Hawaii DUI laws
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Hawaii DUI video transcription
Hawaii DUI laws provide for a five-year look-back period, meaning that if there is a prior conviction for DUI that’s more than five years before the present offense, the present offense will be treated like a first- time offense. If, however, there’s a prior DUI conviction within that five-year period, the punishment for purposes of both court and the driver’s license suspension dramatically increase. A fourth-offense DUI is a felony, and can mean a prison term of up to five years. So if you’re arrested for DUI in Hawaii it’s important to contact an attorney right away to protect your rights.
WARNING: If you are facing Hawaii DUI charges, you cannot afford to waste time. Hawaii DUI laws are tough and you could lose your license or even end up in jail. A guilty plea equals a conviction. Even if this is your first brush with the law, you will be punished if you are convicted. That’s why it’s imperative that you speak with a skilled DUI lawyer today.
When you are charged with a Hawaii DUI, you will have a criminal case and you will need to fight to keep your driver’s license. It is URGENT that you act quickly by contacting a Hawaii DUI defense attorney to protect your driving privileges. If you don’t act immediately, you could lose your driver’s license.
Hawaii DUI laws are strict, even if you are a first-time offender. But know this – if you have been convicted of a Hawaii DUI in the past, your punishment will become much more severe. Drunk driving defense is a specialized area. Let one of the qualified Hawaii DUI LAWS attorneys find a solution to your legal problem if you, or someone you care about, has been arrested for DUI or DWI. Contact a Hawaii DUI LAWS lawyer near you for a free consultation at 1.800.DUI.LAWS.
According to Hawaii DUI laws, (which are also called OVUII laws, for Operating a Vehicle Under the Influence of an Intoxicant), your driver’s license could be suspended by the Administrative Driver’s License Revocation Office (ADLRO). In fact, even if you were in Hawaii for vacation or temporary military assignment, and hold a driver’s license from another state, you could lose your license in your OWN state! It is critical that you protect your Administrative Rights in Hawaii. Because of the Interstate Driver’s License Compact, any action taken against your driving privileges because of a Hawaii DUI will be reported to your home state, and will result in a suspension or revocation there.
If you have been arrested for a Hawaii DUI, prosecutors will try to convict you in one of two ways: either that you were impaired while driving, OR that you violated Hawaii DUI laws by driving with a blood alcohol content (BAC) of .08% or higher. The latter is called Hawaii’s "per se" law, and most states have a similar DUI law.
If the state chooses to prosecutor you based on impairment, it will typically look to four areas to prove you were under the influence of alcohol. These areas include driving patterns, the driver’s physical appearance, field sobriety test results, and chemical test results. The job of a skilled Hawaii DUI defense lawyer will be to establish reasonable doubt in one of these areas. Did you realize that’s all it takes to get a much better outcome in your case?
Prosecutors may also try to prove you are guilty by inferring that you violated Hawaii’s "per se" law. That means it a crime to drive with a blood or breath alcohol content of .08 or higher, regardless of whether or not you were considered impaired when you were behind the wheel. This can be proven based purely on body chemistry. But remember, a skilled DUI defense lawyer knows how to take apart your BAC results. That’s why it is so important to get a DUI attorney working for you right away, even if your BAC results were over the legal limit!
WARNING: Your previous DUI convictions DO MATTER. Hawaii DUI laws provide for a five-year "lookback" period, meaning that if there is a prior conviction for DUI that is more than five years before the present offense, the present offense will be treated like a first-offense DUI. If, however, there is a prior DUI conviction within that five-year period, the punishment for purposes of both court and the ADLRO driver’s license suspension dramatically increase. A fourth-offense DUI is a felony, and can mean a prison term of up to five years. It is possible to significantly reduce your penalties if you have a skilled DUI lawyer on your side. Don’t delay. It could make a huge difference in the outcome of your case.
Hawaii DUI convictions for first offenders include the following punishments:
A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;
Ninety-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the ninety-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in substance abuse treatment programs;
Any one or more of the following:
Seventy-two hours of community service work;
Not less than forty-eight hours and not more than five days of imprisonment; or
A fine of not less than $150 but not more than $1,000; and
A surcharge of $25 to be deposited into the neurotrauma special fund.
NOTE: These DUI sentences do not include legal enhancements, such as second-offense DUI or third-offense DUI, which involve much longer jail sentences and more severe punishments. This information also does not take into account various statutory enhancements, such as being DUI with children in the car, DUI with a blood alcohol level of .20 or higher, DUI while driving recklessly, and others.
If you, or someone you care about, have been arrested for Hawaii DUI, drunk driving, or other alcohol related charges, please don’t wait. Contact a qualified Hawaii DUI defense lawyer for a free consultation at once to protect your rights by calling 1.800.DUI.LAWS.
Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney
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