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Code Section
291-4, 5; 291E-61; 291E-61.5; 291E-3; 291E-64

BAC Legal Limit
.08% BAC or breath within 3 hrs. after the time of the alleged violation (no presumption for .05-.08% BAC, but may be used in intoxication determination); under age 21: any measurable amount of alcohol

Rehabilitation Required?
1st: 14 hrs. minimum alcohol abuse rehab program including education and counseling or comparable program approved by court; subsequent: may be required pending evaluation by substance abuse counselor

Driver’s License Suspension?
1st: 90 days (court can make it 30 days total prohibition and 60 days only for work and rehab); 2nd: 1 yr. absolute prohibition; 3rd: 1-5 yrs.

Other Penalties
1st: $150-1000 and/or min. 48 hrs.-5 days jail and/or 72 hrs. community service; 2nd within 5 yrs.: $500-1500, 240 hrs. community service or 5-14 days imprisonment (48 hrs. consecutively) 3rd within 5 yrs.: $500-2500 and 10-30 days jail (48 hrs. consecutively); 3rd and subsequent within 10yrs.: habitual offender, class C felony, 5 yrs. jail or probation (10 days jail)

Inside Hawaii