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DUI (OVII) With a Commercial Drivers License in Hawaii

Driving a Commercial Vehicle under the influence means a vehicle is used in commerce to transport passengers or property if it has a gross combination weight of 26,001 or more pounds, if the vehicle has is designed to transport sixteen or more occupants including the driver or if the vehicle is used in transportation of hazardous material. The driver must be operating a commercial vehicle and have a commercial vehicle license to do so.

Driving under the influence of an intoxicant while operating a commercial motor vehicle can happen in many ways. The first way is if the driver of the commercial vehicle has an alcohol concentration of .04 per cent or more. Another way is if the driver refuses to undergo testing required by Hawaii in enforcing any Federal Regulation for commercial drivers. A commercial driver can also be charged with driving under the influence an intoxicant if they are under a sufficient amount of an intoxicant to impair their normal mental faculties or to be a careful person, or found with .08 or more grams of alcohol, or with .08 more grams of alcohol in their blood.

If a driver is convicted of operating a commercial motor vehicle under the influence two times, the driver will be barred from operating a commercial vehicle for life.

Hawaii has adopted the Federal Motor Carrier Safety Administration (FMCSA) rules regarding commercial driver’s license. Under the FMCSA, the commercial driver’s employer must perform random testing for drugs and alcohol. A commercial driver’s license may also be suspended if they are convicted for a operating a vehicle under the influence of an intoxicant for a non-commercial sate vehicle. The Federal Motor Carrier Safety Regulations also require random drug tests for commercial drivers to test for marijuana, cocaine, amphetamines, opiates and phencyclidine.

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