Haw. Rev. Stat. Ann. §291E-61(a) and (b)(4) (2005)
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
(b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced as follows without possibility of probation or suspension of sentence: . . .
- Any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty-eight hours; provided that the total term of imprisonment for a person convicted under this paragraph and paragraph (1), (2), or (3) shall not exceed thirty days.