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State Profiles of Underage Drinking Laws

- Hawaii -

Underage Drinking: Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • private location

Underage Drinking: Underage Consumption of Alcohol

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • private location

Underage Drinking: Internal Possession by Minors

Internal possession is not explicitly prohibited.

Notes:
Although Hawaii does not prohibit Internal Possession as defined by APIS, beginning on June 19, 2006, it has a statutory provision that states that, "[n]o minor shall consume or purchase liquor and no minor shall consume or have liquor in the minor's possession or custody in any public place, public gathering, or public amusement, at any public beach or public park, or in any motor vehicle on a public highway" and that โ€œ"consume" or 'consumption' includes the ingestion of liquor." Haw. Rev. Stat. ยง 281-101.5. Laws that prohibit minors from having alcohol in their bodies, but which do so without reference to a blood, breath, or urine test, are not considered as prohibiting Internal Possession as defined by APIS.

Underage Drinking: Underage Purchase of Alcohol

Purchase is prohibited, but youth MAY PURCHASE for law enforcement purposes.

Underage Drinking: Furnishing Alcohol to Minors

Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian

Underage Drinking: Minimum Ages for On-Premises Servers and Bartenders

Beer: 18 for both servers and bartenders
Wine: 18 for both servers and bartenders
Spirits: 18 for both servers and bartenders

Condition(s) that must be met in order for an underage person to sell alcoholic beverages:

  • manager/supervisor is present

Notes:
Liquor can be sold or served by persons 18 to 20 years of age only in licensed establishments where selling or serving the intoxicating liquor is part of the minor's employment, and where there is proper supervision of these minor employees to ensure that the minors shall not consume the intoxicating liquor. Persons below the age of 18 years may sell or serve liquor in individually specified licensed establishments found to be otherwise suitable by the liquor commission in which an approved program of job training and employment for dining room waiters and waitresses is being conducted in cooperation with the University of Hawaii, the state community college system, or a federally sponsored personnel development and training program, under arrangements that ensure proper control and supervision of employees.

Underage Drinking: Minimum Ages for Off-Premises Sellers

Beer: 18
Wine: 18
Spirits: 18

Condition(s) that must be met in order for an underage person to sell alcoholic beverages:

  • manager/supervisor is present

Notes:
Liquor can be sold by persons 18 to 20 years of age only in licensed establishments where selling or serving the intoxicating liquor is part of the minor's employment, and where there is proper supervision of these minor employees to ensure that the minors shall not consume the intoxicating liquor.

Underage Drinking: False Identification for Obtaining Alcohol

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • Penalty may include driver's license suspension through a judicial procedure

Provision(s) targeting retailers:

  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • General affirmative defense - the retailer came to a good faith or reasonable decision that the purchaser was 21 years or older; inspection of an identification card not required

Notes:
In Hawaii, the retailer has a defense to a charge of furnishing to a minor if, in making the sale or allowing the consumption of liquor by a minor, the retailer was misled by the appearance of the minor and the attending circumstances into honestly believing that the minor was of legal age, and if the retailer can prove that he or she acted in good faith.

Blood Alcohol Concentration (BAC) Limits: Youth (Underage Operators of Noncommercial Motor Vehicles)
BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

Underage Drinking: Use/Lose: Driving Privileges

Hawaii has two Use/Lose laws:

  1. Type(s) of violation leading to driver's license suspension, revocation, or denial:

    • Underage purchase
    • Underage possession
    • Underage consumption

    Use/lose penalties apply to minors under age 21

    Authority to impose driver's license sanction

    • mandatory

    Length of suspension/revocation:

    • Minimum: 180 days
    • Maximum: Not Specified

  2. Type(s) of violation leading to driver's license suspension, revocation, or denial:

    • Underage purchase
    • Underage possession
    • Underage consumption

    Use/lose penalties apply to minors under age 18

    Authority to impose driver's license sanction

    • discretionary

    Length of suspension/revocation:

    • Minimum: 180 days
    • Maximum: Not Specified

Underage Drinking: Prohibitions Against Hosting Underage Drinking Parties

Social host law is not specifically limited to underage drinking parties.

Action by underage guest that triggers violation: Possession

Property type(s) covered by liability law:

  • Residence
  • Outdoor
  • Other

Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence

Exception(s):

  • Family

National Institute on Alcohol Abuse and Alcoholism National Institutes of Health Department of Health and Human Services USA.gov - Government Made Easy