 Hawaii DUI arrests trigger two separate cases: the Hawaii DUI court case, and the Hawaii DUI driver’s license case. It is URGENT that you act quickly by contacting a Hawaii DUI defense attorney to protect your driving privileges. Failure to act immediately will result in severe Hawaii DUI consequences.
Drunk driving defense is a specialized area. Let one of the qualified Hawaii DUI LAWS attorneys find a solution to your legal problem if you, or someone you care about, has been arrested for DUI or DWI. Contact a Hawaii DUI LAWS lawyer near you for a free consultation at 1.800.DUI.LAWS.
Hawaii DUI laws (which are also called OVUII laws, for Operating a Vehicle Under the Influence of an Intoxicant) call for a DUI prosecution in District Court, as well as a driver’s license suspension from the Administrative Driver’s License Revocation Office (ADLRO). It is the Administrative Driver’s License Revocation Office that seeks to take immediate action against your driver’s license.
Hawaii DUI laws are such that even if you were in Hawaii for vacation or temporary military assignment, and hold a driver’s license from another state, it is critical that you protect your Administrative Rights here. Because of the Interstate Driver’s License Compact, any action taken against your driving privileges because of a Hawaii DUI will be reported to your home state, and will result in a suspension or revocation there.
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Hawaii DUI laws allow for criminal court prosecutions on one of two theories: either that the person is impaired for purposes of driving, OR that the person violated Hawaii DUI laws by driving with a blood alcohol content (BAC) of .08% or higher. The latter is called Hawaii’s "per se" law, and most states have a similar DUI law.
Hawaii DUI law prosecutions based on impairment typically look to four areas to prove that the driver was under the influence of alcohol. These areas include driving patterns, the driver’s physical appearance, field sobriety test results, and chemical test results. The job of a skilled Hawaii DUI defense lawyer will be to establish reasonable doubt in one of these areas to defeat the Hawaii DUI prosecution.
Hawaii DUI law prosecutions can also be based on violation of Hawaii’s "per se" law. This DUI law declares it a crime to drive with a blood or breath alcohol content of .08 or higher, without regard to whether the driver is actually impaired. This Hawaii DUI crime is based purely on body chemistry.
Hawaii DUI law provides for a five-year "lookback" period, meaning that if there is a prior conviction for DUI that is more than five years before the present offense, the present offense will be treated like a first-offense DUI. If, however, there is a prior DUI conviction within that five-year period, the punishment for purposes of both court and the ADLRO driver’s license suspension dramatically increase. A fourth-offense DUI is a felony, and can mean a prison term of up to five years.
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Hawaii DUI convictions for first offenders include the following punishments:
- A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;
- 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;
- Any one or more of the following:
- Seventy-two hours of community service work;
- Not less than forty-eight hours and not more than five days of imprisonment; or
- A fine of not less than $150 but not more than $1,000; and
- A surcharge of $25 to be deposited into the neurotrauma special fund.
These DUI sentences do not include legal enhancements, such as second-offense DUI or third-offense DUI, which involve much longer jail sentences and more severe punishments. This information also does not take into account various statutory enhancements, such as being DUI with children in the car, DUI with a blood alcohol level of .20 or higher, DUI while driving recklessly, and others.
If you, or someone you care about, have been arrested for Hawaii DUI, drunk driving, or other alcohol related charges, please don’t wait. Contact a qualified Hawaii DUI defense lawyer for a free consultation at once to protect your rights by calling 1.800.DUI.LAWS.
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