have a permit, but are caught driving without a licensed driver, are still treated as driving without a license or permit. Penalties for driving without a Hawaii license often include immediate arrest and impoundment of your vehicle. This applies even if the vehicle does not belong to you, which may force the registered owner to file theft charges against you in order to have the vehicle released.

Initial fines range from $100 - $300 and you may face an additional $500 - $1,000 fine for driving without insurance. Additional penalties for driving without a license in Hawaii may include suspension of your license for up to a year and jail time if you are under the age of 21. If you have been arrested for driving without a Hawaii driver’s license, contact Noel Tipon, a Hawaii criminal attorney who can represent your case in court.

Leaving the Scene of an Accident

Leaving the scene of an accident in Hawaii is a serious offense. If you are involved in a hit and run, or leave the scene of an accident in which there was severe bodily injury, you may be charged with a felony. If you leave the scene of an accident involving minor bodily injury or property damage, you may be charged with a misdemeanor. You may also face stiff fines and jail time in the event of a serious accident.

Reckless Driving

Hawaii reckless driving involves a willful and wanton disregard for the safety of others on the road. This includes the safety of other motorists, bicyclists, and pedestrians. A first offense for reckless driving in Hawaii may include a fine not to exceed $4,000 and jail time not to exceed 30 days. Your vehicle can be impounded for up to 30 days and you will be subject to vehicle impound fees to recover it.

Contact The Tipon Law Firm

If you have been charged with a vehicle infraction in the state of Hawaii, contact the Honolulu criminal attorney at The Tipon Law Firm today for an initial consultation. Tagalog and Ilocano spoken.