Best DUI & DWI Lawyers in Hawaii

About DUI & DWI Law in Hawaii, United States

In Hawaii, driving under the influence (DUI) and driving while intoxicated (DWI) are serious criminal offenses that involve operating a vehicle while impaired by alcohol, drugs, or both. The state enforces strict laws to prevent accidents and injuries related to impaired driving. DUI and DWI charges can arise when a driver’s blood alcohol concentration (BAC) exceeds the legal limit or when they are deemed unable to operate a vehicle safely due to substance use. Penalties for DUI & DWI in Hawaii can include fines, jail time, license suspension, and installation of an ignition interlock device. Convictions can also impact employment, insurance rates, and personal reputation.

Why You May Need a Lawyer

Many people facing DUI or DWI charges in Hawaii encounter complex legal procedures and uncertain outcomes. Some common situations where legal assistance is essential include first-time offenses, repeat charges, cases involving injury or property damage, refusal to take chemical tests, underage drivers, or non-residents. An experienced DUI & DWI lawyer can explain your rights, represent you in court, negotiate with prosecutors, challenge evidence such as BAC test results or field sobriety tests, and work toward reducing charges or penalties. Without legal counsel, you may face harsher punishments and miss opportunities for alternative sentencing, diversion programs, or license restoration.

Local Laws Overview

Hawaii’s DUI & DWI laws are primarily found in Hawaii Revised Statutes Chapter 291E. Key aspects include a legal BAC limit of 0.08 percent for drivers aged 21 and over. For commercial drivers, the limit is 0.04 percent, and for those under 21, any measurable amount of alcohol is prohibited. Refusal to submit to a chemical test can result in automatic license revocation. Hawaii follows an implied consent rule, meaning if you drive on public roads, you have already agreed to submit to testing. Enhanced penalties apply for high BAC readings (0.15 percent or higher), having minors in the vehicle, or causing serious injury or death.

Frequently Asked Questions

What is the difference between DUI and DWI in Hawaii?

In Hawaii, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are generally used interchangeably to describe operating a vehicle while impaired by alcohol or drugs. The official legal terminology in Hawaii is commonly "Operating a Vehicle Under the Influence of an Intoxicant" (OVUII).

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

A first-time DUI offense in Hawaii can result in fines between 250 dollars and 1,000 dollars, up to five days in jail, community service, license revocation for one year, and a requirement to install an ignition interlock device.

Can I refuse a breathalyzer or chemical test?

You have the right to refuse a breathalyzer or chemical test, but this comes with automatic penalties including immediate license revocation, even if you are not convicted of DUI or DWI in court.

What happens if I am convicted of DUI with a minor in the car?

If you are convicted of DUI while a minor under 15 years old is in the vehicle, you face enhanced penalties such as higher fines, longer jail sentences, and extended license suspension periods.

Will a DUI conviction go on my criminal record?

Yes, a DUI conviction in Hawaii is a criminal offense that will appear on your criminal record, potentially affecting employment, travel, and other aspects of life.

How long will my license be suspended?

License suspension periods vary. For a first offense, it is typically one year. Repeat offenses can result in longer suspensions, up to five years or even a permanent revocation in some circumstances.

Is it possible to get a restricted or hardship license?

After a DUI conviction in Hawaii, some drivers may be eligible for a restricted license that allows travel to and from work, school, or medical appointments, provided they install an ignition interlock device.

What is an ignition interlock device, and when is it required?

An ignition interlock device is a breathalyzer installed in your vehicle. You must blow into it to start the car, and if alcohol is detected, the vehicle will not start. Hawaii requires this device for all convicted DUI offenders seeking to regain driving privileges.

Can a DUI be expunged from my record in Hawaii?

In general, DUI convictions cannot be expunged or sealed from your record in Hawaii. However, if your case is dismissed or you are found not guilty, it may be possible to expunge the related arrest.

What should I do immediately after a DUI arrest?

After a DUI arrest, remain polite and cooperative, avoid self-incrimination, request an attorney, and take note of the circumstances. Seek legal counsel as soon as possible to protect your rights and explore defense options.

Additional Resources

For further help or information regarding DUI & DWI in Hawaii, the following resources may be useful:

• Hawaii State Judiciary - Includes information on court procedures and traffic violations.
• Hawaii Department of Transportation - Offers details on administrative license revocation processes and ignition interlock requirements.
• Hawaii Public Defender's Office - Provides legal assistance for those who cannot afford private counsel.
• Alcohol and Drug Abuse Division (Hawaii Department of Health) - Offers education, substance abuse treatment, and counseling services.
• Local legal aid organizations - May provide guidance or referrals for low-income individuals facing DUI charges.

Next Steps

If you have been arrested for or charged with DUI or DWI in Hawaii, act promptly to protect your legal rights. Consider the following steps:

• Document the details of your arrest and any interactions with law enforcement.
• Do not discuss your case with anyone except your lawyer.
• Contact an experienced DUI & DWI attorney as soon as possible for a case evaluation.
• Follow all court orders and administrative requirements, such as license surrender or installation of an ignition interlock device.
• Prepare for your court appearance by gathering any relevant documents and evidence you may have.

Remember, a qualified lawyer can guide you through the legal process, explain your options, and work toward the best possible outcome. Early action increases your chances of successfully navigating DUI & DWI proceedings in Hawaii.