Kona DUI Attorneys

We’ll Fight For You!

Sometimes people make the mistake of getting behind the wheel intoxicated. If you are arrested and/or charged for driving under the influence ( DUI ),you should contact a locally based attorney immediately. Regardless whether you need assistance with your ADLRO case or your criminal charge, our experienced attorneys can walk you through this complicated and duplicative process.

Unlike the Court system on O’ahu, generally the State is always ready for its case when it is time for trial. So do not be mislead by DUI attorneys and lawyers suggesting that a case may be dismissed because the officer may not appear, as that is not the case here.

We are local DUI lawyers familiar with the nuances of the courts and the prosecutors in Kona and ready to fight for you.

The Two Aspects of DUI Arrests in Kona

As stated on the Judiciary’s website, there are two aspects of your DUI arrest:

1. Administrative Driver’s License Revocation Office (ADLRO) The ADLRO revokes the driver licenses of persons found to be operating a vehicle under the influence of an intoxicant (DUI) (OVUII) and the motor vehicle registrations and license plates of persons found to be repeat offenders. The administrative revocation process set forth in HRS Chapter 291E, Part III is separate and distinct from
2. Criminal Charges Criminal charges may be filed in court as a result of an arrest for OVUII.

1. Administrative Driver’s License Revocation Office (ADLRO)

The ADLRO can restrict and take away your license, but cannot put you in jail. You have a right to a hearing to contest such; however, being that it is an administrative hearing, the burden of proof to establish a person was operating a vehicle under the influence of an intoxicant is lower than is required in a criminal trial (proof beyond a reasonable doubt).

2. Criminal Charges

In contrast, a Criminal DUI (also known as OVUII) charge before a court of law may result in a jail sentence, fines, community service, assessments, court fees, substance abuse classes, and license restrictions/suspensions. It is common practice in Kona (Kailua) and Kamuela for the Prosecutor to wait months after you have been arrested to formally charge you with a DUI.

 

What You Need To Know About Ignition Interlock In Hawaii

A recent development in Hawaii’s ignition interlock law has been the implementation of the State’s new Ignition Interlock Law. Unlike years past, an ignition interlock device allows a person who has had his or her license revoked by the ADLRO or the Court to continue to drive his or her vehicle during the mandatory license revocation period.

Both the ADLRO and the criminal court can issue you an ignition interlock permit. This allows you to drive during the revocation if you install an ignition interlock device in your vehicle. Basically, it is a device that you blow into before your car starts that detects whether there is any alcohol on your breath. If it detects alcohol, the car will not start.

Sometimes the device requires you to pull over and blow to determine whether you had anything to drink since the car started. While it may be an inconvenience, it is certainly a better alternative than not being able to drive.

If you do not have an ignition interlock device, and you are caught driving during the revocation period, the penalties for driving while license suspended or revoked because of a DUI are stricter than the DUI itself. This includes mandatory jail. We advise all of our clients to seek the ignition interlock permit.

 

Hawaii’s New Highly Intoxicated DUI Law

The Hawaii legislature has cracked down on DUI. It passed legislation creating more severe consequences for people who get behind the wheel while grossly exceeding the legal alcohol limit.

If convicted under this legislation, defendants must serve at least 48 hours behind bars. In addition, they face license revocation for 6- to 18 months. Repeat offenders (DUI conviction in the previous 10 years) must reside in jail for a minimum of 10 days and lose their driving privileges for 12- to 36 months.

To win a conviction, prosecutors have to prove that the defendant’s BAC exceeded either .15 grams per 100 milliliters of blood or .15 grams per 210 liters of breath.

Kona DUI attorneys can challenge flawed blood alcohol testing that often leads to artificially high readings. In many cases, the result is a reduced charge or case dismissal.

 

 

Possible Legal Issues That Could Help Your Defense

1. Reasonable Suspicion

   Did the police officer have reasonable suspicion to pull you over? Did the police officer have probable cause to arrest you? Did the police officer properly perform the standardized field sobriety tests?

   These are just some of the questions that our DUI Lawyers in Kona ask in evaluating someone’s case who is charged with drinking and driving. Basically, the police need a legal reason to pull you over and detain you. If not, under the state and federal constitutions, the stop is illegal and the government cannot charge you with drinking and driving.

2. Probable Cause

   In order to arrest you, the police need to establish probable cause. Most often the police will use your performance on the field sobriety tests to justify such. But what is lost on many is the fact that the police officers are required to follow the standardized field sobriety tests established by the National Highway Traffic Safety Administration a.k.a. “NHTSA.” Olson & Sons’s lawyers in Kona are versed in NHTSA protocol. Often times, the “standards” in the standardized field sobriety tests are not followed by the police. Perhaps the police officer did not administer the horizontal gaze nystagmus test properly. Maybe the police officer did not administer the field sobriety tests on a flat surface as required by NHTSA.

   Even if you believe are guilty, it is important to consult with a lawyer in Kona or, while if you are charged with drinking and driving to determine whether there are any issues in your OUVII case.

 

Understanding DUI Charges and Consequences

Facing DUI charges can be daunting, but understanding the process and potential outcomes is crucial. In Kona, Kailua, and Kamuela, the criminal defense firm specializing in DUI cases provides essential legal representation to ensure your rights are protected. DUI attorneys in Hawaii, particularly experienced attorneys in Kona, can help you navigate the complexities of DUI laws and the criminal justice system.

 

DUI Arrest and Legal Representation

A DUI arrest involves various legal aspects, including administrative and criminal proceedings. A DUI lawyer can assist you in both areas. The ADLRO handles the administrative revocation of your driver’s license, while criminal charges are processed through the courts. Legal counsel from a reputable law office is essential to handle both these aspects effectively.

 

Criminal Defense and DUI Cases

Criminal defense attorneys play a crucial role in defending individuals facing DUI charges. They can challenge the evidence, question the validity of the field sobriety tests, and scrutinize police reports. An experienced DUI attorney will investigate whether the police had probable cause to arrest you and whether the chemical tests were administered correctly.

 

The Role of Legal Counsel in DUI Cases

Legal representation is vital in DUI cases to ensure fair treatment and to explore all possible defenses. DUI lawyers will examine all aspects of your case, from the initial traffic stop to the administration of chemical tests. They will also look into any potential violations of your rights during the arrest process.

 

DUI Laws and Penalties in Hawaii

Hawaii’s DUI laws are strict, and penalties can be severe, especially for repeat offenders or those with high blood alcohol content. The law mandates jail time, license revocation, and other penalties for those convicted of DUI. Understanding these laws and the potential consequences is crucial for anyone facing DUI charges.

 

Legal Services for DUI Defense

A DUI conviction can have long-lasting effects on your life, including your driving privileges and criminal record. Seeking legal help from a criminal defense firm that specializes in DUI defense is essential. DUI attorneys in Hawaii provide legal services that can help mitigate the impact of a DUI charge.

 

 

The Importance of Hiring a DUI Lawyer

Hiring a DUI lawyer is crucial for anyone facing DUI charges. The best DUI lawyers have extensive legal experience and a deep understanding of DUI laws. They can provide legal counsel, represent you in court, and work towards reducing charges or achieving case dismissals.

 

DUI Defense Strategies

DUI defense strategies can vary depending on the specifics of your case. A skilled DUI lawyer will explore all possible defenses, such as challenging the accuracy of blood tests or questioning the legality of the traffic stop. They will also look into any potential violations of your rights during the arrest and testing process.

 

Legal Representation in Kona, Kailua, and Kamuela

If you are facing DUI charges in Kona, Kailua, or Kamuela, it is crucial to seek legal representation from a reputable law office. DUI attorneys in these areas have the experience and knowledge necessary to defend you against DUI charges effectively. They can provide legal counsel and representation to ensure the best possible outcome for your case.

 

Next Steps in Your Hawaii DUI Case

Facing DUI charges in Hawaii can be overwhelming, but with the right legal representation, you can navigate the complexities of the legal system and work towards a favorable outcome. An experienced DUI attorney in Kona, Kailua, or Kamuela can provide the legal counsel and representation you need to defend against DUI charges. Whether you are dealing with administrative revocation or criminal charges, having a skilled DUI lawyer by your side is essential.

For a consultation with an experienced Kona DUI Attorney from Olson & Sons, please call 808-331-3113 for an appointment. Even if you believe you are guilty, it is important to consult with a DUI Lawyer in Kona if you are charged with drinking and driving to determine whether there are any issues in your OUVII case.

 

 

Top FAQs to Hawaii DUI Attorneys

Do I Need a Lawyer for a DUI in Hawaii?

Yes, it is highly advisable to hire a DUI lawyer if you are facing DUI charges in Hawaii. A DUI attorney can provide essential legal counsel and representation, helping you navigate the complexities of DUI laws and criminal charges. They can challenge the evidence against you, question the validity of field sobriety tests and chemical tests, and work to protect your driving privileges. Experienced attorneys from a reputable criminal defense firm are equipped to handle your case, providing you with the best possible defense and legal help.

 

What Happens When You Get Your First DUI in Hawaii?

For a first DUI offense in Hawaii, the consequences can be severe. You may face criminal charges, which could result in fines, community service, mandatory substance abuse classes, and a license revocation. The administrative revocation of your driver’s license will be handled by the ADLRO. Additionally, you may be required to install an ignition interlock device in your vehicle. A criminal defense attorney can help you understand your rights, explore possible defenses, and work towards reducing your charges or penalties.

 

What is the DUI Limit in Hawaii?

In Hawaii, the legal blood alcohol content (BAC) limit is 0.08 grams per 100 milliliters of blood or 0.08 grams per 210 liters of breath for drivers over the age of 21. For commercial drivers, the limit is lower, set at 0.04 grams. If you are under the age of 21, any detectable amount of alcohol in your system can lead to DUI charges. DUI lawyers can provide legal representation to challenge BAC test results and work towards a favorable outcome in your case.

 

Is a DUI a Felony or Misdemeanor in Hawaii?

In Hawaii, a DUI can be classified as either a misdemeanor or a felony, depending on the circumstances. A first or second DUI offense is typically considered a misdemeanor. However, if you have three or more DUI convictions within a ten-year period, you could be facing felony DUI charges. Felony DUI charges carry more severe penalties, including longer jail time and extended license revocation periods. An experienced DUI attorney can help you understand the charges against you and provide legal counsel to defend your case.

 

What is the DUI Law in Hawaii?

Hawaii’s DUI laws are stringent and designed to deter drunk driving. Under Hawaii Revised Statutes Chapter 291E, it is illegal to operate a vehicle with a BAC of 0.08 or higher. The law also imposes administrative and criminal penalties for DUI offenses, including license revocation, fines, jail time, community service, and mandatory substance abuse education. Ignition interlock devices are required for offenders during the revocation period. Legal representation from a criminal defense firm is crucial to navigate these laws and defend against DUI charges.

 

How Long Does a DUI Stay on Record in Hawaii?

A DUI conviction in Hawaii will remain on your driving record for five years. This can affect your insurance rates and your ability to obtain certain licenses. Additionally, a DUI conviction is considered a prior offense for ten years when determining penalties for subsequent DUI charges. This means that any DUI offenses within this period will be treated more severely. A DUI lawyer can provide legal help to potentially reduce the impact of a DUI conviction on your record.

 

 

*Nothing herein constitutes legal advice, you should seek an attorney before you take any action, nor does anything herein create an attorney client relationship.