Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 291
Hawaii Revised Statutes

Haw. Rev. Stat. § 291-4 (2026)

to 291-4.5  REPEALED

✓ current as of July 2026
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     §§291-4 to 291-4.5  REPEALED.  L 2000, c 189, §§30 to 33.

 

Cross References

 

  For present provisions, see chapter 291E.

 

 

Notes of Decisions
Cited in 183 cases (5 in the last 5 years), 1974–2023 · leading case: State v. Nesmith, 276 P.3d 617 (Haw. 2012).
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State v. Nesmith, 276 P.3d 617 (Haw. 2012). · cites it 111× “When the Territory of Hawai`i first established a DUI law in 1949, the act read: Sec. 11721. Driving under the influence of intoxicating liquor.”
State v. Cummings, 63 P.3d 1109 (Haw. 2003). · cites it 80× “As amended, and in its entirety, HRS § 291-4(a)(1) provided as follows: § 291-4 Driving under the influence of intoxicating liquor.”
State v. Nakata, 878 P.2d 699 (Haw. 1994). · cites it 58× “Whether the amendments to the sentencing provisions of HRS [§] 291-4 provided in Act 128, Session Laws of Hawaii, Regular Session of 1993, effective May 21,1993, eliminate[ ] the right to jury trial for defendants charged with a first offense under HRS § 291-4. 2. If the…”
State v. Ruggiero, 160 P.3d 703 (Haw. 2007). · cites it 42× “" As noted above, to support its conclusion that HRS § 291E-61(b)(1)-(4) was a "substantial reenactment" of HRS § 291-4 [6] and 291-4.4, the *725 majority restyled the new sentencing provisions in HRS § 291E-61(b)(1)-(4) into elements in order to transform them into their prior…”
State v. Davia, 953 P.2d 1347 (Haw. 1998). · cites it 52× “Additionally, Davia asserts that the ninety-day suspension of his driver’s license (3) was not authorized by HRS § 291-4 and (4) constituted cruel and unusual punishment in violation of the eighth amendment to the United States Constitution 2 and article I, section 12 of the…”
State v. Shimabukuro, 60 P.3d 274 (Haw. 2002). · cites it 46× “4(a), see supra note 1, without construing the statute in pari materia with the DUI statute, HRS § 291-4 (Supp.1998). See HRS § 1-16 (1993) ("Laws in pari materia, or upon the same subject matter, shall be construed with reference to each other.”
State v. Domingues, 107 P.3d 409 (Haw. 2005). · cites it 54× “4(b) stated that "these offenses include violations under HRS §§ 291-4 [(driving under the influence of intoxicating liquor)], 291-7 [(driving under the influence of drugs)], or 707-702.”
State v. Ferrer, 23 P.3d 744 (Haw. App. 2001). · cites it 25× “In its answering brief, Plaintiff Appellee State of Hawai'i (the State) states that [tjhere is ambiguity in the record as to whether or not the trial court even found Defendant guilty under the [HRS § 291-4](a)(2) count As the trial court apparently did not find Defendant guilty…”
State v. Wheeler, 219 P.3d 1170 (Haw. 2009). · cites it 14× “In doing so, the legislature repealed an earlier DUI law, HRS § 291-4 (Supp.2000), and enacted HRS § 291E-61.”
State v. Wilson, 987 P.2d 268 (Haw. 1999). · cites it 26× “BACKGROUND On December 5, 1997, Wilson was charged by criminal complaint with one count of DUI, in violation of HRS § 291-4 (1993). [1] The complaint also charged Wilson with one count of disregarding longitudinal traffic markings, in violation of HRS § 291C-38 (1993).”
State v. Garcia, 29 P.3d 919 (Haw. 2001). · cites it 16× “Nakata dealt with reserved questions of law from the circuit court as to (1) whether Act 128 of the 1993 Hawai`i Session Laws eliminated the right to jury trial for HRS § 291-4 [17] defendants charged with driving under the influence of alcohol, and (2) if so, whether the Act…”
State v. Toyomura, 904 P.2d 893 (Haw. 1995). · cites it 15× “3 In the meantime, the State of Hawai'i (the prosecution) initiated proceedings to prosecute Toyomura criminally for DUI, pursuant to HRS § 291-4(a). 4 On March 3,1994, immediately prior to the commencement of his bench trial, Toyomura orally moved to dismiss the DUI charge…”
Show all 183 citing cases →
— Haw. Rev. Stat. § 291-4(1)(a) — 1 case
State v. Kim, 711 P.2d 1291 (Haw. 1985).
— Haw. Rev. Stat. § 291-4(A)(1) — 1 case
State v. Bebb, 53 P.3d 1198 (Haw. App. 2001).
— Haw. Rev. Stat. § 291-4(a) — 39 cases
State v. Grindles, 777 P.2d 1187 (Haw. 1989).
State v. Lowther, 740 P.2d 1017 (Haw. App. 1987).
State v. Toyomura, 904 P.2d 893 (Haw. 1995). “3 In the meantime, the State of Hawai'i (the prosecution) initiated proceedings to prosecute Toyomura criminally for DUI, pursuant to HRS § 291-4(a). 4 On March 3,1994, immediately prior to the commencement of his bench trial, Toyomura orally moved to dismiss the DUI charge…”
State v. Cummings, 63 P.3d 1109 (Haw. 2003). “As amended, and in its entirety, HRS § 291-4(a)(1) provided as follows: § 291-4 Driving under the influence of intoxicating liquor.”
State v. Nesmith, 276 P.3d 617 (Haw. 2012). “When the Territory of Hawai`i first established a DUI law in 1949, the act read: Sec. 11721. Driving under the influence of intoxicating liquor.”
— Haw. Rev. Stat. § 291-4(a)(1) — 41 cases
State v. Cummings, 63 P.3d 1109 (Haw. 2003). “As amended, and in its entirety, HRS § 291-4(a)(1) provided as follows: § 291-4 Driving under the influence of intoxicating liquor.”
State v. Toyomura, 904 P.2d 893 (Haw. 1995). “3 In the meantime, the State of Hawai'i (the prosecution) initiated proceedings to prosecute Toyomura criminally for DUI, pursuant to HRS § 291-4(a). 4 On March 3,1994, immediately prior to the commencement of his bench trial, Toyomura orally moved to dismiss the DUI charge…”
State v. Dow, 806 P.2d 402 (Haw. 1991).
State v. Prendergast, 83 P.3d 714 (Haw. 2004).
State v. Mezurashi, 881 P.2d 1240 (Haw. 1994).
— Haw. Rev. Stat. § 291-4(a)(1)(1985) — 1 case
State v. Fedak, 825 P.2d 1068 (Haw. App. 1992).
— Haw. Rev. Stat. § 291-4(a)(2) — 45 cases
State v. Nesmith, 276 P.3d 617 (Haw. 2012). “When the Territory of Hawai`i first established a DUI law in 1949, the act read: Sec. 11721. Driving under the influence of intoxicating liquor.”
State v. Ferrer, 23 P.3d 744 (Haw. App. 2001). “In its answering brief, Plaintiff Appellee State of Hawai'i (the State) states that [tjhere is ambiguity in the record as to whether or not the trial court even found Defendant guilty under the [HRS § 291-4](a)(2) count As the trial court apparently did not find Defendant guilty…”
State v. Nesmith, 257 P.3d 245 (Haw. App. 2011).
State v. Cummings, 63 P.3d 1109 (Haw. 2003). “As amended, and in its entirety, HRS § 291-4(a)(1) provided as follows: § 291-4 Driving under the influence of intoxicating liquor.”
State v. Garcia, 29 P.3d 919 (Haw. 2001). “Nakata dealt with reserved questions of law from the circuit court as to (1) whether Act 128 of the 1993 Hawai`i Session Laws eliminated the right to jury trial for HRS § 291-4 [17] defendants charged with driving under the influence of alcohol, and (2) if so, whether the Act…”
— Haw. Rev. Stat. § 291-4(a)(l) — 48 cases
State v. Cummings, 63 P.3d 1109 (Haw. 2003). “As amended, and in its entirety, HRS § 291-4(a)(1) provided as follows: § 291-4 Driving under the influence of intoxicating liquor.”
State v. Toyomura, 904 P.2d 893 (Haw. 1995). “3 In the meantime, the State of Hawai'i (the prosecution) initiated proceedings to prosecute Toyomura criminally for DUI, pursuant to HRS § 291-4(a). 4 On March 3,1994, immediately prior to the commencement of his bench trial, Toyomura orally moved to dismiss the DUI charge…”
State v. Grindles, 777 P.2d 1187 (Haw. 1989).
State v. Mezurashi, 881 P.2d 1240 (Haw. 1994).
State v. DiBenedetto, 906 P.2d 624 (Haw. App. 1995).
— Haw. Rev. Stat. § 291-4(b) — 11 cases
State v. Ruggiero, 160 P.3d 703 (Haw. 2007). “" As noted above, to support its conclusion that HRS § 291E-61(b)(1)-(4) was a "substantial reenactment" of HRS § 291-4 [6] and 291-4.4, the *725 majority restyled the new sentencing provisions in HRS § 291E-61(b)(1)-(4) into elements in order to transform them into their prior…”
State v. Davia, 953 P.2d 1347 (Haw. 1998). “Additionally, Davia asserts that the ninety-day suspension of his driver’s license (3) was not authorized by HRS § 291-4 and (4) constituted cruel and unusual punishment in violation of the eighth amendment to the United States Constitution 2 and article I, section 12 of the…”
State v. Toyomura, 904 P.2d 893 (Haw. 1995). “3 In the meantime, the State of Hawai'i (the prosecution) initiated proceedings to prosecute Toyomura criminally for DUI, pursuant to HRS § 291-4(a). 4 On March 3,1994, immediately prior to the commencement of his bench trial, Toyomura orally moved to dismiss the DUI charge…”
State v. O'BRIEN, 704 P.2d 905 (Haw. App. 1985).
State v. Shimabukuro, 60 P.3d 274 (Haw. 2002). “4(a), see supra note 1, without construing the statute in pari materia with the DUI statute, HRS § 291-4 (Supp.1998). See HRS § 1-16 (1993) ("Laws in pari materia, or upon the same subject matter, shall be construed with reference to each other.”
— Haw. Rev. Stat. § 291-4(b)(1) — 3 cases
State v. Lau, 890 P.2d 291 (Haw. 1995).
State v. Williams, 720 P.2d 1010 (Haw. 1986).
State v. Otani, 436 P.3d 1212 (Haw. App. 2019).
— Haw. Rev. Stat. § 291-4(b)(1)(B) — 2 cases
Kernan v. Tanaka, 856 P.2d 1207 (Haw. 1993).
State v. Davia, 953 P.2d 1347 (Haw. 1998). “Additionally, Davia asserts that the ninety-day suspension of his driver’s license (3) was not authorized by HRS § 291-4 and (4) constituted cruel and unusual punishment in violation of the eighth amendment to the United States Constitution 2 and article I, section 12 of the…”
— Haw. Rev. Stat. § 291-4(b)(1)(C) — 1 case
State v. Davia, 953 P.2d 1347 (Haw. 1998). “Additionally, Davia asserts that the ninety-day suspension of his driver’s license (3) was not authorized by HRS § 291-4 and (4) constituted cruel and unusual punishment in violation of the eighth amendment to the United States Constitution 2 and article I, section 12 of the…”
— Haw. Rev. Stat. § 291-4(b)(1)(C)(ii) — 3 cases
State v. Garcia, 29 P.3d 919 (Haw. 2001). “Nakata dealt with reserved questions of law from the circuit court as to (1) whether Act 128 of the 1993 Hawai`i Session Laws eliminated the right to jury trial for HRS § 291-4 [17] defendants charged with driving under the influence of alcohol, and (2) if so, whether the Act…”
State v. Shimabukuro, 60 P.3d 274 (Haw. 2002). “4(a), see supra note 1, without construing the statute in pari materia with the DUI statute, HRS § 291-4 (Supp.1998). See HRS § 1-16 (1993) ("Laws in pari materia, or upon the same subject matter, shall be construed with reference to each other.”
State v. O'BRIEN, 704 P.2d 883 (Haw. 1985).
— Haw. Rev. Stat. § 291-4(b)(1993) — 1 case
State v. Okuno, 915 P.2d 700 (Haw. 1996).
— Haw. Rev. Stat. § 291-4(b)(2) — 5 cases
State v. O'BRIEN, 704 P.2d 883 (Haw. 1985).
State v. Lindsey, 883 P.2d 83 (Haw. 1994).
State v. O'BRIEN, 704 P.2d 905 (Haw. App. 1985).
State v. Williams, 720 P.2d 1010 (Haw. 1986).
State v. Vierra, 188 P.3d 773 (Haw. App. 2008).
— Haw. Rev. Stat. § 291-4(b)(2)(B)(ii) — 2 cases
State v. Shimabukuro, 60 P.3d 274 (Haw. 2002). “4(a), see supra note 1, without construing the statute in pari materia with the DUI statute, HRS § 291-4 (Supp.1998). See HRS § 1-16 (1993) ("Laws in pari materia, or upon the same subject matter, shall be construed with reference to each other.”
State v. O'BRIEN, 704 P.2d 905 (Haw. App. 1985).
— Haw. Rev. Stat. § 291-4(b)(3) — 1 case
State v. Matautia, 912 P.2d 573 (Haw. App. 1996).
— Haw. Rev. Stat. § 291-4(b)(3)(C) — 2 cases
State v. Shimabukuro, 60 P.3d 274 (Haw. 2002). “4(a), see supra note 1, without construing the statute in pari materia with the DUI statute, HRS § 291-4 (Supp.1998). See HRS § 1-16 (1993) ("Laws in pari materia, or upon the same subject matter, shall be construed with reference to each other.”
State v. O'BRIEN, 704 P.2d 905 (Haw. App. 1985).
— Haw. Rev. Stat. § 291-4(b)(4) — 2 cases
State v. Ahakuelo, 683 P.2d 400 (Haw. App. 1984).
State v. Otani, 436 P.3d 1212 (Haw. App. 2019).
— Haw. Rev. Stat. § 291-4(b)(l)(A) — 2 cases
State v. Davia, 953 P.2d 1347 (Haw. 1998). “Additionally, Davia asserts that the ninety-day suspension of his driver’s license (3) was not authorized by HRS § 291-4 and (4) constituted cruel and unusual punishment in violation of the eighth amendment to the United States Constitution 2 and article I, section 12 of the…”
State v. Ontiveros, 923 P.2d 388 (Haw. 1996).
— Haw. Rev. Stat. § 291-4(b)(l)(B) — 1 case
State v. O'BRIEN, 704 P.2d 905 (Haw. App. 1985).
— Haw. Rev. Stat. § 291-4(b)(l)(C)(ii) — 1 case
State v. O'BRIEN, 704 P.2d 905 (Haw. App. 1985).
— Haw. Rev. Stat. § 291-4(e) — 1 case
State v. Davia, 953 P.2d 1347 (Haw. 1998). “Additionally, Davia asserts that the ninety-day suspension of his driver’s license (3) was not authorized by HRS § 291-4 and (4) constituted cruel and unusual punishment in violation of the eighth amendment to the United States Constitution 2 and article I, section 12 of the…”
— Haw. Rev. Stat. § 291-4(g) — 1 case
State v. Davia, 953 P.2d 1347 (Haw. 1998). “Additionally, Davia asserts that the ninety-day suspension of his driver’s license (3) was not authorized by HRS § 291-4 and (4) constituted cruel and unusual punishment in violation of the eighth amendment to the United States Constitution 2 and article I, section 12 of the…”
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