§286-136  Penalty.  (a)  Except as provided in subsection (b), any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be fined no more than $1,000 or imprisoned no more than thirty days, or both.  Any person who violates any other section in this part shall be fined no more than $1,000.

     (b)  Any person who is convicted of violating section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be subject to a minimum fine of $500 and a maximum fine of $1,000, or imprisoned no more than one year, or both, if the person has two or more prior convictions for the same offense in the preceding five-year period.

     (c)  Notwithstanding subsections (a) and (b), a minor under the age of eighteen under the jurisdiction of the family court who is subject to this section shall either lose the right to drive a motor vehicle until the age of eighteen or be subject to a fine of $500.

     (d)  Any person subject to a fine under this section and who fails to timely pay the fine shall be given an opportunity to petition the court to demonstrate that the person's nonpayment or inability to pay is not wilful; provided that if the person petitions the court, the court shall make an individualized assessment of the person's ability to pay based upon the totality of the circumstances, including the person's disposable income, financial obligations, and liquid assets; provided further that if the court determines that the person's nonpayment or inability to pay is not wilful, the court may enter an order that allows additional time for payment; reduces the amount of each installment; revokes the fee or fine, or unpaid portion thereof, in whole or in part; or converts any outstanding fine to community service. [L 1967, c 214, pt of §2; HRS §286-136; am L 1993, c 214, §7; am L 1996, c 169, §3; am L 2003, c 69, §5; am L 2021, c 81, §1]

Case Notes

  Under subsection (b) (1996), it is the date the defendant committed the current offense for which he or she is being prosecuted that is used to determine whether the defendant has two or more prior convictions for the same offense in the preceding five-year period.  118 H. 259 (App.), 188 P.3d 773 (2008).