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Category: Kamuela DUI Lawyer

How Kamuela DUI Lawyers Can Beat 5 Field Sobriety Tests

Posted on August 15, 2022July 19, 2022 by Olson & Sons

Drivers have a limited right to refuse a chemical intoxication test. A refusal to submit to a Breathalyzer is admissible in court. That fact, along with the threat of lengthy license suspension, often convinces the driver to provide breath samples. A Kamuela DUI lawyer can reduce or eliminate both these effects, but that’s the subject of another blog.

On the other hand, drivers have an absolute right to refuse Field Sobriety Tests (FSTs). The Fifth Amendment gives defendants the right to remain silent. That includes the right to perform most activities, like field sobriety tests.

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Do You Need to Hire Kamuela DUI Attorneys for Drunk Driving Charges?

Posted on June 1, 2022May 24, 2022 by Olson & Sons

Drunk driving is not just socially irresponsible, but also illegal in all states, including Hawaii. Driving under the influence of alcohol or drugs (commonly called DUI) can put your own and other people’s lives in danger. According to the National Highway Traffic Safety Administration (NHTSA), about 28 people in the United States die in drunk-driving crashes every day. That’s one person every 52 minutes.

Furthermore, a DUI or DWI charge on your record can create many problems for you down the line. You may even find it difficult to get steady employment. However, in the event you get pulled up for drunk driving, not everything is lost. You can hire competent Kamuela DUI attorneys to help you minimize the penalties and punishments.

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OVUII Consequences and Kamuela DUI Lawyers: A Closer Look

Posted on March 19, 2022 by Olson & Sons

All criminal convictions have both direct and indirect consequences. But these effects are arguably worse in DUI cases, mostly because of the financial cost. The combination of direct and indirect OVUII (Operating a Vehicle Under the Influence of an Intoxicant) consequences could exceed $25,000.

There are a number of ways a Kamuela DUI lawyer can reduce or eliminate these costs. DUI defenses include an illegal stop or arrest, lack of intoxication, and lack of evidence. These defenses could result in a not-guilty verdict at trial, a pretrial dismissal, or a plea to a lesser included offense, such as reckless driving.

Direct Consequences

Court supervision and driving restrictions are usually the two most significant direct consequences of a DUI conviction.

In Hawaii, probation usually includes a number of restrictive conditions. At a minimum, most probationers must remain in the county at all times and work or attend school full time. Additionally, probationers must avoid further legal trouble. Subsequent arrests are usually the leading trigger for motions to revoke probation.

Failure to comply with a specific condition is probably next on the probation violation list. Some of these specific conditions include:

Reporting regularly to a probation officer,
Abstaining from alcohol and other illegal substances,
Performing community service,
Completing alcohol counseling and any required follow-up,
Paying fines, and
Using an ignition interlock device

IIDs are basically portable Breathalyzers which are attached to the vehicle’s ignition. If the driver’s BAC content is above a certain level, usually .04, the vehicle will not start. Additionally, the driver must give breath samples while the car is in motion. If there are too many rolling refusals, the vehicle will not restart.

These gadgets are also part of the aforementioned driving restrictions. Moreover, Hawaii County judges often impose time and place restrictions on drivers. They are only able to drive at certain times and to or from certain locations. Other times, they are not able to drive at all, even with an IID. A Kamuela DUI lawyer can help defendants obtain occupational or other limited licenses during the period of suspension.

Kamuela DUI Lawyer and Direct Consequences of “Highly Intoxicated” DUI

The Hawaii legislature saw fit to create a new classification of DUI dubbed “highly intoxicated.” Offenses qualify for this enhanced category based on blood alcohol content according to the following formulas:

.15 or more grams of alcohol per 100 milliliters of blood
.15 or more grams of alcohol per 210 liters of breath

If the state can prove one of these levels, first-time offenders face a minimum of 48-hours in jail and license revocations between six- and 18 months. Repeat offenders serve at least 10 days in jail and have their licenses revoked for 12 to 36 months.

Kamuela DUI Lawyers and Indirect Consequences

Higher auto insurance rates compose much of the $25,000 cost of a first-time DUI conviction. Generally, defendants must obtain high-risk insurance and keep it for at least three years. Insurance companies routinely double or triple their rates for high-risk drivers.

A Kamuela DUI lawyer is not an insurance agent. But attorneys do have relationships with insurance agents, so defendants can find the lowest possible rates.

Speaking of insurance companies, these companies often refuse to insure commercial drivers with DUI convictions. So, if you drive as part of your job, a DUI conviction is usually a serious problem. Additionally, many employers consider DUI evidence that a person makes poor choices. In an at-will state like Hawaii, it is rather common for employers to dismiss workers for almost any reason, including a criminal conviction.

However, employers cannot use a criminal conviction as an excuse to dismiss an employee for an illegal reason. Some of these reasons include gender, sexual orientation, age, national origin, and religious affiliation. If you belong to a protected class and you lost your job, a Kamuela DUI lawyer should evaluate your situation and determine what options you have, if any.

The interplay between DUI and immigration is a bit unsettled. Currently, immigration authorities do not consider DUI to be a crime of moral turpitude or a crime of violence. So, you cannot be deported for DUI. However, the conviction might come up during visa renewal or status adjustment proceedings.

ICE is incredibly aggressive, especially with regard to deportation and removal proceedings in blue states like Hawaii. If agents see an opportunity to take adverse action, they almost always react harshly. A Kamuela DUI lawyer can defend you against false charges and give you solid legal advice as to your options.

Conclusion

OVUII comes with several consequences, some of which can have a lasting impact on your life. If you’re staring at a DUI conviction, it will be wise to contact an experienced Kamuela DUI lawyer to defend you and get your charges minimized or dismissed altogether. A skilled Kamuela DUI attorney can be your most reliable source of legal advice on the options available to you.

Get in Touch with Kamuela DUI Lawyers for Legal Help

Drinking and driving usually, but does not always, lead to big trouble. If you think you could be convicted for a DUI charge, don’t worry. Call our skilled Kamuela DIU attorneys at 808-885-8533. For a confidential consultation with an experienced Kamuela DUI lawyer, contact Olson & Sons, L.C. We are adept at handling matters in Hawaii County and nearby jurisdictions.

Should I Contest My Traffic Ticket? Kamuela DUI Attorneys Tell You More

Posted on January 31, 2021March 23, 2022 by Olson & Sons

The state of Hawaii is often associated with carefree attitudes and a relaxed atmosphere. And for the most part, this is true as long as you stay on the right side of the state’s speeding laws.

As experienced Kamuela DUI attorneys, we can tell you that Hawaii takes speeding laws extremely seriously, and those found violating them are taken to task by legal authorities. Once you get a speeding ticket, you will have to not only pay expensive fines but also deal with higher insurance rates. In fact, every ticket you receive will only increase your costs.

However, just because you get a speeding ticket does not mean you are necessarily stuck with it. A competent Kamuela DUI attorney can help you clear the charges off of your record, thereby saving you a lot of money.

Through this post, our Kamuela DUI attorneys will help you understand how speeding laws and traffic tickets work in Kamuela, Hawaii; and whether or not you should contest them.

What Happens When You Get a Traffic Ticket in Kamuela?

Before considering whether or not you should fight your traffic ticket, you should know about the consequences of traffic violations in Hawaii. You will be faced with:

Aggressive penalties and fines
Potential license suspension
Higher rate of insurance

In some cases, a traffic ticket can also lead to jail time.

It is necessary to know about the potential consequences of a conviction so you can decide on what you want to do with your ticket. Fighting the ticket makes sense if you want to avoid specific consequences and a conviction. In other cases, it may be better to simply pay the fine and get it over with.

Hawaii Does Not Follow Point System

Unlike other states in the US, Hawaii no longer uses a point system for moving violations. This, however, does not imply that violating the law repeatedly will not lead to stricter penalties. The Hawaiian legal system maintains a record for each driver. Repeated violations can mean bigger fines, greater insurance costs, and harsher punishments. Further, if you’re charged with multiple speeding violations, your license can be suspended.

The bottom line is, you should not make the mistake of taking your traffic ticket lightly just because the point system doesn’t exist in Hawaii anymore. You still stand to face stiff penalties that can land you in serious legal trouble.

When Does It Make No Sense to Fight the Ticket?

Many a time, drivers in Kamuela find that fighting a ticket isn’t worth the time and effort. Even if you have viable defenses in your favor, contesting a ticket can be a time-consuming and cumbersome process since you will have to go to court a number of times.

If you’re generally a disciplined driver who has received a traffic ticket for the first time, and you don’t expect to receive another for a long time to come, you can simply pay the fine and close the matter.

You also have the option of going to traffic school. This option may take a while to complete, but it will keep your driving record clear.

Make it a point to consider all your options before making any decision.

Traffic Record and DUIs?

Another reason to contest a ticket or opt for traffic school is that your driving record can affect the outcome if you face prosecution for DUI. For example, if you are a first-time offender with a clean driving record, it’s more likely the judge will hand down a lenient sentence. However, if you have a record of irresponsible driving, the judge may look less favorably at your case.

In addition, the State of Hawaii has added a new, highly intoxicated DUI standard. A conviction of highly intoxicated DUI carries heavier penalties: a minimum of two days in jail and six- to 18 months license revocation for first-time offenders. Repeat offenders face a minimum of 10 days in jail and license revocation from one- to three years.

The law defines highly intoxicated DUI as having a blood alcohol content above .15 grams per 100 milliliters of blood or .15 grams per 210 liters of breath.

A clean driving record increases the odds of your Kamuela DUI attorney getting your charges reduced.

What Happens When You Choose to Contest Your Kamuela Traffic Ticket

Even though Hawaii does not follow the point system, each ticket received plays an important role. Remember, as long as those tickets stay on your record, you will have to pay higher fines as well as insurance premiums. This is why making the effort to fight your speeding charges now will help prevent these consequences in the future.

If you decide to fight a ticket, you should work with a seasoned Kamuela DUI attorney. While hiring a lawyer will cost you, it is well worth the money as your effort in fighting the ticket will be minimized.

You may also choose to fight your ticket on your own. However, you should remember that every case is different. You will be required to dedicate a certain amount of time and physical as well as mental energy commensurate with the circumstances of your case.

Working with Kamuela DUI Attorney

If you’ve decided to fight your ticket, you’ve probably done this to avoid fines, prevent license suspension, and pay low insurance rates. To this end, a Kamuela DUI attorney can prove to be your strongest ally. Apart from representing you in court, your attorney will help you with:

Requesting a contested hearing
Requesting discovery for your case
Negotiating with the prosecutor to get your charges minimized or dismissed

Call Our Kamuela DUI Attorneys Today for Sound Legal Counsel

It’s no secret that Hawaii’s speeding laws are complex. If you’ve been slapped with a traffic ticket, you will do well to seek legal assistance from Kamuela DUI attorneys and determine whether or not it is worth contesting. Regardless of what you choose to do, the above information should help you understand the entailments of your final decision.

If you want a fighting chance of getting a positive outcome in your traffic ticket case, you need to work with the right lawyers. Speak to Kamuela DUI attorneys at Olson & Sons at the earliest. You can call our Kamuela office at 808-885-8533 or get in touch with us online to schedule a consultation.

OVUII Consequences and Kamuela DUI Lawyers: A Closer Look

Posted on April 15, 2020March 23, 2022 by Olson & Sons

Direct Consequences

Court supervision and driving restrictions are usually the two most significant direct consequences of a DUI conviction.

Failure to comply with a specific condition is probably next on the probation violation list. Some of these specific conditions include:

Reporting regularly to a probation officer,
Abstaining from alcohol and other illegal substances,
Performing community service,
Completing alcohol counseling and any required follow-up,
Paying fines, and
Using an ignition interlock device

Kamuela DUI Lawyer and Direct Consequences of “Highly Intoxicated” DUI

The Hawaii legislature saw fit to create a new classification of DUI dubbed “highly intoxicated.” Offenses qualify for this enhanced category based on blood alcohol content based on the following formulas:

.15 or more grams of alcohol per 100 milliliters of blood
.15 or more grams of alcohol per 210 liters of breath

Kamuela DUI Lawyers and Indirect Consequences

A Kamuela DUI lawyer is not an insurance agent. But attorneys do have relationships with insurance agents, so defendants can find the lowest possible rates.

Get in Touch with our Kamuela DUI Lawyers for Legal Help

Kamuela Lawyers Tell You All about DUI-Drug Charges in Hawaii

Posted on February 15, 2020March 22, 2022 by Olson & Sons

In a few states, DUI-drug charges are difficult to prove in court unless the defendant used an illegal drug, like marijuana, cocaine, or a painkiller without a prescription.

However, most states have very broad laws. Driving under the influence of almost anything in your medicine cabinet, and many of the items in your pantry could lead to DUI charges. In 2016, a California man was arrested for driving under the influence of caffeine. Prosecutor later dismissed that case. However, if they had moved forward, the charges probably would have held up in court. That incident underscores the broad nature of California’s DUI-drug law.

Hawaii’s law is very similar. It is illegal to drive “under the influence of any drug that impairs the person’s ability to operate the vehicle in a careful and prudent manner.” That language is slightly different from DUI-alcohol prohibition. Nevertheless, the severe direct and indirect consequences are largely the same, as outlined below.

Frequently, Kamuela DUI lawyers can successfully resolve DUI-drug cases, largely because they are almost entirely built on circumstantial evidence.

Direct and Indirect Consequences of a DUI Conviction in Kamuela

Technically, DUI in Hawaii is Operating a Vehicle Under the Influence of an Intoxicant. OVUII more accurately sums up the elements of the offense. Legally, there is a difference between “driving” and “operating” a vehicle. Additionally, many substances, and not just alcohol, cause impairment. However, OVUII is much more of a mouthful, even for experienced Kamuela DUI lawyers.

DUI, OVUII, or whatever you call it has some very harsh direct consequences in Hawaii County. The penalties for a first-time offense usually include:

Incarceration: Almost all first-time offenders receive probation. Nevertheless, probation includes a mandatory jail sentence of up to five days. Usually, defendants have enough time served to satisfy this requirement
Fine: The maximum fine is $1,000. Some courts reduce the fine to a few hundred dollars and require defendants to pay the entire fine upfront. Others levy the entire $1,000 and allow defendants to make payment plans. Still, other courts combine various elements of these two schemes.
Community Service: Seventy-two hours is basically two full working weeks of community service. That’s a lot of time, especially if defendants must miss work to fulfill this requirement.

Drivers’ License Revocation: The maximum revocation period is one year for a first-time offense. Normally, defendants who install Ignition Interlock Devices in their cars can still drive normally. IIDs are basically portable Breathalyzers attached to the vehicle’s ignition.

Because of these harsh requirements, a few weeks in jail might be preferable to probation. That’s especially true if alternative sentencing arrangements, like weekends, are available. A Kamuela DUI lawyer can lay out all the pros and cons.

There are also some significant indirect consequences, such as higher auto insurance rates. To most insurance companies, all DUIs are the same. The substances and circumstances are irrelevant. A DUI conviction usually means that rates double or triple. These higher rates generally remain in effect for three years.

On a related note, DUI convictions also create employment problems. Many commercial insurance providers will not cover drivers with DUIs on their records. Additionally, many employers believe these people make poor decisions and would, therefore, be poor employees.

Direct Consequences of Highly Intoxicated DUI

Hawaiian law provides for additional consequences for those who drive with a blood alcohol that far exceeds the legal limit. These highly intoxicated cases require the state to prove one of the following:

.15 grams or more of alcohol per 110 milliliters of blood
.15 grams or more of alcohol per 210 liters of breath

If convicted, defendants face a minimum of 48 hours in jail and revocation of their licenses for six- to 18 months. Repeat offenders must serve at least ten days in jail and lose their driving privileges for 12 to 36 months.

Kamuela DUI Lawyers and Dangerous Impairment

As mentioned, the impairment must be so significant that it limits the person’s ability to safely operate a motor vehicle. Therefore, physical symptoms, such as glassy eyes and slurred speech, are insufficient in this area. Such physical symptoms can establish drug use, but that’s it.

To prove a DUI-drug case, Hawaii County prosecutors must establish a higher degree of impairment. For that, they usually need the three approved field sobriety tests, which are:

Horizontal Gaze Nystagmus: During the DUI eye test, officers look for involuntary pupil movements at certain viewing angles. These movements indicate the presence of nystagmus, which is also called a lazy eye. Many people have a lazy eye, but since the symptoms are so mild, they do not know they have one.
Walk and Turn: For the WAT, or heel-to-toe walk test, defendants must walk a straight line heel to toe forwards and backward. During the test, officers look for intoxication clues, such as using arms for balance and failure to follow instructions. Test conditions, such as lighting, greatly affect the outcome.
One Leg Stand: Much like the WAT, the OLS is a divided attention test that measures both physical dexterity and mental acuity. Also much like the WAT, test conditions greatly affect the outcome. It’s usually no coincidence that the OLS is usually the last test administered. By that time, physically fatigued defendants have a hard time standing on one leg.

Drug impairment cases are a bit easier for Kamuela DUI lawyers to fight than alcohol impairment cases. The law is very nuanced. In alcohol cases, prosecutors must prove the defendant could not avoid and accident. However, the issue in drug impairment is whether the defendant could get home in one piece. That’s a slightly different standard.

Seek Legal Help from an Assertive Kamuela DUI Attorney

Serious DUI-drug charges require unwavering representation. A conviction can have major implications on your personal and professional life. The law is nuanced and different defenses may need to be applied depending on the complexity of the case. For a confidential consultation with an experienced Kamuela DUI lawyer, contact Olson & Sons, L.C. on (808) 885-8533. Convenient payment plans are available.

How Kamuela DUI Lawyers Defend These Charges?

Posted on October 15, 2019March 22, 2022 by Olson & Sons

Hawaii County prosecutors are very aggressive when it comes to DUI charges because this offense is much more common in Hawaii than it is on the mainland. The self-reported driving while the intoxicated rate is about 50 percent higher here than in the Lower 48. Statistically, the fatality rate is also higher in the Rainbow State than it is elsewhere.

DUI has significant direct and indirect consequences. In addition to fines, court supervision, and jail time, most defendants must deal with drivers’ license suspension and much higher auto insurance rates.

To counter aggressive prosecutors, Kamuela DUI lawyers take an equally aggressive stance. Typically, that stance includes one or more of the three defensive strategies outlined below. Many times, these defenses at least enable a Kamuela DUI lawyer to negotiate a favorable plea agreement.

Procedural Hurdles in DUI Cases

Many Hawaii County prosecutors, especially if they are not very experienced, do not appreciate the complexities of Section 291E-61. These lawyers often think that all DUIs are the same. But under the statute, there are four distinct ways to prove intoxication:

Influence of alcohol “sufficient to impair the person’s normal mental faculties or ability to care for the person and guard against casualty,”
Influence of a non-alcohol drug “under the influence of any drug that impairs the person’s ability to operate the vehicle in a careful and prudent manner,”
A breath alcohol level above .08, or
A blood alcohol level above .08.

Hawaii’s DUI law does not include a phrase like “or a combination of one or more of these things.” Prosecutors must establish one of the four different kinds of intoxication.

The type of Breathalyzer illustrates one of these pitfalls. Some of these gadgets measure breath alcohol and produce a blood alcohol estimate. Others measure and display only breath alcohol. So, if the state pleads the fourth type of impairment but the evidence shows a breath alcohol level, a judge may throw the case out of court due to the variance between the pleadings and proof.

Generally, a Hawaii County judge will allow prosecutors to dismiss and refile charges in these situations. But at that point, many prosecutors would rather negotiate a favorable plea deal than start over at the beginning.

Not Driving Can Still Mean DUI

Many people are surprised to learn that driving is not an element of driving under the influence in Hawaii. Instead, the statute only requires the defendant to “operate[] or assume[] actual physical control of a vehicle.”
So, people who operate driverless cars could be guilty of DUI. That’s especially true in the currently available cars which are not completely autonomous.

Additionally, people who are asleep or passed out behind the wheel could be guilty of DUI. If they had the keys and the vehicle was drivable, they were probably in physical control of the vehicle. However, if they did not have the keys and/or the car was out of gas or otherwise not drivable, a Kamuela DUI lawyer might be able to get the charges thrown out of court.

DUI-collision cases raise a similar point. The prosecutor must prove each element of the offense, including operating the vehicle, beyond any reasonable doubt. Usually, by the time police officers arrive at a collision scene, the driver has either voluntarily exited the vehicle or been transported to a hospital. Unless a witness can “wheel” the defendant (place the defendant behind the wheel at or very near the time of the crash), DUI charges may not hold up in court.

“Not Intoxicated” as Defense for DUI

In many DUI cases, intoxication, or lack thereof, is the only real issue. Generally, prosecutors may use either direct or circumstantial evidence to establish intoxication. Kamuela DUI lawyers often successfully challenge both kinds of evidence.

Chemical Test Results: Breathalyzers are not 100 percent accurate. For example, these gadgets often read acetone, which the body produces naturally, like ethanol. Some people, including smokers and diabetics, have naturally high acetone levels. As for blood tests, a Kamuela DUI lawyer can order a re-test. These independent tests often produce different results than the ones police laboratory technicians claim they find.
Field Sobriety Tests: The horizontal gaze nystagmus (DUI eye test), walk-and-turn, and one-leg stand are almost entirely subjective. The officers’ interpretation may be much different from the jury’s interpretation, and the jury’s opinion is the only one that counts. Additionally, prosecutors must prove that the defendant failed the FSTs because s/he was intoxicated, and not because s/he was nervous, sleepy, or clumsy.

The burden of proof in criminal cases (beyond a reasonable doubt) is the highest burden in U.S. law. So, many people are not legally guilty simply because there was not enough evidence to convict them.

Defense Against Highly Intoxicated DUI Charges

Highly Intoxicated DUI charges come with higher penalties because those convicted drove with a blood alcohol that far exceeded the legal limit. Hawaiian law defines highly intoxicated DUI as blood alcohol that exceeds .15 grams or more per 100 milliliters of blood or .15 grams or more per 210 liters of breath.

With a regular DUI case, prosecutors can argue that the defendant is guilty because he was impaired. However, proving highly intoxicated DUI requires establishing a specific blood-alcohol level. Law enforcement relies on chemical tests to make their case for Highly Intoxicated DUI. Often, these tests are administered improperly or are inherently fallible. If your Kamuela DUI attorney can raise doubts about the test’s accuracy, the court may lower- or dismiss the charges.

If convicted, defendants must serve at least 48 hours in jail and a six- to 18-month license revocation. Repeat offenders must serve 10 days behind bars and lose their license for 12 to 36 months.

Connect with an Assertive Kamuela Attorney

There is a big difference between a drunk driving arrest and a drunk driving conviction. For a confidential consultation with an experienced Kamuela DUI lawyer, contact Olson & Son, L.C. Convenient payment plans are available.

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