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Kona DUI Attorneys
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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.
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To schedule a consultation with one of our Kona DUI Lawyers call our Kona office today at:
The Two Aspects of DUI Arrests in Kona
As stated on the Judiciary’s website, there are two aspects of your DUI arrest:
 the Administrative Driver’s License Revocation Office (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
 criminal charges which 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.
Call Now For A Consultation With An Experienced Kona DUI Attorney
For a consultation with an experienced Kona DUI Attorney from Olson & Sons, please call 808-331-3113 for an appointment. Even if you believe are guilty, it is important to consult with a DUI Lawyer in Kona or, while if you are charged with drinking and driving to determine whether there are any issues in your OUVII case.
*Nothing herein constitutes legal advice, you should seek an attorney before you take any action, nor does anything herein create an attorney client relationship.