Best Drunk Driving Lawyers in Hawaii

About Drunk Driving Law in Hawaii, United States

Drunk driving, often referred to as Operating a Vehicle Under the Influence of an Intoxicant (OVUII) in Hawaii, is a serious criminal offense. If a person operates a motor vehicle while impaired by alcohol or drugs, or with a blood alcohol content (BAC) of 0.08 percent or higher, they can be charged under Hawaii's drunk driving laws. The consequences of an OVUII conviction can include fines, license suspension, jail time, and long-term impacts on your employment and insurance. Hawaii's unique legal guidelines and administrative processes make it important to understand your rights and responsibilities if you are facing a drunk driving charge.

Why You May Need a Lawyer

There are several common reasons why you may need legal assistance if you are involved in a drunk driving case in Hawaii:

• If you have been arrested and charged with OVUII or DUI, a lawyer can help you challenge the charges or negotiate for reduced penalties.
• If you are facing administrative license suspension, legal counsel can assist in requesting and preparing for an administrative hearing to contest the suspension.
• If this is a repeat offense, penalties increase sharply; a lawyer can work to mitigate these consequences.
• If there are aggravating factors, such as an accident or minor in the car, the case becomes more complex and legal guidance is crucial.
• If you have questions about plea bargains, alternative sentencing such as treatment programs, or your eligibility for an ignition interlock device, a lawyer can explain your options.
• If you are concerned about the impact on your criminal record or future employment, legal advice is essential.

Local Laws Overview

Hawaii's OVUII laws are defined primarily under Hawaii Revised Statutes (HRS) Section 291E. Here are some key aspects:

• It is illegal to operate a vehicle with a BAC of 0.08 percent or higher. For commercial drivers, the limit is 0.04, and for drivers under 21, any measurable amount is illegal.
• The law covers alcohol and drugs (including prescription drugs), so "drunk driving" charges may arise from impairment due to legal or illegal substances.
• Hawaii has an Implied Consent Law. Refusing a breath, blood, or urine test may result in administrative license revocation, even if there is no criminal conviction.
• Penalties for a first offense typically include a 1-year license revocation, fines from $250 to $1,000, and possibly jail or community service. Penalties increase with repeat offenses and aggravating circumstances.
• An ignition interlock device is often required after an OVUII conviction to restore limited driving privileges.
• OVUII offenses are criminal and will appear on permanent criminal records, which can impact employment, housing, and travel.

Frequently Asked Questions

What does OVUII mean in Hawaii?

OVUII stands for Operating a Vehicle Under the Influence of an Intoxicant. It is Hawaii's legal term for drunk or impaired driving, covering both alcohol and drugs.

What are the legal alcohol limits for drivers in Hawaii?

The standard limit is 0.08 percent BAC for most drivers, 0.04 percent for commercial drivers, and any measurable amount (zero tolerance) for drivers under age 21.

What happens if I refuse a breathalyzer or blood test?

Refusing a test can lead to automatic administrative license revocation, even if you are never criminally convicted. The penalties for refusal may be similar or more severe than for a failed test.

What are the penalties for a first-offense OVUII in Hawaii?

Penalties typically include a 1-year license revocation, fines from $250 to $1,000, possible jail or community service, and the installation of an ignition interlock device to restore driving privileges.

How can a lawyer help with a drunk driving charge?

A lawyer can review evidence, identify any procedural or legal errors, represent you during court or administrative hearings, negotiate plea arrangements, and advocate for reduced penalties or alternative sentencing.

Will a drunk driving conviction stay on my record?

Yes, an OVUII conviction in Hawaii is a criminal offense and will appear on your criminal record, which may affect job and housing applications.

Is there any way to get my license back before my revocation period ends?

In many cases, you may petition for a restricted license that requires installing an ignition interlock device, allowing limited driving for work, school, or medical needs.

What if I was driving under the influence of drugs instead of alcohol?

Hawaii's OVUII laws cover impaired driving due to drugs, including prescription drugs and marijuana. The same penalties generally apply.

Do I need to appear in court for a drunk driving charge?

Yes, OVUII charges usually require at least one mandatory court appearance. Failing to appear can result in additional penalties or a warrant for your arrest.

Can out-of-state residents or tourists be charged under Hawaii’s drunk driving laws?

Yes, all drivers on Hawaii’s roads must comply with state DUI laws, regardless of residency. Out-of-state convictions will also be reported to your home state in most cases.

Additional Resources

Those seeking further information or assistance regarding drunk driving in Hawaii may find these resources useful:

• Hawaii Department of Transportation - Safe Communities Program
• Motor Vehicle Registration and Licensing Offices for information about administrative license revocation and ignition interlock programs
• Local county prosecutor’s offices for case-specific information
• Legal Aid Society of Hawaii for those who qualify for free or reduced-cost legal services
• Substance abuse counseling programs and assessment centers

Next Steps

If you are facing a drunk driving charge or investigation in Hawaii, consider the following steps:

• Do not make any statements to law enforcement before consulting with an attorney.
• Contact a qualified criminal defense lawyer with experience in Hawaii OVUII cases as soon as possible.
• Gather and retain all documentation connected to your arrest, chemical tests, and court or administrative notices.
• Attend all court and administrative hearings as required. Missing a required hearing can worsen your legal situation.
• Ask your attorney about possible defenses, alternatives to jail time, and how to address license suspension or employment issues.

Taking prompt and informed action can make a significant difference in the outcome of your case. Legal representation helps to ensure your rights are protected throughout the process.