Hawaii Criminal Defense Laws

Prosecution for sexual assault in the first and second degrees, sex trafficking, and continuous sexual assault of a minor under 14 may be commenced at any time.

Misdemeanor charges must be brought within 2 years after the offense is committed.

Prosecution for petty misdemeanors and violations must be commenced within 1 year.

Crimes are graded as felonies (classes A, B, and C), misdemeanors, and petty misdemeanors. A felony carries a possible sentence of more than 1 year imprisonment. Misdemeanors carry up to 1 year. Petty misdemeanors carry up to 30 days.

Non-conviction arrest records may be expunged upon written request to the Hawaii Criminal Justice Data Center. Certain first-time drug and property offense convictions may also qualify for expungement.

Operating a vehicle under the influence of an intoxicant (OVUII) is illegal at a BAC of 0.08% or higher (0.04% for commercial vehicles). A first offense carries 72 hours of community service or 48 hours to 5 days jail, a $150-$1,000 fine, a 14-hour rehabilitation program, and 1-year to 18-month license suspension.

Any person charged with an offense punishable by imprisonment has the right to be represented by counsel. If the person cannot afford an attorney, one will be appointed by the court.