Hawaii DUI Law & Lawyers: DUI-Web

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Like most other states, an arrest for a DUI in Hawaii results in two separate cases. First you have the Hawaii DUI criminal case and secondly you have the Hawaii driver’s license case, wherein the Administrative Driver’s License Revocation Office seeks to take action against your driver’s license.

Hawaii’s DUI laws, also known as an OVUII (Operating a Vehicle Under the Influence of an Intoxicant) can be brought under two criminal theories. The first theory is that the person is impaired for the purposes of driving, which is usually established with testimony and other evidence about your ability to drive, including the arresting officer’s field sobriety test. The second theory is the “per se” law, in which you will have violated the Hawaii’s DUI law if you are found to have a blood alcohol content of .08% or higher.

It is fairly rare for the prosecution to attempt to bring a case against a driver on the first theory, without any chemical testing. An experienced defense attorney would be able to establish reasonable doubt in many of these cases. It is a much easier case to prove that the driver was driving with a BAC of .08% or higher, but that doesn’t mean if you had a BAC of .08% or higher your case is lost. There are many legal theories to disprove the prosecutions case and it is imperative to hire an experienced attorney to defend your rights immediately.

In Hawaii, the administrative action against your license to drive will commence automatically upon your arrest. The Administrative Review will take place no later than eight days after the date the notice was issued at your arrest. The decision will be mailed to your address and you will have no later than six days to request an administrative hearing to review the decision to suspend your license. If the request for a hearing is received within six days of the date the original decision is mailed, the hearing shall take place no later than 25 days from the date the notice of administrative revocation was issued.

The punishment for a first time DUI offender in Hawaii could include a fourteen-hour minimum substance abuse rehabilitation program, a 90 day driver’s license suspension, with the eligibility of a hardship license after the initial 30 days, community service, a possible jail sentence of 48 hours to five days and a fine of between $150 to $1,000 and a charge of $25 to be deposited into the neurotrauma special fund.

The punishments available will vary and are dependent upon aggravating factors such as whether the BAC was in excess of .20% and whether the driver was driving recklessly. In addition, sentences and punishments will greatly increase if the offense is your second or third. If the offense is not your first you will be subject to increased jail time and additional fines as well as a much long license suspension period.