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Increased penalties for repeat and first-time DUI convictions

hoku • Jan 16, 2020

Motorists in Hawaii charged with driving under the influence now face much stricter punishments if convicted. A first-time offender could expect to pay a fine and also have his or her driver’s license suspended for up to one year.  

Several changes made through 2019’s House Bill 703 also increase the penalties that  habitual or repeat offenders  may receive, as reported by the Hawaii Tribune-Herald. Motorists convicted of three or more DUI offenses within 10 years may find themselves facing up to five years in jail or on supervised probation.  

HB 703 requires that repeat offenders receive a mandatory license suspension for anywhere between three to five years and pay a fine of at least $2,000. Habitual offenders may also forfeit their vehicles.  

DUI task force looks into tougher enforcement  

After several high-profile accidents occurred throughout the islands, officials of the Aloha State approved the creation of a task force to work out ways to enforce tougher DUI penalties. The working group considered a plan that would enforce a three-year prohibition on alcohol purchases for convicted DUI offenders. Further proposals from the task force could become part of the state’s 2020 legislative agenda.  

Reasonable cause required for vehicle stops  

Law enforcement officials have the authority to increase their efforts in pulling over motorists suspected of operating a vehicle while impaired. A law enforcement official may not, however, stop a motorist without reasonable cause to suspect that he or she is driving while under the influence. Signs of impairment may include speeding, making an illegal turn or swerving in and out of lanes.  

Drivers may contest charges  

During a traffic stop, if a motorist slurs words or emits a strong odor of alcohol, the officer may request the driver to submit to a breathalyzer test. Without strong evidence of a motorist’s impairment, however, a charge may not result in a conviction. An individual has the right to  contest the charge  to protect his or her driving privileges and standard of living.  

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