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QuestionInsurance Question  How long does a DUI stay on your record and impact your insurance rates in Hawaii? I got a DUI about 7 years ago and my rates never went up. I'm now planning on moving out of state and getting new insurance. Will I be impacted by that DUI from 7 years ago?

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A DUI in Hawaii can also be termed as operating a vehicle under the influence of an intoxicant (OVUII). Many OVUII HI arrests cause both the person to have a criminal case in the district courts as well as a case against them in the Administrative Driver's License Revocation Office (ADLRO). The ADLRO is a state agency that conducts legal proceedings to determine whether the driving privileges of a person arrested for DUI (OVUII) should be revoked.

According to Hawaii Revised Statutes 291E-61 states that 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 for the first offense, or any offense not preceded within a five-year period by a conviction for an offense:

(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) Ninety-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the ninety-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in substance abuse treatment programs;

(C) Any one or more of the following: (i) Seventy-two hours of community service work; (ii) Not less than forty-eight hours and not more than five days of imprisonment; or (iii) A fine of not less than $150 but not more than $1,000; and(

D) A surcharge of $25 to be deposited into the neurotrauma special fund;

Whenever a court sentences a person it also shall require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the offender's substance abuse or dependence and the need for appropriate treatment.

The Hawaii DMV site does not list how long a DUI stays on your driving record but say to contact the Traffic Violations Bureau at (808) 538-5500 for driving record information. As for insurance companies they can go back 3, 5 or 7 years usually to check your MVR and rate your policy.

Some states may have limits on the amount of years an insurance company can look back, so check with the Department of Insurance for the state in which you are moving to find out what their regulations are regarding this issue.

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