The Two Aspects of DUI Arrests in Kona

If you’ve been arrested for a DUI in Kona, it’s important to understand that your arrest involves two separate legal processes. As stated on the Judiciary’s website, these are the Administrative Driver’s License Revocation Office (ADLRO) and Criminal Charges. The administrative revocation process set forth in HRS Chapter 291E, Part III is separate and distinct from any criminal charges that may be filed in court.

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

A Criminal DUI (also known as OVUII) charge before a court of law may result in:

• Jail sentence
• Fines
• Community service
• Assessments and court fees
• Substance abuse classes
• License restrictions or 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.

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What You Need To Know About Ignition Interlock In Hawaii

A recent development in Hawaii’s DUI 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 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.

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Hawaii’s Highly Intoxicated DUI Law

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

First-Time Highly Intoxicated Offenders

If convicted under this legislation, defendants must serve at least 48 hours behind bars and face license revocation for 6 to 18 months. To win a conviction, prosecutors must prove the defendant’s BAC exceeded either .15 grams per 100 milliliters of blood or .15 grams per 210 liters of breath.

Repeat Offenders

Repeat offenders with a DUI conviction in the previous 10 years face even harsher penalties, including a minimum of 10 days in jail and loss of driving privileges for 12 to 36 months. 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.

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Possible Legal Issues That Could Help Your Defense

These are just some of the questions that our DUI Lawyers in Kona ask when evaluating a case. Even if you believe you are guilty, it is important to consult with a lawyer in Kona if you are charged with drinking and driving to determine whether there are any issues in your OVUII case.

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? 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.

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. What is lost on many is the fact that police officers are required to follow the standardized field sobriety tests established by the National Highway Traffic Safety Administration (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.

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Understanding DUI Charges and Consequences

Facing DUI charges can be daunting, but understanding the process and potential outcomes is crucial. 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. 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.

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.

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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. 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 OVUII case.

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Top FAQs for 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.

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?

Forever. A DUI in Hawaii remains on your criminal record permanently, impacting background checks even after the 5-year look-back period for sentencing.

 

 

*Nothing herein constitutes legal advice. You should seek an attorney before you take any action. Nothing herein creates an attorney-client relationship.