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Understanding How OVUII Charges Are Classified in Hawaii
In Hawaii, impaired driving offenses are referred to as OVUII—Operating a Vehicle Under the Influence of an Intoxicant. Unlike many other states that use the term DUI or DWI, Hawaii uses OVUII as its official legal designation. A common question is whether an OVUII is classified as a felony or a misdemeanor, and the answer depends on the nature of the offense and the driver’s prior record.
Hawaii generally treats most first and second OVUII offenses as misdemeanors or petty misdemeanors, depending on the circumstances. However, certain repeat offenses or cases involving aggravating factors may rise to the level of a felony. Understanding the difference between these classifications is important for anyone trying to make sense of the legal process and possible penalties involved.
This article provides a clear overview of how Hawaii classifies OVUII offenses, when a charge remains a misdemeanor, and under what conditions it may escalate to a felony. It also explains how this classification affects the severity of penalties, court procedures, and long-term consequences.
Let’s begin with the basic definitions of how crimes are categorized in Hawaii’s legal system.
Misdemeanor vs Felony: How Hawaii Defines Offense Levels
Hawaii classifies criminal offenses into several categories, including petty misdemeanors, misdemeanors, and felonies. The category of the offense directly affects the type of penalties that can be imposed.
- Petty misdemeanor: Punishable by up to 30 days in jail and a fine of up to $1,000
- Misdemeanor: Punishable by up to one year in jail and higher fines
- Felony: Punishable by more than one year in prison, and classified into Class A, B, or C, depending on the severity
For OVUII offenses, Hawaii typically assigns first offenses to the petty misdemeanor category. These cases involve lighter penalties and shorter jail time—if any. A second OVUII within 10 years is generally treated as a standard misdemeanor, with longer jail requirements and increased fines.
Only in certain specific situations—such as repeated offenses or serious harm caused during the incident—does an OVUII offense become a felony. These cases represent a small portion of total OVUII charges but carry much more serious consequences.
First and Second OVUII Offenses Are Usually Misdemeanors
For most drivers arrested for OVUII in Hawaii, the offense will be processed as either a petty misdemeanor or misdemeanor, depending on whether it is a first or second offense.
First OVUII offense:
- Classified as a petty misdemeanor
- Punishable by up to 30 days in jail, although jail is often waived in favor of community service or treatment
- Includes fines, license revocation, and ignition interlock device requirements
Second OVUII offense (within 10 years):
- Classified as a misdemeanor
- Requires a minimum of 5 days in jail
- Includes larger fines, longer license revocation, and mandatory treatment programs
These classifications apply even if the offense involved a high blood alcohol concentration (BAC) or took place in a high-risk situation. However, aggravating circumstances may increase penalties within the misdemeanor classification.
So while a second OVUII is more serious than a first, it still does not automatically qualify as a felony in Hawaii unless specific criteria are met.
When an OVUII Becomes a Felony in Hawaii
An OVUII charge may be elevated to a felony under Hawaii law in certain specific scenarios. These typically involve repeat offenses, injury-causing accidents, or high-risk behaviors.
Common reasons an OVUII may be charged as a felony:
- Habitual OVUII Offender
- A driver with three or more prior OVUII convictions within the past 10 years
- Automatically charged as a Class C felony
- May result in up to 5 years in prison, substantial fines, and long-term license revocation
- Injury or Death Caused While Driving Impaired
- If an OVUII results in serious bodily injury or death, prosecutors may file additional felony charges such as negligent homicide or manslaughter
- These are separate criminal charges, but often arise from OVUII-related incidents
- Prior Felony Convictions
- Drivers with an existing felony record may face harsher classification, even for lower-level OVUII charges
- This is evaluated on a case-by-case basis
Felony OVUII cases are prosecuted more aggressively and typically involve grand jury indictments or preliminary hearings. If convicted, the person may face long-term incarceration, permanent loss of driving privileges, and significant long-term consequences beyond standard penalties.
Consequences of a Felony OVUII Conviction
Being convicted of a felony OVUII in Hawaii results in penalties that go far beyond those of misdemeanor cases. These penalties are designed to reflect the increased public safety risk posed by repeat or dangerous offenders.
Possible felony-level penalties include:
- Prison sentence of up to 5 years (Class C felony)
- Fines up to $10,000
- Revocation of driving privileges for 5 years or longer
- Vehicle forfeiture in some cases
- Mandatory substance abuse treatment and court monitoring
- Permanent felony record, which can affect employment, housing, and civil rights
These consequences apply only in felony-level cases, but they demonstrate the seriousness with which Hawaii treats repeat and high-risk OVUII violations. For most individuals, avoiding a third offense within ten years is critical to staying within the misdemeanor category.
The Role of Administrative Penalties Regardless of Classification
Whether an OVUII is charged as a misdemeanor or felony, administrative penalties still apply. These are handled separately by Hawaii’s Administrative Driver’s License Revocation Office (ADLRO) and are imposed immediately after arrest, regardless of court outcomes.
These penalties include:
- License revocation (90 days to 2+ years depending on the case)
- Mandatory alcohol or drug assessment
- Ignition interlock device installation
- Fees for reinstatement and administrative processing
Administrative actions are not affected by how the case is classified in criminal court. That means even a petty misdemeanor OVUII results in real penalties—often before the case is resolved in court.
Understanding both sides of the penalty system is important for anyone facing an OVUII in Hawaii. The classification as misdemeanor or felony affects criminal court, but the administrative system runs independently and enforces its own timeline and rules.
FAQ About OVUII Classifications in Hawaii
Is an OVUII a felony in Hawaii?
Most first and second OVUII offenses are misdemeanors or petty misdemeanors. A felony classification applies for repeat offenses or serious injury/death cases.
What’s the difference between a petty misdemeanor and a misdemeanor?
A petty misdemeanor carries a maximum of 30 days in jail, while a misdemeanor can result in up to one year in jail. Both include fines and license penalties.
When does an OVUII become a felony?
An OVUII becomes a felony if the driver has three or more prior convictions within ten years or causes serious injury or death while impaired.
Does the administrative revocation change based on felony or misdemeanor classification?
No. Administrative penalties apply independently of criminal classification and begin after arrest.
What happens if I’m convicted of felony OVUII?
You may face up to 5 years in prison, higher fines, long-term license revocation, and a permanent criminal record.
Can a second OVUII offense be a felony?
No. A second OVUII is still classified as a misdemeanor, although penalties are more severe than for a first offense.
Does Hawaii look at OVUII convictions from other states?
Yes. Out-of-state DUI convictions may be counted if they meet Hawaii’s legal definitions and are recognized by the court.
Conclusion
In Hawaii, most OVUII charges are classified as either petty misdemeanors or misdemeanors. First-time offenses usually fall into the petty misdemeanor category, while second offenses are treated as misdemeanors. Only in specific situations—such as repeat offenses or incidents involving serious injury—do OVUII charges rise to the level of a felony.
Understanding this classification helps clarify what to expect from the legal process and how serious the consequences can be. Regardless of whether a charge is a misdemeanor or felony, Hawaii’s administrative penalties apply alongside the criminal process and can result in license revocation and other restrictions.
For a full view of state laws and how OVUII charges affect your record and penalties, visit State By State DUI Laws. For more detail on how legal classification shapes outcomes, see How State DUI Laws Affect Arrests and Penalties.