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Q. What is the "Use & Lose" law? |
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A. Hawaii's Use & Lose law states that any person under the age of twenty-one (21) found to have consumed, possessed, or purchased alcohol shall have their driver's license, provisional license, or instruction permit suspended for a period of 180 days. The law applies also to situations where youth falsify identification or use false identification to buy or attempt to buy alcohol.
For those persons not yet licensed to drive, eligibility to obtain a driver's license, provisional license, or instruction permit shall be suspended until the age of seventeen (17) or for one hundred eighty days, at the discretion of the court. In addition, all offenders, whether licensed or not, shall be required to perform seventy-five (75) hours of community service and undergo eight (8) to twelve (12) hours of alcohol education and counseling, for which the offender or the offender's parent or guardian will have to pay. |
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Q. When did "Use & Lose" become law? |
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A. Lt. Governor James R. "Duke" Aiona signed Act 203 into law on June 19, 2006, with an effective date of January 1, 2007. It is codified at §281-101.5 Hawaii Revised Statutes (HRS). |
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Q. What is the purpose of the law? |
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A. The primary purpose of the "Use & Lose" law is to deter underage drinking by attaching meaningful consequences for this dangerous and illegal behavior. Studies have shown that for teenagers, free time and their drivers' licenses are two of their most prized "possessions." |
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Q. Will my son or daughter have a criminal record if they are found to be in violation of this new Use and Lose law? |
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A. The new law only amended the sanctions or penalties for illegal underage drinking (consuming, possessing, purchasing,or attempting to purchase or using false identification). The basic law remains unchanged. It has been, and still is, a crime - a petty misdemeanor - to violate Hawaii's underage drinking law (HRS 281101.5) and therefore convictions would appear on a person's record. Violations of the law by those under age 18 will fall under the jurisdiction of the Family Court where records are not made public and therefore the offense may not appear on the violator's record. |
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Q. Do other states have such a law? |
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A. Yes, thirty-eight (38) other states and the District of Columbia have enacted Use & Lose laws. |
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Q. How does the "Use & Lose" law differ from the Zero Tolerance law that governs persons under twenty-one caught drinking and driving? |
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A. The Zero Tolerance law prohibits any person under twenty-one from driving after consuming any measurable amount of alcohol. Under the Zero Tolerance law, a person under 21 shall have his or her driver's license suspended for 180 days if he or she is found to have violated this law. HRS §291E-64. The Use & Lose law, which also mandates suspension or delay of a youth's driving privileges, applies to situations where anyone under twenty-one is found to have possessed, purchased, or consumed alcohol; the offenses punishable under the Use & Lose law do not necessarily have to be related to drinking and driving. |
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Q. Can parents be held responsible for their child's drinking? |
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A. Parents or other adults that provide alcohol to persons under twenty-one (21), or parents or other adults who know of alcohol consumption by persons under twenty-one (21) on their property and could have prohibited or prevented such alcohol consumption, can be held financially liable for all injuries or damages caused as a result of that illegal alcohol consumption. HRS §663-41. Parents and adults also can be criminally charged with a misdemeanor for illegally providing alcohol to a person under 21. |
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Q. Who can I call if I still have questions? |
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A. Mothers Against Drunk Driving: 808.532.6232
Office of the Lieutenant Governor: 808.586.0255
Honolulu Police Department - Juvenile Services Division: 808.529.3111 |
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