Hawaii OVUII and DUI Arrests: What They Mean for Your Military Career
Hawaii does not call it DUI. The offense is operating a vehicle under the influence of an intoxicant, known as OVUII. For a service member stationed in Hawaii, an OVUII arrest opens two cases at once: the State of Hawaii's criminal case and the military's response to it. The second case is where a career is won or lost.
Our firm began in Honolulu in 2010 and was based there until 2021, and we handled approximately 200 cases in Hawaii. This page explains what OVUII is under Hawaii law, what it does to a military career, and what to do first.
What OVUII Means Under Hawaii Law
Under Hawaii Revised Statutes section 291E-61, a person commits OVUII by operating or being in actual physical control of a vehicle in any of four ways:
- under the influence of alcohol in an amount sufficient to impair normal mental faculties or the ability to care for oneself and guard against casualty;
- under the influence of a drug that impairs the ability to operate the vehicle in a careful and prudent manner;
- with .08 or more grams of alcohol per 210 liters of breath; or
- with .08 or more grams of alcohol per 100 milliliters or cubic centimeters of blood.
For a first offense with no qualifying conviction in the prior ten years, the statute requires a license revocation of one year to eighteen months, an ignition interlock during the revocation, and a substance abuse program of at least fourteen hours. The court must also impose one or more of the following: 72 hours of community service, 48 hours to five days of imprisonment, or a fine of $250 to $1,000. Penalties increase for a highly intoxicated driver and for repeat offenses.
Is a DUI a felony in Hawaii? It can be. Under section 291E-61.5, habitually operating a vehicle under the influence of an intoxicant is a class C felony, or a class B felony for a highly intoxicated driver. It applies when the driver has two or more prior OVUII convictions, or a prior habitual OVUII conviction, within ten years of the new offense.
The Military Case Starts the Same Night
The State of Hawaii decides the OVUII charge. Your command decides everything else, and it does not wait for the state court.
- A Flag. In the Army, civilian charges or civilian restraint are a basis for an adverse action Flag under Army Regulation 600-8-2. A Flag is not punishment, but it suspends favorable personnel actions such as promotion, awards, schooling, reenlistment, and some reassignments, subject to the regulation's exceptions.
- Installation driving privileges. Under the military traffic regulation (Army Regulation 190-5, codified at 32 C.F.R. Part 634), an intoxicated driving incident can bring an immediate suspension of installation driving privileges pending resolution, regardless of whether it happened on or off the installation. A conviction for driving under the influence, including a civilian conviction off post, brings a mandatory one-year revocation.
- A reprimand. A Soldier can receive a general officer memorandum of reprimand under Army Regulation 600-37. It is an administrative measure, not punishment, but a filing in the Army Military Human Resource Record can follow you for the rest of your career. An active duty Soldier ordinarily has seven calendar days to submit a rebuttal. Airmen and Guardians face the parallel risk of a letter of reprimand, an Unfavorable Information File, and a control roster, with a response window that is ordinarily three duty days.
- Security eligibility. An arrest can raise a concern under the national security adjudicative guidelines. A suspension of access is not a finding of guilt, but the concern has to be answered.
- Administrative separation. A drunk driving incident can become part of a separation case.
Can the Military Punish You After the State Does?
One event can violate both Hawaii law and the UCMJ, including Article 113, which covers drunk or reckless operation of a vehicle. Under Rule for Courts-Martial 201(d), the same conduct may be tried by a civilian court, a military court, or, subject to former jeopardy rules and service regulations, both.
Service policy narrows that. Under Army Regulation 27-10, a Soldier who has been tried by a state court ordinarily will not also be tried by court martial or punished under Article 15 for the same act, although the regulation provides a controlled exception process. The Navy and Marine Corps Commander's Quick Reference requires permission from the General Court-Martial Convening Authority before nonjudicial punishment or a court martial follows a state trial. None of those rules stops a reprimand, a Flag, or an administrative separation. A state dismissal does not automatically clear the military side, and a state plea can become evidence in it.
What You Say, and to Whom
Honolulu Police Department officers are civilian law enforcement. A statement you give them is evaluated under the rules that apply in civilian court, and it can reach your command. When military investigators question you as a suspect, Article 31(b) of the UCMJ requires them to tell you the nature of the accusation, that you have the right to remain silent, and that anything you say can be used against you at a court martial. You may decline the interview and ask for a lawyer. Article 31 does not excuse you from required reporting or from following lawful orders, so report what you must report, and say nothing more about the facts until you have counsel.
What We Do, and What We Do Not Do
Bilecki Law Group does not take Hawaii state court cases or federal court cases. Tim Bilecki and Ben Gold are both licensed in Hawaii, and both are on inactive status. For the OVUII charge itself, you need a lawyer licensed and active in Hawaii.
We defend only the military side of the case: the Flag, the reprimand and its rebuttal, nonjudicial punishment, administrative separation, a Board of Inquiry, and a court martial when the command goes that far. We coordinate with your Hawaii lawyer, because a plea, a statement, or a test result in state court can decide what happens on post. Since 2003 our attorneys have defended service members, and the firm has taken more than 250 courts-martial to verdict. For the full picture of how we defend service members across the islands, see our page for a military lawyer in Hawaii.
FAQ
Is a DUI a felony in Hawaii?
A first OVUII is not a felony. Habitually operating a vehicle under the influence, which applies when the driver has two or more prior OVUII convictions within ten years, is a class C felony, or a class B felony for a highly intoxicated driver.
What happens to my military career after a DUI in Hawaii?
A Hawaii OVUII arrest can bring a Flag, a suspension of installation driving privileges, a reprimand, a security eligibility concern, and in some cases an administrative separation. None of those is automatic, and each one can be fought.
Do I need a Hawaii DUI lawyer and a military lawyer?
Often, yes. A Hawaii-licensed criminal defense lawyer handles the state OVUII case. A military defense lawyer handles the reprimand, the Flag, the separation, and any UCMJ action. The two should coordinate from the first week, because a decision in one case affects the other.
Can the military punish me if Hawaii already did?
The Constitution allows both a state and the military to act on the same conduct, but service policy restricts a second trial or nonjudicial punishment after a state trial. Those limits do not prevent a reprimand, a Flag, or an administrative separation.