DUI? DWI? OVUII? Hawaii’s little-known driving law explained Published Oct. 21, 2015 By Staff Sgt. Christopher Stoltz 15th Wing Public Affairs JOINT BASE PEARL HARBOR-HICKAM -- There are many privileges when a person lives in an island paradise. Beyond the myriad of hiking trails, gorgeous beaches with crystal blue waters, delicious food and (mostly) perfect weather, there is also a vibrant culture for service members to experience while living in Hawaii. It is not uncommon for Airmen and Sailors to enjoy a libation (or two) after a week of hard work, but while Hawaii is full of pleasant surprises, it can also provide some surprising ones to those who do not know the local laws in place. Unfortunately, in some instances, this ignorance of the laws has led to instances which did not end well for those who decided to have a drink and drive. Air Force Capt. Lance A. McKeever, JBPHH Security operations officer, said ignorance of the laws where service members are stationed is not a valid defense in a court of law. In addition, he said there have been instances where service members have found themselves in trouble after claiming to only have one drink. According to McKeever, in addition to having established legal limits on blood alcohol content, or BAC, Hawaii is place to a specific set of laws called OVUII. (Operating a vehicle under the influence of an intoxicant) Under this law, if a police officer believes alcohol is involved in an accident or incident regarding a vehicle, or if a person seems impaired in any fashion, the officer can then administer a chemical test to determine a person's blood alcohol content. The other portion of Hawaii's OVUII law many people do not know about is implied consent laws. "This means, that if you refuse to take or fail a chemical test, the Department of Transportation, and the Administrative Driver's License Revocation Office (ADLRO), will automatically suspend your license." Now while the laws are black and white, there seems to be shades of grey when it comes to determining impairment and one's ability to 'handle' their alcohol. "Alcohol tolerance levels vary from person to person and the issue comes down to impairment," said Air Force Capt. Ashleigh Nguyen, 15th Wing Assistant Staff Judge Advocate. "One person may have a drink with dinner and be completely fine to drive, whereas another person may have just one drink and be too impaired to drive. You have to use common sense and exercise good judgment." In addition to exercising good judgment when drinking, Capt. Nguyen and Capt. McKeever said the smartest idea is to never drink and drive. However, they said it is always a good idea to have contingencies in place. "My advice would be to always have a plan," said McKeever. "That means always have a way to get there and get home safely. Lastly, if you are stuck in a situation in which you cannot drive, get a taxi. It is much cheaper than a DUI, DWI, or OVUII." For more information about Hawaii's OVUII laws, visit http://www.capitol.hawaii.gov/hrscurrent/vol05_ch0261-0319/hrs0291e/hrs_0291e-0061.htm. §291E-61: Operating a vehicle under the influence of an intoxicant. (a) 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: · 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; · While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner; · With .08 or more grams of alcohol per two hundred ten liters of breath; or · With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood.