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Kona DUI Attorneys
DUI Lawyers in Kona, Hawaii
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. We are your DUI Lawyers in Kona, Hawaii.
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To schedule a consultation with a Kona DUI Attorney call Olson & Sons today.
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 [2)] criminal charges which may be filed in court as a result of an arrest for OVUII.”
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).
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.
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 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.
LEGAL ISSUES: REASONABLE SUSPICION, PROBABLE CAUSE, NHTSA
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 Attorneys 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.
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.
Regardless whether you need assistance with your ADLRO case or your criminal charge, OLSON & SONS 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 Kailua, Kona, and Kamuela ready to fight for you.
Last, it goes without saying that you should never drink and drive. If there is any doubt, call family or friends to come pick you up. If you do not have family or friends nearby, the big Island now has UBER. An UBER ride, or even a cab, will always be cheaper than the fine imposed by a court (and your attorney’s fees) and less of a hassle than dealing with a license revocation and/or an ignition interlock device in your vehicle. More importantly, catching a ride will protect you and others from harm’s way. A good rule of thumb is that if you had anything to drink, you should not drive.
Call Now For A Consultation With A Kona DUI Attorney
We are Kona DUI Attorneys, please call 808-331-3113 in Kona or 808-885-8533 in Kamuela for an appointment.
*Nothing herein constitutes legal advice, you should seek an attorney before you take any action, nor does anything herein create an attorney client relationship.