DUI Reference Guide

Hawaii DUI Laws

DUI charges in Hawaii are classified as operating a vehicle under the influence of an intoxicant (OVUII).  Those arrested for DUI will be defendants in a district course case.  They will also face an Administrative Driver’s License Suspension.  These two cases are separate from one another.  Anyone is found to be impaired to the point of not driving safely or not driving as they would if they were not under the influence of an intoxicant can be arrested for OVUII.  The same is true for those who are found to be driving with a BAC (blood alcohol concentration) of 0.08% or higher.   Their BAC does not necessarily need to reach the legal limit to be charged if it can be proven that they were operating the vehicle while under the influence of some form on intoxicating substances. 

Anyone who is staying in Hawaii, but a resident in another state, will find that a DUI conviction will result in the loss of their license in their own state as well.  The arrest for the OVUII will be reported to the driver’s state of residence.  They will also lose their driving privileges while living and staying in Hawaii.  Anyone who is arrested for a DUI should consult the help of an attorney.  Otherwise they can face an automatic loss of their license.

The prosecutor in an OVUII case will set out to prove that an individual was intoxicated while operating a vehicle.  Results from any blood alcohol concentration tests or field sobriety tests will be reviewed.  In addition, a police officer will provide testimony as to how the driver was driving and how they looked and acted when pulled over by the arresting officer.  They will work to establish that an individual was obviously intoxicated and impaired.

First time offenders convicted of an OVUII can have up to a 90-day suspension of their license.  Sometimes an individual will be allowed to drive with limited rights.  For instance, they may be permitted to drive back and forth from work.  They can also be sent to programs teacher drug and alcohol safety as well as treatment for any drug and alcohol problems.  Forty-eight hours to five days of jail time could be sentenced.  A person might also need to complete 72 hours of community service.  Fines of $150-$1000 can be incurred as well. 

Various factors will result in higher lengths of prison time, fines and other penalties.  For example, multiple offenses result in stricter punishments.  For an individual with three prior DUI convictions, they will face more prison time.  In fact, they can serve as much as five years in prison.  Four DUI convictions are considered a felony and placed on a person’s criminal record as such. 

Anyone who was driving while intoxicated in a dangerous manner can face more penalties.  The same is true for someone driving with a passenger who is a minor, especially young children.  Excessively high blood alcohol concentrations will also bring about harsher penalties.   This typically applies to BAC of .20% or more.  Once again a person should definitely obtain the help of an attorney if any of these factors are actually present. 

OVUII cases are complicated in nature.  The prosecution must prove that a person was driving and impaired while under the influence of some form of intoxicant.  They will need to provide testimony about the appearance and actions of the driver at the time of their traffic stop.  Were their eyes blood shot for example?  Did they sway while driving or walking?  An OVUII lawyer can attempt to poke a hole in the testimony of an arresting police officer.

Anyone who has been arrested for an OVUII should contact an attorney.  Many lawyers do provide free consultations.  The defendant can ask for details about the lawyers experience and history defending such cases.  Look for a lawyer who handles only or primarily cases involving OVUII arrests.  They can best assist the arrested individual with their defense.

Because of impending license suspensions, it is also a good idea to enlist the help of an attorney.  They can help people to keep their driving rights in tact or to reduce the amount of time that they will lose their license.  A lawyer can also assist an individual in retaining partial driving rights so that they can drive to work and/or to school.  There are circumstances in which a driver can have some driving rights after a certain amount of a driving suspension.