A person commits a criminal offense (crime) if they intentionally flee from a person they know or should know is a peace officer or federal special investigator attempting to lawfully arrest or detain them. A person will be subject to higher penalties if they use a motor vehicle or watercraft while evading arrest or detention, or cause injury to another person. This criminal offense is also known as “fleeing and eluding.”

In Hawaii, fleeing and eluding a law enforcement officer is a criminal offense. Under Hawaii Revised Statutes Section 291C-23, it is illegal for an operator of a vehicle to willfully fail or refuse to stop the vehicle, or to otherwise flee from a pursuing police vehicle when signaled to do so by a police officer. The law requires that the police vehicle be appropriately marked and that the officer use an audible signal, visual signal, or both. If an individual intentionally flees from someone they recognize, or should recognize, as a peace officer or federal special investigator who is attempting to lawfully arrest or detain them, they are committing a crime. The penalties for this offense can be enhanced if the individual uses a motor vehicle or watercraft to evade arrest, or if their actions result in injury to another person. These enhancements reflect the increased risk and potential harm caused by such actions. It is important for individuals in Hawaii to understand that evading law enforcement is a serious offense that can lead to significant legal consequences.