Honolulu DUI Defense Attorney
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What is Operating a Vehicle Under the Influence of an Intoxicant?
This is Hawaii’s DUI law. You can be convicted of OVUII if you operate or have physical control of a vehicle and any of the following is true:
- You have an alcohol concentration of 0.08 on either a breath or blood test; or
- Your mental faculties are impaired by any amount of alcohol; or
- Your ability to operate a vehicle carefully is impaired by any amount of drugs.
As you can see, you don’t have to blow a certain number to be convicted of drunk driving in Hawaii. It will be enough if any amount of drugs or alcohol impairs your ability to drive safely.
Can I refuse to take a breathalyzer?
Yes. However, Hawaii (like virtually every other state) has an implied consent law. Essentially, this means you consent to take a breathalyzer when you accept a driver’s license. If you refuse to take the test, your license gets suspended for at least a year. That’s even if you aren’t convicted of DUI/OVUII.
Will I go to jail for a first-time DUI offense?
It’s possible, though not certain. If this is your first DUI offense, or the first in a five-year period, a judge can sentence you to 72 hours of community service, a fine between $150-1,000, or between 2 and 5 days in jail. Judges have discretion, so you might only receive the fine or community service or both and avoid any time in jail.
Will I lose my license for a DUI/OVUII conviction?
Yes. Your license will be revoked for one year if you are convicted of OVUII. However, you might qualify for a restricted license with the installation of an ignition interlock device.
What if this is my second OVUII/DUI conviction?
If this is your second conviction, then you are facing even more serious penalties. For example, a judge can sentence you to 240 hours of community service and a fine between $500 and $1500. You can also end up in jail for a minimum of 5 days and a maximum of 30 days. Again, the judge has discretion to send you to jail. But your odds of spending some time behind bars definitely go up.
What is felony DUI?
If you have two prior DUI convictions within the past 10 years, you can be charged with felony DUI/OVUII. The penalties are very serious and include up to 5 years in prison or 5 years of probation, as well as other stiff penalties.
Can you appeal a DUI conviction?
Possibly. You can bring an appeal when a judge makes some meaningful mistake in interpreting the law or if the verdict is completely unsupported by the facts. DUI appeals are not easy to bring, and you should have an experienced attorney analyze whether you have a solid case.
Can you be convicted of DUI if you are under 21?
Yes. It’s illegal to purchase alcohol if you are under age 21, so Hawaii doesn’t cut motorists any slack if you are caught with alcohol in your system. You can face a conviction if you have any measurable alcohol in your blood or breath.
The penalties for a first violation include:
- Maximum 36 hours of community service
- License suspension for 108 days
- A fine between $150 and $500
- Mandatory attendance in an alcohol abuse and education program
Someone just starting out in life can also see collateral consequences. You’ll need to disclose criminal convictions when you apply for jobs or an apartment. It makes sense to consider fighting the charges, so contact a Honolulu DUI Attorney to review.
Is it illegal to operate a boat while intoxicated?
Yes. Boating under the influence is illegal. You can be convicted if you have control of a vessel and:
- Have an alcohol concentration of 0.08 or higher; or
- Have consumed enough alcohol so your mental faculties and ability to act carefully are impaired; or
- Have ingested enough drugs that your ability to operate a vessel carefully is impaired.
As with OVUII/DUI, you don’t have to blow any particular number.
Can you expunge a DUI/OVUII conviction?
Not typically. Expungement is available if you were arrested but not convicted. You can request expungement and then have your arrest records sealed. This means that the record is only available to certain government agencies—not the public.
If your arrest resulted in a conviction, then you can’t request expungement unless you were under 21 at the time of your arrest.
Call Us with Questions
Holcomb Law represents men, women, and minors arrested for DUI/OVUII. For help with your case, contact us today.
Rick Holcomb's knowledge on DUI helped me to maintain my confidence in him throughout my case. Rick committed to me like I was his only client and made his best efforts to make my case go as smoothly as possible. Rick never made me any promises on the outcome of my case and was very honest and upfront with me on all parameters...
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