Hawaii traffic laws and fines cover everything from a $45 seatbelt infraction to DUI penalties that can reach $3,000, multi-year license revocation, and jail time. The state does not use a points system, so your license is not suspended through accumulated minor tickets; instead, specific offenses carry their own direct license consequences. You generally have 21 days from the date on a citation to respond, and ignoring one, even if you live on the mainland, is a bad idea.
Driving Under the Influence
Hawaii calls DUI “operating a vehicle under the influence of an intoxicant,” governed by HRS 291E-61. You can be charged if your blood alcohol concentration is 0.08% or higher, or if alcohol, drugs, or a combination impair your ability to drive.1Justia. Hawaii Revised Statutes 291E-61 – Operating a Vehicle Under the Influence of an Intoxicant Prior convictions are counted on a ten-year lookback, so an old conviction can still bump a new one into repeat-offense territory.
First Offense
A first conviction carries mandatory penalties. Probation and suspended sentences are off the table. The court must impose a 14-hour substance abuse rehabilitation program, license revocation for one to eighteen months, and a surcharge paid into the neurotrauma special fund. On top of that, the judge must order at least one of the following: 72 hours of community service, 48 hours to five days in jail, or a fine between $250 and $1,000.1Justia. Hawaii Revised Statutes 291E-61 – Operating a Vehicle Under the Influence of an Intoxicant A judge could pick one of those three, or stack all of them.
Second Offense Within Ten Years
A second conviction within ten years raises the fine to $1,000 to $3,000 and the revocation to two to three years. You must install an ignition interlock device on every vehicle you drive during the revocation period, and the installation and calibration costs are yours. The court also orders either 240 hours of community service or five to thirty days in jail, with at least 48 consecutive hours served. The substance abuse program requirement grows to at least 36 hours.1Justia. Hawaii Revised Statutes 291E-61 – Operating a Vehicle Under the Influence of an Intoxicant
Implied Consent and Refusing a Test
Driving on a public road in Hawaii means you have already consented to breath, blood, or urine testing when an officer has probable cause to believe you are impaired. This is the implied consent rule under HRS 291E-11. After a lawful arrest, the officer must tell you that you have the right to refuse, but refusal triggers its own administrative license revocation that runs separately from the criminal case.2Justia. Hawaii Revised Statutes 291E-11 – Implied Consent of Operator of Vehicle to Submit to Testing If alcohol is suspected, you choose between breath and blood; if drugs are suspected, between blood and urine. Refusing does not make the DUI charge disappear.
Excessive Speeding
Hawaii treats excessive speeding as a criminal petty misdemeanor under HRS 291C-105, separate from ordinary speeding tickets. The penalties are mandatory and cannot be suspended or probated.
A first offense, with no prior excessive-speeding conviction in the previous five years, carries a fine of $500 to $1,000, a 30-day license suspension, mandatory driver retraining, a $25 neurotrauma surcharge, and either 36 hours of community service or 48 hours to five days in jail.3Justia. Hawaii Revised Statutes 291C-105 – Excessive Speeding
A second offense within five years pushes the fine floor to $750 and makes the 30-day suspension an absolute prohibition on driving, with no work exceptions. Jail time runs five to fourteen days, or alternatively at least 120 hours of community service. A third offense within five years brings a flat $1,000 fine, revocation of 90 days to one year, and ten to thirty days of imprisonment.3Justia. Hawaii Revised Statutes 291C-105 – Excessive Speeding
Ordinary speeding tickets below the excessive threshold are civil infractions, not crimes, and are handled with monetary fines through traffic court. School zones and construction areas carry enhanced enforcement.
Distracted Driving
Holding a mobile electronic device while driving is banned under HRS 291C-137. The law reaches cell phones, tablets, laptops, and portable gaming devices. Built-in navigation systems, factory audio, and rear-seat entertainment screens are exempt.4Justia. Hawaii Revised Statutes 291C-137 – Mobile Electronic Devices
The fine is $300 for a standard violation and $400 if the stop happens in a school zone or construction area. The money goes to the state highway fund.4Justia. Hawaii Revised Statutes 291C-137 – Mobile Electronic Devices Hands-free use is the practical workaround, and pulling over to call or text is the safest route. This is one of the most aggressively enforced non-criminal traffic laws on the islands.
Seatbelt and Other Common Civil Infractions
All vehicle occupants must wear seatbelts. The base statutory fine is $45, with a mandatory $10 neurotrauma surcharge and a possible additional $10 trauma system surcharge.5Justia. Hawaii Revised Statutes 291-11.6 – Mandatory Use of Seat Belts With court fees and processing added, the real out-of-pocket cost is about $102 on Oahu, Maui, and the Big Island, and about $112 on Kauai.6Hawaii Department of Transportation. Click It or Ticket
Running a stop sign, driving on an expired safety check sticker, and parking violations are also civil infractions. They carry monetary assessments that can include fines, court costs, fees, and surcharges, and in some cases the court can add community service or a driving class.7Hawaii State Judiciary. Types of Traffic Offenses Parking fines vary by county, so check the relevant county court for current amounts.
What to Do When You Get a Citation
For a moving or equipment infraction, you have 21 days from the issue date to respond to the appropriate District Court or Traffic Violations Bureau. Miss that window and the court can enter a default judgment.8Hawaii State Judiciary. Moving or Equipment Violations
Within those 21 days, you have three choices:
- Admit and pay. You accept the infraction and pay by mail, in person, online, or by phone. The matter is resolved, and the violation goes on your record.
- Deny the infraction. You can request a hearing or submit a written statement contesting it. If you lose, you have 30 days to request a trial, where the state must prove the charge. Denial is the only option that preserves your right to appeal.
- Admit with mitigating circumstances. You acknowledge the violation but explain why or ask for a reduced penalty, in writing or at a hearing. The judge’s ruling on mitigation is final and cannot be appealed.
Many people pick mitigation when they clearly committed the violation but have a legitimate reason, like a medical emergency.
How Violations Affect Your Driving Record
Hawaii does not use a points system. In most states, each ticket adds a set number of points and enough points triggers a suspension. In Hawaii, license suspension or revocation comes directly from specific offenses, mainly DUI, excessive speeding, and other serious violations.
Your driving history is maintained by the Hawaii Department of Transportation and can be obtained through the District Courts. The driver history record shows your license class, expiration, violations, and current suspension status. For non-commercial drivers, that record may show citations and preliminary convictions but not always the final disposition. A traffic abstract or traffic court report from the Judiciary gives a fuller picture, including equipment and parking citations.9Hawaii State Judiciary. Types of Records Available for Purchase
Insurers pull these records when setting premiums, so even a civil infraction with no jail exposure can raise your rates for years. Employers who require driving check them too.
If You Live Out of State
A conviction here will likely follow you home. Hawaii belongs to the Driver License Compact, under which states share conviction information. HRS 286C-1 requires Hawaii’s licensing authority to report each out-of-state driver’s conviction to the home state, with the person identified, the violation described, and the court outcome noted.10Justia. Hawaii Revised Statutes 286C-1 – Enactment of Compact
Once the home state has the report, it treats the offense as if it had happened there, applying its own penalty rules. For DUI, vehicular manslaughter, or hit-and-run causing injury or death, that treatment is mandatory under the compact. For lesser violations like speeding, the home state has discretion.10Justia. Hawaii Revised Statutes 286C-1 – Enactment of Compact Your home state can also suspend your license for an unresolved Hawaii ticket, so ignoring one from the mainland does not make it go away.
Contesting a Ticket
For civil infractions, the standard of proof is preponderance of the evidence. At a hearing, you give your account and the judge weighs it against the officer’s notes. If you lose after denying the infraction, you have 30 days to request a trial, where the state must present witnesses and build a formal case.8Hawaii State Judiciary. Moving or Equipment Violations You can submit a written statement instead of appearing in person for minor matters.11Hawaii State Judiciary. Hawaii Civil Traffic Rules
For criminal charges like DUI or excessive speeding, the stakes are higher and the defenses more technical, including challenges to the calibration of breath testing equipment or speed detection devices, and procedural issues such as whether the officer gave the required implied consent warnings. Because the mandatory minimum penalties give judges very little room to be lenient even with first offenders, hiring a local attorney before your court date is usually worth the cost.