What Happens if You Get an OVUII (DUI) as a Tourist in Hawaii?
If you receive an OVUII (DUI) while visiting Hawaii, you face strict local criminal charges and a potential license suspension in your home state. Fortunately, a local attorney can often appear in court on your behalf, so you do not have to fly back.
A dream vacation to Hawaii can quickly turn into a nightmare if you are pulled over after having a few drinks at a luau or a resort bar. In Hawaii, the legal term for drunk driving is not DUI; it is Operating a Vehicle Under the Influence of an Intoxicant (OVUII). If you are an out-of-state visitor, you might assume that leaving the islands means leaving your legal troubles behind. This is a massive and dangerous misconception. Ignoring an OVUII charge in Hawaii will result in a bench warrant for your arrest and severe consequences back in your home state. To navigate this stressful situation, we strongly recommend browsing our directory to hire a local Hawaii defense lawyer to protect your rights.
Step-by-Step Process for Tourists Facing an OVUII
Navigating the Hawaii criminal justice system from thousands of miles away requires strategic planning. The laws governed by Haw. Rev. Stat. § 291E-61 apply equally to residents and tourists. The steps below outline how this process typically unfolds for a non-resident.
Rental Car Agency Policies After Arrest
If you are arrested for an OVUII, the police will typically tow your rental vehicle. The rental car agency will be notified immediately. Almost all major rental contracts contain strict clauses explicitly prohibiting driving while intoxicated. Once the agency retrieves the vehicle, they will charge the credit card on file for exorbitant towing fees, impound fees, and "loss of use" charges. Furthermore, you will likely be permanently blacklisted from renting from that agency (and its corporate affiliates) nationwide.
Out-of-State Driver's License Compact (DLC) Impacts
Many tourists believe that Hawaii cannot suspend a driver's license issued by California, Texas, or New York. While Hawaii cannot physically confiscate your out-of-state plastic card permanently, they will revoke your privilege to drive *within* Hawaii. More importantly, Hawaii is a member of the Driver License Compact (DLC). The Hawaii authorities will report your OVUII conviction directly to your home state's Department of Motor Vehicles. Your home state will then likely apply its own penalties, which can include a lengthy suspension of your home-state license, skyrocketing insurance premiums, and mandatory DUI classes.
Mandatory Court Appearances vs. Appearing via Zoom
A primary concern for tourists is the prospect of spending thousands of dollars on last-minute flights to attend court dates in Hawaii. Depending on the judge and the severity of the offense, your hired local lawyer can often file a Form C, Hawaii, District Court, Waiver of Physical Presence; Submission of Plea. This allows your attorney to attend arraignments and pre-trial hearings on your behalf. Additionally, since the pandemic, many courts allow defendants to appear via Zoom for certain proceedings. However, if your case goes to trial, you will generally be required to return to the island.
Differences Between Honolulu, Maui, and Kauai Courts
Hawaii's court system operates across different circuits, and the exact procedures can vary slightly depending on where you were arrested.
- Oahu: If arrested in Waikiki or Honolulu, your case will be handled by the District Court of the First Circuit, Honolulu. This is the busiest court in the state, and processing times can be lengthy.
- Maui: An arrest in Lahaina or Kihei means dealing with the District Court of the Second Circuit, Wailuku. Judges here are known for strictly enforcing OVUII penalties due to high tourist traffic on narrow roads.
- Kauai: Cases on the Garden Isle go through the District Court of the Fifth Circuit, Lihue, where the legal community is smaller, and maintaining a good relationship with local prosecutors is vital for your attorney.
How Much Does it Cost in Hawaii?
The financial toll of a tourist OVUII is substantial. You must account for fines, legal representation, and travel costs.
| Type of Expense | Estimated Cost in USD |
|---|---|
| Court Fines and Assessments (First Offense) | $250 to $1,000 |
| Substance Abuse Assessment Fee | $150 to $300 |
| Rental Car Towing and Impound Fees | $300 to $800 |
| Local OVUII Defense Attorney | $2,500 to $6,000+ |
How Long Does the Process Take?
An OVUII case in Hawaii typically takes between 3 to 6 months to resolve if a plea agreement is reached. If you choose to challenge the breathalyzer results or police procedures, as seen in pivotal cases like State v. Wilson, 92 Haw. 45 (HI Supreme Court 1999) regarding implied consent warnings, the legal process can extend to 9 to 12 months. During this entire period, having local representation is crucial so you can remain safely at home.
Frequently Asked Questions (FAQ)
Will a Hawaii OVUII show up on my background check back home?
Yes. Criminal convictions in Hawaii are entered into national databases like the NCIC. Any employer running a standard multi-state background check will see the OVUII conviction.
What happens if I just ignore the ticket and never return to Hawaii?
If you fail to appear in court or hire an attorney to appear for you, the judge will issue a bench warrant for your arrest. While bench warrants for misdemeanor OVUII offenses under Haw. Rev. Stat. § 291E-61 are typically non-extraditable across state lines due to prohibitive transportation costs, the warrant remains active indefinitely. Any future return to Hawaii or standard background check will trigger an immediate arrest.
Can I do the mandatory alcohol classes in my home state?
Often, yes. A skilled attorney can petition the court to allow you to complete an equivalent state-approved 14-hour substance abuse program in your home state rather than flying back to Hawaii.
Is it possible to plead to a lesser charge as a tourist?
Depending on the evidence and your blood alcohol level, an attorney may negotiate a plea down to a lesser offense, such as Reckless Driving, though prosecutors in Hawaii are notoriously tough on OVUII charges.
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