Hawaii

Implied Consent Laws

Drugs

§291E-11 - Learn More
Any person who operates a vehicle upon a public way, street, road, or highway or on or in the waters of the State shall be deemed to have given consent, subject to this part, to a test or tests approved by the director of health of the person's breath, blood, or urine for the purpose of determining alcohol concentration or drug content of the person's breath, blood, or urine, as applicable.

Blood

§291E-11 - Learn More
Any person who operates a vehicle upon a public way, street, road, or highway or on or in the waters of the State shall be deemed to have given consent, subject to this part, to a test or tests approved by the director of health of the person's breath, blood, or urine for the purpose of determining alcohol concentration or drug content of the person's breath, blood, or urine, as applicable.

Urine

§291E-11 - Learn More
Any person who operates a vehicle upon a public way, street, road, or highway or on or in the waters of the State shall be deemed to have given consent, subject to this part, to a test or tests approved by the director of health of the person's breath, blood, or urine for the purpose of determining alcohol concentration or drug content of the person's breath, blood, or urine, as applicable.

Oral Fluids

No Data Available
No Data Available

Other

No Data Available
No Data Available

DUI Statutes

Drugs

§291E-61 - Learn More
A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle: (1) While under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty; (2) While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner; (3) With .08 or more grams of alcohol per two hundred ten liters of breath; or (4) With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood.

Combined/Multiple Substance

No Data Available
Not referenced in statute

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

§291E-65 - Learn More
License suspension for 12 months (first suspension) or 2 – 5 years (2nd or subsequent suspension w/in 5 years)

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

§291E-16 - Learn More
Administrative hearing for <21 only see §291E-65(6)(c)(2)(e) - Learn More
Evidence of refusal shall be admissible only in a proceeding under part III or section 291E-65 and shall not be admissible in any other action or proceeding, whether civil or criminal.

Criminal Trial

§291E-16 - Learn More
Evidence of refusal shall be admissible only in a proceeding under part III or section 291E-65 and shall not be admissible in any other action or proceeding, whether civil or criminal.

ALR Laws

Cannabis

§291E-61 Learn More
Same as for alcohol

Length/Time of Restriction

§291E-61 Learn More
One year on first conviction; 2 – 3 years on 2nd or subsequent conviction.

Hardship License Available

§291E-44.5 - Learn More
Interlock required except when driving employer's vehicle under limited circumstances

Random Drug Testing or Ignition Interlock Requirements

Cannabis

§291E-61 Learn More
Same as for alcohol. Interlock required for 1 year on first conviction; for 2-3 years on second and subsequent convictions

Other Drugs

§291E-61 Learn More
Same as for alcohol. Interlock required for 1 year on first conviction; for 2-3 years on second and subsequent convictions

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available
No Data Available

Cannabis Per Se Statute

No Statute

Threshold

None

Nanogram Limit

None

DUI Standards

Impairment-based standard for alcohol, cannabis and all drugs. See §291E-61 - Learn More

Provisions for Screening Cannabis/Assessment/Education/Treatment

§291E-61 - Learn More
First offense DUI (regardless of impairing substance) requires 14-hour minimum rehab program

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

§291E-61 - Learn More
First offense (w/in 10-year period): 14-hour minimum rehab program; 1 year license revocation and installation of interlock device; and one or more of: 72 hours community service; 48 hours to 5 days imprisonment; $250 - $1,000 fine plus surcharges
Second or subsequent offense (w/in 10-year period): License revocation between 2 and 3 years and installation of interlock device; either minimum 240 hours community service or 5 – 30 days imprisonment w/ 48 hours consecutive; $1,000 - $3,000 fine plus surcharges

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

No
No Data Available

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No Data Available

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

§291E-61 - Learn More
If convicted w/ passenger younger than 15, sentenced to additional $500 fine and additional imprisonment of 48 hours

Statutes with THC Listed as Delta 8, 9, 10, or 11

No Data Available

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

No Data Available

Underage Cannabis Laws and Penalties

Underage Possession

§329-122 - Learn More
Medical use only

Underage Consumption

§329-122 - Learn More
Medical use only

Underage Purchase

§329-122 - Learn More
A parent, guardian, or person having legal custody must control acquisition

Underage Attempt to Purchase

No Data Available
No Data Available

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

A minor patient only qualifies with parental consent and if the adult controls the dosage, frequency of use, and acquisition of marijuana.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

See §329-122 - Learn More which outlines the conditions under which minors may consume medical marijuana.

Social Host Laws

Cannabis

No
Hawaii doesn't have a dram shop or social host liability statute. The law in this area was established by Hawaiian courts and only covers alcohol.

Drugs

No
Hawaii doesn't have a dram shop or social host liability statute. The law in this area was established by Hawaiian courts and only covers alcohol.

Penalties for Retailers Who Knowingly Sell to People Under 21

Although recreational marijuana is not legal in Hawaii, any person who uses an individual under the age of 18 to facilitate the distribution of a controlled substance is guilty of a class B felony punishable by B felony punishable by 10 years in prison and/or $25,000 fine, unless the offense occurred on or within school grounds, school vehicles, or a public park, in which case it is a class A felony punishable by 20 years in prison and/or $50,000 fine. See §712-1249.7 - Learn More

Other

No Data Available