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Hawaii DUI / DWI arrests trigger two
separate cases – in court, and at the Administrative
Driver’s License Revocation Office (ADLRO). Although
both cases carry the potential for heavy consequences,
the ADLRO case is far more time sensitive. If a motorist
accused of drunk driving doesn’t promptly request an
administrative hearing, the ADLRO will summarily suspend
the driver’s privileges.
Both
the criminal prosecution and the ADLRO case that stem
from a Hawaii drunk driving arrest require expert legal
help. Any driver arrested for DUI / DWI should contact a
Hawaii DUI defense attorney immediately. An attorney who
focuses on defending driving under the influence cases
can act quickly to protect the driver’s rights.
Hawaii DUI / DWI laws – also called
OVUII laws, for operating a vehicle under the influence
of an intoxicant – are getting stricter all the time.
Motorists accused of drunk driving in Hawaii face fines,
license suspensions, and jail time.
Even those drivers arrested while on
vacation or serving in the military in Hawaii face
threats to their driving privileges after a DUI / DWI
arrest. The Interstate Driver’s License Compact means
that a Hawaii drunk driving arrest will be reported to
the licensing state, and will result in a suspension or
revocation there.
Hawaii DUI / DWI laws allow for criminal
court prosecutions on one of two theories: Either that
the motorist was driving while impaired, or violated the
state’s “per se” laws by having a blood alcohol content
(BAC) of .08 percent or greater.
Hawaii DUI / DWI law prosecutions based
on impairment typically look to four areas to prove that
the driver was under the influence of alcohol. These
areas include driving patterns, the driver’s physical
appearance, field sobriety test results, and chemical
test results.
Prosecutions based on the per se law
focus solely on whether the driver had a blood or breath
alcohol content of .08 or greater, regardless of whether
the driver was actually impaired.
In Hawaii, there is a five-year
"lookback" period for drunk driving cases, meaning that
if there is a prior DUI / DWI 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 / DWI is a
felony, and can mean a prison term of up to five years.
Drivers convicted of a first-time DUI /
DWI offense in Hawaii face the following punishment: Two
to five days in jail, a $150 to $1,000 fine, 72 hours
community service, a 14-hour or longer substance abuse
rehabilitation program, including education and
counseling, and a 90-day license suspension. Some
drivers may be eligible for a restricted license after
30 days.
Because the consequences of a Hawaii DUI
/ DWI conviction are so severe, it’s imperative to have
a skilled defense lawyer fighting for the driver’s
rights. The top defense attorneys of 1.800.NOT.DRUNK and
www.NotDrunk.com
are available to provide a free consultation and can
outline how an aggressive defense strategy can minimize
or eliminate the repercussions of a Hawaii drunk driving
arrest.
DISCLAIMER: No
representation is made that the quality of legal
services to be performed is greater than the quality of
legal services performed by other lawyers.
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