CRIMINAL PENALTIES
If you are convicted for a first offense DUI, or an offense that is treated like a first offense because it is not
"preceded within a five-year period by a conviction for an offense under [section
291E-61] or section 291E-4", then you "shall be sentenced as follows without possibility of probation or suspension of sentence:
(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;
(B) Ninety-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the ninety-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in substance abuse treatment programs;
(C) Any one or more of the following:
(i) Seventy-two hours of community service work;
(ii) Not less than forty-eight hours and not more than five days of imprisonment; or
(iii) A fine of not less than $150 but not more than $1,000; and
(D) A surcharge of $25 to be deposited into the neurotrauma special fund;
If the judge wants to throw the book at you, it is possible to get "... [s]eventy-two hours of community service work" plus "five days of imprisonment" plus a $1,000.00 fine. However, it is quite rare for anyone who has not requested credit for time served in jail to be sentenced to jail on a first offense DUI. Some judges impose higher than minimum fines for cases with what they consider to be egregious factors (e.g. high alcohol concentration test results, motor vehicle accidents, uncooperative conduct during the arrest, etc.). Community service is generally not ordered, unless requested by a defendant whose financial circumstances make it impossible, or a hardship, to pay a fine.
A suspension of your driving privileges for a criminal conviction for DUI, means that you must surrender to the court, and thus cannot use, your driver's license for the period of the suspension. However, at the end of the period of suspension, the driver's license that you surrendered, can be returned to you, and you can resume using it for the remainder of the period that it was originally issued for. An administrative revocation by the ADLRO means that you will never be able to use that driver's license again. At the end of the period of revocation, you will have to apply for a new license (as if you were applying for a license for the first time).
HRS § 291E-61(c) also states:
No license and privilege suspension or revocation shall be imposed pursuant to this section if the person's license and privilege to operate a vehicle has previously been administratively revoked pursuant to part III for the same act; provided that, if the administrative suspension or revocation is subsequently reversed, the person's license and privilege to operate a vehicle shall be suspended or revoked as provided in this section.
It is both statutorily prohibited, and a logical impossibility, to suspend driving privileges that have all ready been administratively revoked by the ADLRO. However, it is still quite common for judges to order that your license "... shall be suspended for 90 days, to run concurrently with any period of administrative revocation."
A license suspension for a first offense always involves 30 days of absolute suspension. During the 30 day period there is no driving, anywhere, for any reason. However, when a conditional driving permit is properly granted, for 60 of the 90 days, you will be permitted to drive:
(1) to and from work; or
(2) to and from work and for work related purposes.
The conditional permit can also enable you to drive to and from any driver's education classes that are ordered by the court, and to and from any court-ordered alcohol abuse treatment or counseling. However, it does no good to receive a conditional permit as part of a criminal sentence, unless you either beat you ADLRO case, or are awarded similar conditional driving privileges by the ADLRO.
In addition to these penalties, the HRS § 291E-61(d) also requires that:
(d) Whenever a court sentences a person pursuant to subsection (b), it also shall require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the offender's substance abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence. All costs for assessment and treatment shall be borne by the offender.
To get the "alcohol assessment" required by HRS §
291E-61(d), you will be required to make an appointment for an intake interview with the County Division Of Driver's Education for the county that you live in. At an intake interview after a DUI criminal conviction, the County Division Of Driver's Education counselor who conducts the intake interview will refer you to a
"certified substance abuse counselor" for an assessment of your "substance abuse or dependence and the need for appropriate
treatment", if any. If the substance abuse counselor makes a determination that you have a problem with alcohol abuse or dependence, you can be ordered as part of your sentence for the criminal case get "appropriate treatment." If you do not want to be ordered to attend meetings
of alcoholics anonymous, to get outpatient counseling, receive inpatient treatment, etc., you had better ensure that the substance abuse counselor has all of the information that is needed to avoid making such a recommendation (e.g. you accept responsibility for the error of your ways, you have stopped drinking, you are remorseful for all the trouble you have caused for others, and it will never happen again).
In addition to the potential fine described above, you will also be required to pay a total of at least $157.00 in Court in fees and administrative costs. You will be ordered to pay $100 as a special DUI assessment fee. You will be required to pay the "surcharge of $25 to be deposited into the neurotrauma special fund" required by § 291E-61(D). You will also be required to pay $25.00 as "contribution" to the Criminal Injuries Compensation Fund. You will also be required to pay the a $7 contribution to help to fund driver's education classes.
There is a $250.00 Drug Demand Reduction fee that can also be assessed.
Finally, for those who took a blood alcohol concentration test, § 291E-61(f) states: "Any person sentenced under this section may be ordered to reimburse the county for the cost of any blood or urine tests conducted pursuant to section 291E-11. The court shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test."
If you received a minimum $150.00 fine, and were also ordered to pay another $157.00, for fees and costs, total out of pocket expense for the sentence will be $307.00.
If you have $500.00 posted in your case as bail, the court will generally apply the bail toward your fines and fees, leaving you with a bail refund of $193.00.
However, if you cannot avoid the sometimes overlooked $250 Drug Demand Reduction Fee - or cannot eventually get it waived - you will be required to make a payment of $57 - after your bail is applied toward your fines and fees).
If you do not have bail posted, the court will usually give you up to 60 days to make any payments. If more time is needed, you can request a referral to the "Payment Court" to work out a longer term payment plan.
For information concerning criminal penalties for 2nd and 3rd offenses within a
five year period, click on the following link
2nd and 3rd Offenses
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