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Category: Kona DUI

DUI Laws Hawaii (2026 Legal Guide)

Posted on by Olson & Sons

The stop feels routine until it isn’t. You see lights in the mirror on Queen Kaʻahumanu Highway, or on a back road near Waimea, and within minutes the officer is asking where you’ve been, whether you’ve been drinking, and whether you’ll take tests.

In Hawaii, that moment can split your life into two separate legal problems at once. One threatens your license. The other threatens your criminal record, your job, your insurance, and in some cases your freedom. If you’re looking up dui laws hawaii after an arrest, you need the plain version, not recycled mainland advice that misses Hawaii-specific rules.

A Hawaii DUI is usually charged as OVUII, short for Operating a Vehicle Under the Influence of an Intoxicant. The label matters because Hawaii’s law isn’t built around only one number on a breath test. The state can try to prove impairment in several different ways, and the license case moves on its own track even while the court case is still pending.

Your Guide to a Hawaii DUI Arrest

The first mistake people make is assuming the case starts and ends in court. It doesn’t. A Hawaii OVUII arrest usually triggers an immediate fight over your right to drive and a separate criminal prosecution.

A view through a rearview mirror of a police car with flashing lights on a rainy road.

That’s why the hours after arrest matter. What you said on the roadside, whether the officer claimed you showed signs of impairment, whether you took or refused testing, and what paperwork you received can affect both tracks.

What usually happens first

A typical arrest follows a pattern:

  1. The stop happens. The officer says you were speeding, weaving, crossing a line, or driving in some way that drew attention.
  2. The investigation starts. The officer asks questions, looks for signs of alcohol or drug use, and may ask for field sobriety testing.
  3. The arrest follows. If the officer believes there is enough evidence, you’re arrested for OVUII.
  4. Two cases begin. One is administrative and focused on your license. The other is criminal and handled in court.

Why fast action matters

People often lose ground by waiting. They assume they’ll deal with it when the court date arrives. That delay can cost them options.

Practical rule: Treat a Hawaii DUI arrest like a legal emergency, not a traffic ticket.

Hawaii also enforces a 0.08% BAC limit, and the state’s OVUII laws include implied consent concepts and escalating penalties for more serious circumstances, according to Hawaiʻi Police Department DUI statistics and legal summary. But the number alone doesn’t tell the whole story. The officer’s observations, the testing process, and the timing of your response all matter.

If you’ve been arrested on the Big Island, the right first move is to get organized immediately. Save every paper. Write down everything you remember. Then get legal advice before you make the common mistake of thinking “I’ll just explain it to the judge.”

Understanding a Hawaii OVUII Charge

Hawaii doesn’t just ask one question: Were you over the limit? The law gives prosecutors multiple ways to build the case.

Under HRS §291E-61(a), Hawaii can try to prove OVUII in four distinct ways: (1) driving while impaired by alcohol, (2) driving while impaired by any drug, (3) driving with a BAC of 0.08% or more, or (4) driving with 0.08 grams of alcohol per 100 milliliters of blood, as outlined in this overview of Hawaii OVUII law.

Per se versus impairment

The cleanest way to understand the law is to separate two types of cases.

A per se case is the number case. If the state has a valid chemical test at or above the legal threshold, prosecutors don’t need to argue much about whether you “seemed drunk.” They rely on the test result.

An impairment case is different; one type is based on a reading, while the other is founded on a narrative. In the latter, the prosecutor uses driving behavior, physical observations, statements, and field test performance to argue that your ability to drive safely was impaired.

That matters because being below 0.08 doesn’t create a safe zone. Hawaii’s framework allows the state to pursue a case based on observed impairment even without a high BAC result.

Alcohol, drugs, and mixed-use cases

Many people still think DUI law is only about beer, wine, or liquor. It isn’t. Hawaii’s OVUII law also reaches drug impairment. That includes situations where the officer claims a driver’s judgment, coordination, or safe operation was affected by a substance other than alcohol.

If you want a practical look at where roadside drug testing is headed, especially as law enforcement pushes for new tools, Marijuana Breathalyzers Are Coming is worth reading. It helps explain why drug-based OVUII cases can become more technical than many drivers expect.

What this means in real life

The prosecutor’s playbook is broader than commonly realized.

  • A low number may not end the case: The state may still argue you were impaired.
  • No test doesn’t always mean no prosecution: The case may turn on the officer’s observations.
  • Drug allegations change the evidence fight: These cases often depend more heavily on behavior, statements, and expert interpretation.

A charge tells you what the police believe they can prove. It does not mean they can actually prove it.

That distinction is where defense work begins.

The Two Paths After a DUI Arrest

A Hawaii DUI arrest creates two legal tracks that run at the same time. They overlap in facts, but they are not the same case, and winning one doesn’t automatically win the other.

The first track is administrative. It targets your driving privileges. The second is criminal. It targets your record and exposes you to court-imposed penalties.

A flowchart detailing the administrative and criminal legal processes following a DUI arrest in Hawaii.

The administrative case

The administrative side is often the shock. Drivers think the license issue will wait until a conviction. It usually doesn’t.

The state can move to revoke or suspend your license through the administrative process before the criminal case is resolved. That means a person can still be fighting the court case while already dealing with loss of driving privileges.

Here’s the practical problem: the administrative timeline moves fast. If you sit on the paperwork or miss the deadline to act, you can lose the chance to contest the license consequence in a meaningful way.

The criminal case

The court case is slower and broader. It deals with the OVUII charge itself. That process can include arraignment, discovery, motions, plea negotiations, and possibly trial.

The issues also differ. In court, the defense may challenge the stop, the officer’s observations, the field sobriety process, the chemical test, or whether the prosecution can prove every required element. In the administrative case, the focus is narrower and tied closely to the legal basis for revoking your license.

Why the two-track system confuses people

It feels backward because it is backward from what is commonly expected.

Track Main issue Decision-maker Immediate risk
Administrative Your right to drive State administrative process Suspension or revocation of license
Criminal Guilt or innocence on OVUII charge Court Criminal penalties and record

A driver can have a strong issue in one forum and not the other. For that reason, strategy has to account for both. If you want a closer look at why separate representation issues come up early, this discussion of whether a Kona DUI lawyer should represent you at an ALR hearing addresses the administrative side directly.

What works and what doesn’t

What works is treating the two cases as connected but independent. Documents, officer reports, and test records may matter in both places, but the arguments are not always identical.

What doesn’t work is waiting for the criminal court date and assuming the license problem will sort itself out. It won’t.

The state can pressure a driver long before trial by attacking the license first. That’s one reason early defense work matters so much in Hawaii OVUII cases.

If you remember one point from this section, remember this: after a Hawaii DUI arrest, you’re not fighting one case. You’re fighting two.

Hawaii DUI Criminal Penalties and Consequences

Criminal penalties in an OVUII case are not abstract. They affect how you get to work, whether you can keep a professional license, what your family deals with, and how much control the court has over your daily life.

For a first offense in Hawaii, penalties can include no less than 10 days to 5 years imprisonment, with at least 48 hours consecutive, along with up to 5 years probation, fines, and license suspension, according to the Hawaiʻi Police Department summary of Hawaii DUI laws. The law also became stricter in 2019 for aggravated circumstances, including habitual violators, BAC of 0.15% or higher, or driving with a child under 15 in the vehicle, as noted in that same source.

The practical meaning of a conviction

People hear “fine” and think they can budget for it. That understates the damage. A conviction can trigger missed work, increased insurance costs, mandatory court compliance, treatment requirements, license restrictions, and repeated appearances that disrupt life for months.

On the Big Island, transportation isn’t optional. If you live in Kona, Waimea, Waikoloa, Honokaʻa, or farther out, losing legal driving status can put pressure on your job and family immediately.

Penalties rise with repeat history

Hawaii law escalates sharply for repeat conduct. It also treats certain facts as more serious from the start.

Below is a high-level practical summary based only on the verified information provided.

Offense Jail Time Fine License Revocation
First OVUII offense No less than 10 days to 5 years imprisonment, with at least 48 hours consecutive per the Hawaiʻi Police Department legal summary Fines apply, but the verified data does not provide a precise amount in this source License suspension applies, but the verified data does not specify the exact period in this source
Repeat OVUII offense Penalties escalate Fines escalate Revocation consequences become more severe
Habitual or aggravated OVUII circumstances Stricter penalties apply, especially after the 2019 changes for certain repeat offenders, BAC 0.15% or higher, or a child under 15 in the vehicle, per the same Hawaiʻi Police Department legal summary Higher exposure under stricter penalty framework More serious licensing consequences

That table is intentionally conservative. If a source doesn’t provide a precise number, a defense attorney shouldn’t pretend otherwise.

Ignition interlock can change the outcome

One of the most important Hawaii-specific realities is the Ignition Interlock Device, or IID. Since 2015, Hawaii has offered an IID program that allows many offenders to continue driving “anytime, anywhere” instead of serving a full revocation, according to the Hawaii Department of Transportation IID FAQ.

For Big Island residents, that can be the difference between staying employed and falling into a much deeper problem. Farmers, fishermen, contractors, healthcare workers, and anyone commuting long distances often can’t function without lawful driving privileges.

Trade-offs of the IID option

The IID isn’t a free pass. It’s a monitored driving option with obligations.

  • You keep mobility: That can protect work and family responsibilities.
  • You accept conditions: The device has to be installed and used correctly.
  • You live under scrutiny: Any violation or problem with compliance can create new trouble.

Hard truth: Many drivers would rather deal with an IID than sit through a full no-drive period. That doesn’t make it easy. It makes it survivable.

What not to do after a charge

Don’t assume a first offense is minor because it’s a misdemeanor. Misdemeanors can still reshape a person’s record and routine.

Don’t assume the judge will “understand” because you were cooperative, polite, employed, or had never been in trouble. Those facts may help in negotiation or sentencing, but they do not erase the elements of the charge.

And don’t plead early just to make the stress stop. In OVUII cases, quick pleas often happen before the defense has the reports, video, maintenance records, or testing documents needed to assess the case properly.

How to Challenge Your Hawaii DUI Charge

An arrest is not the final answer. In many OVUII cases, the critical work starts when someone looks carefully at how the police built the case.

A defense challenge doesn’t rely on slogans. It relies on details. Why was the car stopped? What exactly did the officer observe? Were the field tests administered properly? Was the breath or blood evidence collected and handled correctly? Did the state preserve what it needs to prove the case?

A professional office desk with paperwork, glasses, a landline phone, and a computer monitor overlooking Hawaii greenery.

Four common pressure points

Some defense issues appear often because they go to the foundation of the charge.

  • The stop itself: If the officer lacked a valid reason to stop the vehicle, the defense may challenge everything that came after.
  • Field sobriety testing: These tests are often treated as if they are objective science. They aren’t. Road conditions, footwear, fatigue, medical issues, nerves, and unclear instructions can distort them.
  • Chemical testing: Breath and blood evidence depends on procedures, machine reliability, recordkeeping, and proper handling.
  • Officer interpretation: A report may present ordinary behavior as “impairment.” Good defense work tests those assumptions.

Hawaii’s refusal rule matters

Hawaii differs from many mainland guides. In Hawaii, the Supreme Court has recognized a constitutional right to refuse a chemical test without facing a separate criminal charge for refusal, under State v. Won. Refusal can still carry administrative consequences, including license revocation, but it is not a crime itself, as explained in this discussion of Hawaii constitutional rights and State v. Won.

That distinction matters because it changes the defense analysis. A refusal doesn’t automatically solve the case. It can create serious license problems. But it may also limit the prosecution’s ability to rely on a per se chemical number.

What a lawyer is really looking for

A serious OVUII defense reviews the state’s evidence piece by piece, not in bulk.

For example, one issue might be enough to alter the case. In another file, no single issue is fatal, but several weaknesses together can change negotiations or trial posture. If the charge involves breath or blood evidence, this explanation of how Kona DUI lawyers challenge chemical test evidence gives a practical look at where those cases are often fought.

A bad stop, a weak field test record, and a questionable chemical test don’t become strong proof just because they sit in the same police report.

What usually doesn’t work

Certain approaches waste time.

Arguing that you “didn’t feel drunk” usually goes nowhere. So does assuming politeness to the officer will defeat the case. And internet myths about beating the charge because the officer forgot a phrase or because your BAC was “close” usually collapse once the actual records come in.

The useful approach is narrower and more disciplined. Get the evidence. Test each step. Force the state to prove what it claims, with admissible evidence and lawful procedures. If you need counsel for that process, firms including Olson & Sons handle Hawaii County DUI defense and related hearings.

Special DUI Rules for Underage and Commercial Drivers

Not every driver faces the same threshold. Hawaii imposes stricter rules on certain groups, and those cases can carry consequences that hit faster than people expect.

Underage drivers

For drivers under 21, Hawaii applies a zero-tolerance threshold of 0.02%, as described in the earlier Hawaii OVUII law overview. That means conduct an adult might not assume crosses the line can create immediate legal exposure for a younger driver.

The practical risk is bigger than the charge itself. A young driver may also face school, scholarship, family, and future employment consequences. In those cases, families often make the mistake of treating the matter as a lesson instead of a legal case. It is both.

Commercial drivers

Commercial drivers face a lower threshold too. The same Hawaii overview notes a 0.04% standard for commercial drivers. If you hold a CDL, an OVUII allegation can threaten more than ordinary driving privileges. It can threaten the license that supports your work.

If you drive for a living, the case isn’t only about court. It’s about whether you can keep earning a paycheck.

Boaters and others operating vehicles

The central idea also carries beyond ordinary passenger vehicles. Impairment principles don’t disappear because the setting changes. If alcohol or drugs affect safe operation, the legal risk remains serious.

The larger point is simple. Lower thresholds mean less room for error, less room for assumptions, and less room for waiting to get advice.

What to Do Immediately After a DUI Arrest

After an arrest, people usually want to explain. That instinct hurts more cases than it helps. The better approach is controlled, fast, and documented.

On Hawaiʻi Island, police made 840 DUI arrests through late 2025, and Kona accounted for 333 of them, according to Hawaiʻi Island DUI enforcement statistics. West Hawaii sees regular enforcement, so you should assume the process is active, practiced, and unforgiving.

First, stop talking about the facts

Use your right to remain silent. Give identifying information required by law, but don’t try to persuade the officer, the jail staff, or anyone on the phone that the arrest was unfair.

Don’t text your version of events to friends. Don’t post online. Don’t guess about how many drinks you had or when you last ate. Those statements can come back in ways you won’t expect.

Second, write down everything while it’s fresh

As soon as you can, create a timeline.

  • Where you were: Name the location, route, and time as best you can.
  • What the officer said: Include the reason given for the stop and any instructions during field tests.
  • What you did: Note whether you took roadside tests, breath testing, or refused any chemical test.
  • What conditions mattered: Rain, slope, footwear, fatigue, injury, medications, and lighting can all matter later.

Third, get legal help before deadlines pass

The most important next move is immediate legal review of both tracks of the case. If you’re a commercial driver, it also helps to understand the employment side of alcohol testing rules. For that narrow issue, this overview of federal controlled substances and alcohol testing regulations (49 CFR Part 382) is a useful starting point.

If the arrest happened in West Hawaii, this guide on what to do if you’re arrested in Kona addresses the first practical steps. What matters most is speed. Early action can preserve defenses, protect your license position, and prevent avoidable mistakes.

Don’t wait for the court date to start defending the case. By then, you may already be behind on the part that affects your ability to drive.

If you’re dealing with an OVUII arrest in Kona, Kamuela, or elsewhere in Hawaii County, Olson & Sons offers 24/7 consultations for drivers facing DUI and excessive speeding charges. A prompt review of the stop, testing, and license paperwork can help you decide what to challenge, what to preserve, and what to do next.

What Happens if you get a DUI in Kamuela?

Posted on by Olson & Sons

Driving under the influence (DUI) of alcohol or drugs is a criminal offense that carries steep penalties. These penalties become much stiffer for those who have previous convictions on their record. In some cases, a DUI could result in years in prison.

Of course, these penalties only apply if you are convicted. DUI cases are often defensible, especially with the right legal counsel by your side. Your attorney could help you understand what happens when you are arrested for a DUI, and how to fight back against these charges.

Continue reading “What Happens if you get a DUI in Kamuela?”

How Do Kona DUI Lawyers Attack FST Evidence?

Posted on by Olson & Sons

In many cases, especially drugged driving prosecutions, the state relies almost exclusively on the three approved Field Sobriety Tests to establish guilt. So, a Kona DUI lawyer must undermine this evidence in order to successfully resolve the case. That’s also true in Breathalyzer cases. If the defendant does not appear intoxicated in the field tests, many jurors doubt the accuracy of a chemical test.

There is a lot at stake. A DWI might cost up to $25,000 when including direct and indirect expenses. Other losses, such as possible employment and family law effects, are not quantifiable in dollars and cents.

Apropos of nothing, defendants have the right to refuse to perform field tests under the Fifth Amendment. This refusal cannot be used against them in court.

Romberg’s Balance Test

This test, which was developed by German scientist Moritz Romberg in the 1800s, measures balance ability. Subjects must stand straight with their arms extended, their heads back, and their eyes closed. Officers sometimes add additional requirements, such as touching fingertips to the nose.

In some cases, a Kona DUI lawyer might be able to get these results thrown out of court without much effort. The Romberg test, although it is a staple of many police stops, is not approved by the National Highway Traffic Safety Administration. Since it has no scientific basis, it is arguably useless in court as a way to determine intoxication.

In other cases, however, it might be better to allow prosecutors to introduce these test results. Essentially, that’s like giving them enough rope to hang themselves. Many officers, and many Kona DUI lawyers as well, are unfamiliar with the test’s theory. Romberg’s Test deprives the subject of the three things needed for balance, which are:

  • Vestibular function (knowing the position of one’s head in space),
  • Proprioception (knowing one’s body position), and
  • Vision.

If an officer cannot adequately explain these complex concepts to jurors, they often get the idea that the state is manufacturing evidence against the defendant.

Kona DUI Lawyers and the Horizontal Gaze Nystagmus Test

The DUI eye test does not have much scientific basis either. This test does accurately detect nystagmus, a condition also known as lazy eye. But intoxication is not the only cause, or even the leading cause, of nystagmus. IN fact, many people have a lazy eye. They just do not know it, since the symptoms are so mild. So, many people could not pass an HGN test whether they were drunk or sober.

Additionally, roadside HGN test conditions are uncontrolled. Squad car lights flash in the background, and cars whiz by at high speeds. Most officers fail to account for these variables when they score the test.

Because of these deficiencies, many Hawaii County judges only admit HGN test results for limited purposes. If that happens, Kona DUI lawyers might only need to worry about the last two. Anda again, a lawyer only needs to create reasonable doubt.

The Walk and Turn Test

The heel-to-toe walk test also suffers from a number of environmental problems. Footwear is one example. Obviously, it’s almost impossible to walk heel to toe in flip flops, heels, or cowboy boots. Officers usually give these defendants the option to remove these shoes. Unfortunately, it’s just as difficult to walk heel to toe barefoot.

During this test, which usually involves walking about fifteen steps heel to toe forward and backward, officers look for a number of intoxication clues, such as:

  • Beginning the test before the officer says “start,”
  • Leading with the wrong foot,
  • Stumbling,
  • Swaying,
  • Taking the incorrect number of steps,
  • Using arms or hands for balance, and
  • Ending the test before the officer says “stop.”

Nearly everyone “fails” this test, because no one can do all these things flawlessly. Fortunately, the officer’s conclusion is only an opinion. Jurors decide for themselves whether the defendant passed or failed, and their conclusion is the only one that counts.

The One Leg Stand Test

By the time defendants get to the OLS, they are mentally and physically fatigued. However, officers usually never account for this fatigue when they score the test.

Much like the WAT, the OLS is a divided attention test that measures physical dexterity and mental alertness. If the defendant has any mobility impairments, it’s nearly impossible to stand on one leg for more than a few seconds.

Tests for Highly Intoxicated DUI

As FSTs are subjective, the prosecution has a difficult time proving a defendant qualifies for highly intoxicated DUI without a breathalyzer- or blood test. However, these tests also involve subjectivity and margins for error. As a result, a Kona DUI attorney can often negotiate a lower charge or win a dismissal. The standards for highly intoxicated DUI are as follows:

  • .15 or more grams of alcohol per 100 millimeters of a person’s blood
  • .15 or more grams of alcohol per 210 liters of breath

Defending against a highly intoxicated DUI charge is extremely important. Defendants face mandatory time in jail plus up to three years of license revocation. A Kona DUI lawyer can get highly intoxicated DUI charges reduced or dismissed, resulting in no jail time and shorter or no revocation.

Our Skilled Kona DUI Attorneys Will Protect Your Rights

DUI charges can be difficult to defend as they are based on the first-hand observations of a police officer and determined, to a great extent, by the results of various field sobriety tests. A DUI charge can result in several penalties that can directly impact your reputation, finances, career, personal life, and more. However, help is at hand. If you or your loved one was involved in a DUI in Kona, seek strong legal representation as soon as possible. Call our experienced Kona DUI attorneys at 808-331-3113 in Kona for legal consultation today!

Kona DUI Lawyers and Common DUI Defenses

Posted on by Olson & Sons

Generally, the primary defense in a DUI involves creating a reasonable doubt as to the defendant’s intoxication. Generally, drivers are intoxicated if they have lost the normal use of their mental or physical faculties, or they have a BAC above the legal limit, which is usually .08. This approach could mean challenging the field sobriety test results, attacking the validity of a chemical sample, or both.

Frequently, however, other defenses are available as well. DUI prosecutions have a lot of moving parts. That’s especially true in DUI collision cases and a few other situations. If a Kona DUI lawyer can create reasonable doubt on one element of the offense, it’s easier to successfully resolve the case. That resolution could be a dismissal of charges, a plea to a lesser included offense, or a not guilty verdict at trial.

What is Reasonable Doubt?

Hawaii law defines reasonable doubt as a doubt based on reason and common sense. An appeals court in another state said this definition was essentially useless since it was like saying “A white horse is a horse that is white.”

Another way of looking at this definition is to approach it from the perspective of the presumption of innocence. Assume that NPR’s version of a political story is presumably true. To overcome this presumption, the Fox News version must be so convincing that you disregard the NPR story. Additionally, the NPR story must be free of obvious errors, so it stands on its own.

In other words, the state’s proof must be so overwhelming that the prosecutor’s version of events is the only reasonable narrative. Moreover, the state’s case must be almost completely airtight.

Kona DUI Lawyers and Some Non-Intoxication Defenses

Alcohol or drug intoxication is only one element of a DUI case. Sometimes, it’s the only issue. But that’s normally not the case.

1. Driving the Car

As mentioned, this element is often an issue in collision cases. Normally, the state must produce a witness who saw the defendant behind the wheel at or near the time of the collision. If the defendant told officers or witnesses s/he was driving, a Kona DUI lawyer might be able to exclude that statement.

The “reasonable doubt” angle comes into play here. If Sarah was the vehicle’s only occupant, it’s reasonable to assume she was driving, even if there was no direct evidence on this point. If both Sarah and Michael were in the vehicle, the Sarah-was-driving assumption is a little shaky.

On another note, “driving” in this context has a different meaning. Let’s return to the previous example and change the facts. Now assume Sarah was dozing behind the wheel when officers arrived. Even though she was not driving the car in the ordinary sense of the word, she was legally operating it. Therefore, DUI charges could be held up in court.

That’s assuming the keys were in the ignition and the car was fully drivable. If the keys were in Sarah’s purse and/or the car had mechanical problems, the state’s case is weaker. If Sarah didn’t have the keys and/or the car was not drivable at all, a Kona DUI lawyer could probably get the charges dismissed.

2. Public Place

Hawaii has many mini-malls, apartment complexes, large shopping malls, and private roads or waterways. These locations are never public places, even if they have street names and traffic control devices.

Sarah’s example could come up as well. If Sarah was in her driveway, she was not in a public place. If Sarah’s car was parked on the street next to her driveway, that’s a gray area.

3. Wrong County

This issue does not come up in very many DUI cases, but it could affect a BUI (boating under the influence) prosecution. The DUI law applies to boats, motorcycles, scooters, helicopters, and any other motor vehicles. It usually also applies to horses, bicycles, and other non-motorized vehicles.

Local prosecutors only have jurisdiction in their own counties. When boats are between the islands, at some point, they cross the line between different counties. The state has the burden of proof to show that the offense occurred in Hawaii County or wherever.

If the charges are filed in the wrong county, a Kona DUI lawyer can quash the case. That means the state’s lawyers can refile it in the correct county. However, instead of going through all that, many prosecutors agree to favorable plea deals.

Highly Intoxicated Kona DUI Attorneys Defense

The Hawaii legislature has passed a law creating a more serious DUI charge called highly intoxicated DUI. This offense comes with higher penalties: a minimum of two-days jail and six- to 18 months license revocation for first-time convictions (within the previous 10 years). Repeat convictions result in a minimum of ten-days jail time and license revocations from 12- to 36 months.

To prove highly intoxicated DUI, the state must convince the court or jury that the defendant’s blood alcohol content (BAC) exceeded one of these levels:

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

Because the state must prove a specific BAC, your lawyer may be able to contest the highly intoxicated classification. Testing devices have margins of error and fallibility. If your BAC tested close to the highly intoxicated limit, your case may have been inaccurately classified because of faulty testing.

Call Today To Speak With One Of Our Kona DUI Attorneys

DUI cases are common, and so are some of the most effective defenses used to fight the charges. Creating reasonable doubt and presenting non-intoxication defenses are a few of these. The bottom line is, regardless of the facts, almost all criminal cases are defensible in some way. Many times, prosecutors agree to favorable plea deals. Call Olson & Sons, L.C. at 808-331-3113 for a consultation with an experienced Kona DUI lawyer. We routinely handle matters in Hawaii County and nearby jurisdiction.

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How do Kona DUI Lawyers Challenge Chemical Test Evidence?

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Even if you are arrested for DUI, you are still presumed innocent until proven guilty. There are a number of ways to make this presumption hold up in court. For example, the prosecutor often lacks evidence on the driving element of DUI. That’s especially common in collision cases. By the time officers arrive on the scene, the defendant has exited the vehicle. So, it might be hard to prove, beyond a reasonable doubt that the defendant was driving.

But in most cases, intoxication, or the lack thereof, is the only real issue. The test compliance rate varies by jurisdiction. But generally, about 80 percent of drivers provide a breath or blood sample.

Contrary to the popular myth, people who provide chemical samples are not automatically guilty of DUI. Very few scientific tests are 100 percent reliable. Both the breath and blood tests have some flaws, and a good Kona DUI lawyer might be able to successfully challenge test results.

Types of Chemical Tests Used in a DUI Arrest

1. Beating the Breathalyzer

These tests are inadmissible unless a Hawaii County prosecutor verifies the Breathalyzer’s accuracy. To do this, the state usually calls Breathalyzer technicians to the stand. These police officers try to dazzle the jury with tales of fuel cells and electrochemical conversions. Their description makes the Breathalyzer sound like a cutting edge, sophisticated device.

But in reality, the Breathalyzer is basically a 1930s Drunk-o-Meter. Both the Breathalyzer and the DOM count the number of ethanol particles in the defendant’s breath and calculate the defendant’s BAC level based on that count. True, today’s Breathalyzer is more accurate and has many more bells and whistles. But it uses the same basic technology.

Once jurors understand that the Breathalyzer uses technical principles which were discovered before their grandparents were born, they are more likely to look closely at some specific flaws, like:

1. Ketone Levels: Diabetics, smokers, and some other people have high levels of ketones in their bodies. Breathalyzers register these particles as ethanol. So, in these cases, the BAC estimate may be artificially high.

2. Unabsorbed Alcohol: If the defendant has been drinking in the last couple of hours, the BAC estimate may be artificially high as well. Most alcohol does not go from the stomach to the blood. It goes from the stomach to the liver to the blood. So, alcohol may be on the defendant’s breath, but not in the defendant’s bloodstream.

3. Mouth Alcohol: Hawaii’s DUI law requires officers to monitor defendants for at least fifteen minutes before they take a Breathalyzer test. But courts have watered down this requirement so that the monitoring period is now more like a waiting period. As a result, the officer may not know if the defendant burped or belched. These things inflate the number of ethanol particles in the defendant’s mouth.

Kona DUI lawyers can most effectively use these flaws in borderline test cases, like a .08 or .09 BAC level. So, to better explain these flaws to the jury, many Kona DUI lawyers partner with degreed chemists. These scientists have more credibility with the jury than the state’s Breathalyzer technician. These individuals usually learned everything they know about the Breathalyzer at a police-sponsored seminar.

Currently, Breathalyzer testing is only available for alcohol-related DUIs. But in August 2019, researchers at the University of Pittsburgh unveiled a breathalyzer which measures marijuana particles. So, a Breathalyzer drug test may be coming soon.

2. Kona DUI Lawyers and Blood Test Results

Admittedly, blood tests are more difficult to challenge in court, especially on scientific grounds. However, many Kona DUI lawyers order retests in these cases. Quite frequently, this independent retest yields different results from the ones that a police technician claims to have found.

Scientific tests are also important in other drug cases, such as drug possession matters. For example, Georgia police officers recently arrested a man for possession of cocaine. That “cocaine” turned out to be bird poop.

Procedural defenses are often successful as well. The Supreme Court recently ruled that officers must obtain search warrants before they forcibly extract blood samples. Typically, judges approve these warrants over the phone. But a judge’s seal of approval is not a magic wand. Officers must still have probable cause. In many situations, unless the defendant clearly failed one or more field sobriety tests, probable cause is difficult to establish.

Blood tests also may have a chain of custody issues. These little vials do a lot of traveling. They must go from a hospital or clinic to a police lab to an evidence room to a courtroom. A gap in the chain of custody casts a cloud over the evidence’s reliability. Sometimes, that cloud is enough for a Kona DUI lawyer to create reasonable doubt.

Additionally, the samples must be stored under certain conditions. Once again, a lack of proof in this area could affect the sample’s reliability.

Chemical Tests for “Highly Intoxicated” DUI

As with extreme DUI statutes in other states, Hawaii’s Highly Intoxicated DUI law provides for stiffer penalties when a defendant’s BAC vastly exceeded the legal limit. Under Hawaii’s law, a driver commits Highly Intoxicated DUI if one of these conditions is met:

  • Above .15 grams of alcohol per 100 milliliters of blood
  • Above .15 grams of alcohol per 210 liters of breath

Penalties for first-time offenders include a minimum of 48 hours in jail and license revocation from between six and 18 months. Repeat offenders face at least 10 days in jail and license revocation from between 12 and 18 months. A repeat offender is a convict who has a previous DUI within the past 10 years.

Challenge Chemical Test Results with the Help of a Kona DUI Lawyer

Chemical evidence of intoxication does not always hold up in court and can result in wrongful convictions and excessive criminal penalties. Don’t let this happen to you. For a confidential consultation with an experienced Kona DUI lawyer, contact Olson & Sons, L.C. Call us at 808-745-1565 to speak with us about your case. Home and jail visits are available.

How Kona DUI Lawyers Can Beat 5 Field Sobriety Tests

Posted on 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 Kona 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.

This right is critical in DUI cases. Officers must have probable cause to administer Breathalyzer tests, and typically, the FSTs furnish that probable cause. Furthermore, in chemical test refusal cases, the FSTs usually provide most or all of the evidence of intoxication.

So, in both test and refusal matters, attacking the FST results is a critical part of a Kona DUI lawyer’s approach to these cases.

Finger-to-Nose Test in DUI Cases

On the witness stand, officers say this test measures balance. Drivers must stand with their arms extended and alternatively touch their index fingertips to their noses. During the test, officers deduct points if the driver sways or does not touch a finger to nose.

The real purpose of this test is to fatigue the defendant. Test results are usually either highly questionable or entirely inadmissible because this test is not in the three-test National Highway Traffic Safety Administration battery.

Romberg Balance Test

German neurologist Moritz Romberg, who obviously had lots of free time, invented this balancing test in the 19th century. Test subjects must stand with their heads back and eyes closed. According to Romberg and other test advocates, this position deprives the test subject of all three ways to maintain balance, which are:

  1. Vestibular function (knowing the position of one’s head),
  2. Vision, and
  3. Proprioception (knowing one’s body position in space).

Because of that three-pronged deprival, intoxicated individuals should almost literally fall over drunk during the Romberg test.

This test has no scientific basis, and for that reason, judges often exclude it at trial. However, for strategic reasons, a Kona DUI lawyer often allows officers to testify about the Romberg test. If they cannot explain abstruse principles like proprioception and vestibular function, which is usually the case, some jurors may think the officer was not qualified to administer the FSTs or interpret their results.

Horizontal Gaze Nystagmus to Nail DUI

The DUI eye test is the first FST in the three-test NHTSA battery. It is also the most controversial of the three.

Nystagmus is a vision disorder which is also called the lazy eye. Nystagmus causes involuntary pupil movements at certain viewing angles. Alcohol causes nystagmus, but it is not the only cause. In fact, it is not even the leading cause of nystagmus. A childhood brain injury or a genetic defect causes many more nystagmus cases than alcohol.

Additionally, there are also issues with test conditions. The HGN test is usually accurate if administered under controlled conditions, but roadside HGN tests do not occur under controlled conditions. The sky is dark, overhead squad car lights flash in the distance, and cars whiz past with their headlights on.

Heel-to-Toe Walk

The HTW, which is also known as the Walk and Turn or the walking-a-straight-line test, is probably the most reliable of all FSTs. It is a divided attention test which measures physical dexterity and mental acuity. Defendants must walk a straight line forward and backward, walking the only heel to toe. During the test, officers look for intoxication includes, which include:

  • Beginning the test before the officer says “start,”
  • Leading with the wrong foot,
  • Failure to walk heel to toe on any step,
  • Using arms for balance,
  • Moving off the line,
  • Unsteady balance, and
  • Ending the test before the officer says “stop.”

It is almost impossible to successfully complete the HTW while wearing flip-flops, cowboy boots, or anything other than athletic shoes. It’s even more difficult to pass this test if the officer requires the defendant to walk an imaginary line instead of an actual line.

Additionally, in court, Hawaii County prosecutors must establish that the defendant failed the test because s/he was intoxicated, and not because s/he was tired, nervous, disabled, or clumsy.

One Leg Stand to Establish DUI

In many ways, the OLS is a lot like the HTW. They are both divided attention tests. And, they are both controversial.
Many officers focus on minor technicalities when they evaluate the OLS. For example, they may testify that the defendant “failed” the test if he elevated the wrong leg, even if he performed everything else perfectly.

Jurors look at video footage of these tests and decide for themselves if the defendant passed or failed them. And, the jury’s opinion is the only one that counts.

Tests for Highly Intoxicated DUI

Highly intoxicated DUI requires prosecutors to prove that the defendant’s blood alcohol exceeds the legal limit by a specified large margin of .15 grams per 100 milliliters of blood or .15 grams per 210 liters of breath.

Establishing these levels requires a chemical test. Often, defense attorneys can establish that the tests were improperly administered or are inherently unreliable, resulting in reduced charges or dismissal.

If convicted of highly intoxicated DUI, defendants face at least 48-hours in jail and a six- to 18-month license revocation. Repeat offenders must spend 10 days in jail and lose their licenses for 12 to 18 months.

Contact an Assertive Kone DUI Attorney

DUI FSTs are by no means conclusive evidence of guilt. For a confidential consultation with an experienced Kona DUI lawyer, contact Olson & Sons, L.C. We routinely handle matters in Hawaii County and nearby jurisdictions.

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10 Possibilities for Drunk Driving Offenders

Posted on by Olson & Sons

Nationwide, the average cost of a DUI is about $15,000, when adding up both direct and indirect consequences. These costs are probably higher in Hawaii. Everything except pineapples and flowers is very expensive here. And, the Rainbow State has some of the harshest DUI laws in the country.

A new law now requires tougher sentences for those arrested for a highly intoxicated DUI. The state defines highly intoxicated DUI as having a blood alcohol content of more than .15 grams per milliliter of blood or .15 or more grams of alcohol per 210 liters of breath.

Hawaii’s highly intoxicated law also carries a minimum of 48-hours in jail and license revocation between six- and 18 months. Repeat offenders face a minimum of 10 days in jail and 12- to 36 months license revocation unless the last offense occurred more than 10 years in the past.

An effective Kona DUI lawyer can reduce or eliminate these consequences. Chemical tests, including the Breathalyzer, are not 100 percent accurate. In fact, in many cases, they aren’t even close to that accurate. Additionally, field sobriety tests, like the DUI eye test, are extremely subjective.

There may be some non-intoxication defenses as well. For example, many police officers arrest people for DUI while they are on private property, like a shopping mall or apartment complex parking lot. Additionally, unless the driver was fully alert and in full control of the vehicle, Hawaii County prosecutors may be unable to establish the “operating” element of an OVUII (operating a vehicle under the influence of an intoxicant).

These defenses could result in a complete dismissal of charges, favorable pretrial settlement, or a not-guilty verdict at trial.

Arrest May be Unavoidable

Prior to the mid-1990s, most officers treated DUIs like speeding tickets. If the driver was not passed-out drunk and promised to go straight home, many officers just issued warnings. Today, once an officer suspects intoxication, an arrest is practically inevitable. That’s especially true if the stop happens during a STEP campaign or another heightened enforcement period. So, do not think that if you pass a Breathalyzer test that officers will let you go. That’s not going to happen.

Drunk Driving Charges Invite Court Appearances

Most Hawaii County judges require defendants to appear at all court dates, even if they are only procedural. Asking for time off from work every month is embarrassing, to say the least. Moreover, many bosses are not very patient in this area. After two or three months, they may pressure you to “get it over with.” Such an ultimatum could put a Kona DUI lawyer in a very bad position.

You May Serve Jail Time

Hawaii has a mandatory confinement law. People who are convicted of a first-time DUI must spend between 48 hours and 120 hours (five days) in jail. If the judge assesses the minimum, most people have enough time served to satisfy the requirement. But if the judge imposes the maximum, the defendant must usually do some additional time. Minimum confinement periods increase substantially for repeat offenders.

Drunk Driving Leads to Fine Payment

The maximum first-time DUI fine is $1,000. Defendants must also pay court costs, which are usually several hundred dollars. And, if an enhancement applies, like a DUI-child passenger, the fine and costs could be even higher. Some courts allow defendants to pay this money in installments, but many do not.

Probation Penalty for Drunk Driving

The financial penalties keep coming. Probationers must normally pay community supervision costs once a month. And, they must also personally report to probation officers once a month. Failure to fulfill these conditions could mean probation revocation. The same thing could happen if the defendant violates any other condition, such as getting in trouble with the law again or failing to work or go to school full time.

Attend and Complete Driving School

DUI driving school is not anything like driving school for teenagers or defensive driving for adults. Drunk driving school usually includes victim impact panels, long lectures about driving safety, and alcohol evaluation. This test could be questions about drinking habits. Or, it could be a full medical and psychological evaluation.

Alcohol Treatment May be Suggested

If the aforementioned alcohol evaluation indicates the defendant has a drinking problem, the defendant must normally complete all requirements to be eligible for drivers’ license reinstatement. Sometimes, these requirements are not terribly burdensome. Other times, requirements could include inpatient alcohol treatment, which the defendant must pay for.

Ignition Interlock Device to Curb Drunk Driving

As an additional condition of drivers’ license reinstatement, most offenders must drive with an IID. This device is basically a portable Breathalyzer which is attached to the ignition. If the defendant’s BAC level is higher than .04, the vehicle will not start. Most IIDs also have digital cameras to ensure that the person providing the breath sample is also the person who is driving the car.

Higher Auto Insurance for Drunk Driving Offenders

Remember that $15,000 figure quoted above? Increased insurance premiums usually make up most of that cost. Persons with DUIs must obtain high-risk insurance and keep it for at least three years. An SR-22 may increase monthly premiums by 40 percent or more.

Contact a Thorough Kona DUI Attorney

Drunk driving could have some serious consequences, and an experienced Kona DUI lawyer helps you avoid them. For a confidential case evaluation, contact Olson & Sons, L.C. at (808) 745-1565. Home and jail visits are available.

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Should a Kona DUI Lawyer Represent Me at the ALR Hearing?

Posted on by Olson & Sons

Hawaii is an implied consent state. Whether they know it or not, drivers give police officers permission to administer chemical tests, including the Breathalyzer, when they sign their drivers’ licenses. They may revoke that permission later, but this revocation has consequences, in the form of drivers’ license suspension. Continue reading “Should a Kona DUI Lawyer Represent Me at the ALR Hearing?”