Hawaii Drunk Driving Defense Attorneys
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- DeCosta, Craig:
Other criminal matters
- Tansley, Dominique:
Driving Under the Influence
- Cunney, Paul:
Some questions you may need answered are:
1) If the arresting officer took my license, what can I do to get it back?
2) Am I still able to contest the stop and arrest by police?
3) What will happen to me for driving without a license or auto insurance
if I lose and don't fight my case? Will I go to jail if I get caught driving?
4) What is ignition interlock and how does it work?
5) What can I do to avoid installing ignition interlock in my car?
*Effective January 01, 2011 the DUI Law has undergone a significant change with installation of the interlock device*
PLEASE NOTE: The law imposes certain deadlines that you must meet in order to protect your rights. For example, If your license was taken at the time of your arrest, and the ADLRO notifies you that your license is revoked, you must act to protect your license within the mandatory statutory period of (60 Days). or YOU WILL LOSE YOUR LICENSE WITHOUT A HEARING.
- Cedillos, Steve:
DUI Charges and Penalties in Hawaii
If a driver is 21 or older, they can be charged with a DUI if their blood alcohol content (BAC) level is found to be 0.08% or higher. For commercial truck drivers, an arrest can be made if his or her BAC level is 0.04% or higher. Underage drivers will face a DUI if their BAC level is 0.02% or above.
A police officer will usually ask a suspect to take a breathalyzer or blood test to chemically analyze their BAC. If the individual refuses, he or she will be subject to an automatic license suspension according to the implied consent law. By refusing to submit to a chemical test, your license will be revoked for two years for a first offense. The officer can still make an arrest if you fail a field sobriety test.
In Honolulu, a plea bargain is not generally offered for a charge of driving while intoxicated. For a first-offense DUI, there is no required jail time, but if there are additional aggravating factors; however, jail can be imposed. Offenders will be required to pay a fine from $150 - $1,000 and have their license suspended for 90 days. The courts may also assign them up to 72 hours of community service and require them to enroll in an alcohol abuse program.
For a second offense, a conviction might bring a fine of up to $1,500 and 14 days in jail, as well as license suspension for a year. In some cases, 240 hours of community service might be exchanged for jail time. A third offense may incur penalties of a month in jail and a fine of up to $2,500. Depending on the severity of the situation, a judge could revoke an offender's license for up to 5 years.
- Von Sonn, Andrew: R.I.P.
- Lucero, Kathleen:
DUI / DWI
- Kouliev, Damir:
The police, courts and legislature have all been cracking down on any possible instance of driving under the influence of alcohol or drugs, both for driving over the legal limit or underage. A first conviction on your record for impaired driving is not subject to a deferral, and is punishable by a license suspension, fine, possible jail, and more. Subsequent convictions carry stiffer penalties. To further complicate matters, a DUI arrest involves not only courts system, but also the Administrative Driver’s License Revocation Office (ADLRO). While you may be eligible for a Public Defender, this would require several court appearances for any informed discussion, let alone resolution. Furthermore, a PD would only handle the criminal, and not the crucial and time-sensitive ADLRO aspect of your case.
- Rankin, Anthony:
Driving under the influence (DUI) or driving while intoxicated (DWI)
Traffic violations, such as speeding
- King, Samuel:
People normally refer to cases where they are arrested by a police officer for drinking and driving as "DUI cases" - "Driving Under the Influence" cases. In Hawaii, DUI cases are controlled by Chapter 291E, Hawaii Revised Statutes. Chapter 291E is basically broken down into four parts. Part I contains definitions and other miscellaneous provisions. Part II, entitled "Testing and Implied Consent," basically provides that, as a driver, you have "impliedly" consented to submit to blood or breath testing for alcohol if you are stopped by a police officer who has reasonable suspicion to believe that you are driving while intoxicated. Part III entitled "Administrative Revocation Process" creates the Administrative Driver's License Revocation Office (affectionately known as "ADLRO" (pronounced "add-le-row"). The purpose of ADLRO is to revoke your driver's license for driving under the influence - this is a CIVIL proceeding (not criminal). Part IV, entitled "Prohibited Conduct," contains all the CRIMINAL penalties for DUI.
- O'Grady, Kevin:
You or someone you care about has just been arrested for driving under the influence of alcohol (in Hawaii OVUII/ Operating a vehicle under the influence of an intoxicant). Will I go to jail? Will I lose my driver's license? What's going to happen to my car? The police are not your friends and will not provide you with answers to these and other questions.
- Holcomb Law:
Drunk driving laws are complex. The fees and penalties are severe. Be certain you select the right Honolulu DUI defense lawyer.
- Schum, John:
A first time DUI in Hawaii may appear to almost be harmless because of the relatively lenient sentence but it is not. A DUI is considered to be a phased offense and future stops will be punished much more severely and can included a life-time loss of your drivers license (even if you are not convicted) and mandatory jail time.
In Hawaii, there are two separate systems that handle a suspected DUI.
There is an administrative hearing through the Administrative Drivers License Revocation Office (ADLRO) to determine whether your license should be suspended or revoked
And a criminal hearing through the Court system to determine if you violated the law and need to be punished.
It is important to remember that these two entities are completely separate, they operate in a different manner and you can have inconsistent results between the two.
Protect Your Driver's License
If the police stopped you for a suspected DUI, they probably took your driver's license and gave you various documents. You should have received a package of information about the ADLRO process, a temporary license and a post card notifying you of your right to explain why the ADLRO should not uphold the suspension of your driving privileges. You should have also received a ticket or bail receipt that shows when and where your arraignment is scheduled to take place.
Get Legal Assistance for your DUI
It is in your best interest to have legal assistance explaining your rights and fighting to keep you from losing your license.
- Ireijo, James: Personal Injury Medical Malpractice Worker's Compensation Insurance Criminal Defense
- Thomas, Christopher: Criminal Defense
- Edins, Todd: Criminal charges can ruin reputations and result in the loss of freedom, employment, and civil liberties.
- Virtue, Cary: • Assault • Homicide • Drug Felonies • Immigration • Theft • Fraud • TROs • Gun Possession • Identity Theft • Sex Offenses • Domestic Violence • Juvenile Offenses • Traffic Violations • Firearms • Marijuana
- Holcomb, Richard: Honolulu DUI / OVUII Defense Lawyer Must You Take a Chemical Test? (Implied Consent) Hawaii has an “implied consent” law codified at Hawaii Revised Statutes, Section 291E-11. Basically, this means that the legislature passed a law stating that if you drive in Hawaii, you have impliedly consented to having your breath, blood, and urine tested for the presence of intoxicating substances. If you first take a breath test, you may also be subjected to a blood and/or urine test if it is believed that you are under the influence of controlled substances that can be detected through blood and urine testing. You may also be subjected to only a blood or urine test if it is believed that you are under the influence of controlled substances that can be detected through blood and urine testing. To add insult to injury, you may be ordered to reimburse the county for the costs of the test(s) if you are convicted. If you refuse, the police officer must then inform you of the sanctions you will face and ask you if you still refuse. The sanctions are revocation of your driver’s license. The license will be revoked for a statutorily defined period of time depending on whether you have had prior convictions and/or whether you are underage. DUI / OVUII in Honolulu, HI If you refused the chemical tests, it is by no means hopeless. You still may not lose your license. Only if you are lawfully arrested will you lose your driver’s license. (See the “When can an officer pull me over?” section of this website for further information). Thus, if a judge determines that the officer did not have probable cause to arrest you, you may keep your driver’s license. Also, if the officer does not inform you of those sanctions (discussed above) and provide another opportunity for you to consent, you should not lose your driver’s license.
- Ison & Rome: Assault > Criminal Law > Domestic Abuse > Drug Offenses > Drunk Driving (DUI/OUI) > Sex Offenses > Theft > Tro > Traffic Offenses > Property Crimes > Juvenile Offenses > Other Legal Matt
- Isaacson, Lars: serious crimes in federal court, including white-collar crime, drug offenses, firearm charges, bank robbery, conspiracy and possession of child pornography
- Sereno, David: criminal defense
- Toma, Joseph: every type of misdemeanor, gross misdemeanor and felony in Hawaii, from DUI/DWI, assault, prostitution, domestic assault, disorderly conduct and burglary to drug charges, arson, theft, criminal sexual conduct, manslaughter, fraud, and murder
- Crudele & DeLima: Maritime Criminal Law Maritime Personal Injury Age Discrimination
- Winborne, Vaughn: from business contracts to family disputes to criminal trials
- Heckler, Andrea: * Domestic violence — Temporary restraining order defense, abuse of a household member * Traffic violations — Excessive speeding, driving on a suspended or revoked license, reckless driving, hit and run * DUI — First offenses, multiple DUIs, refusing the Breathalyzer test, driving under the influence of drugs * Juvenile defense — School crimes, expulsion, vandalism, graffiti, underage drinking, drug charges, assault, shoplifting * Military criminal defense — I can work with your command to protect your military career
- Chang, Howard: * Commercial Litigation and Business Matters * Criminal Defense * Criminal Taxation * Federal and State Tax Controversies and Audits * White Collar Crime
- Sierra, Marcus: A DUI arrest in Hawaii can result in some very serious charges. Drunk driving, DUI of drugs or OVUII (operating a vehicle under the influence of an intoxicant) charges can land you in the criminal justice system-a place you may have never thought you would find yourself. Just the first offense can result in the maximum penalties of significant jail time, 6 months suspended license as well as fines. Any subsequent DUI conviction results in automatic jail time and higher fines. Without strong defense representation, you stand to lose your license for up to a year. Your insurance premiums will likely go sky high and being unable to drive can drastically affect your professional and personal life. Additionally, if the DUI charge includes the bodily harm or death of another, you will be facing felony offenses.
- Worsham, Mark: Although we focus our practice primarily on major felonies, drug crimes, and domestic abuse, we also handle misdemeanors and every other type of felony charge, from theft to murder.
- Peterson, Lars: Traffic-related offenses: * DUI (both civil/administrative & criminal) -Driving while License suspended or revoked * Excessive Speeding, Racing, Reckless Driving -Driving without a valid Driver’s License * Fleeing the Scene of an Accident -Driving without Valid Insurance Criminal Offenses: * Assault & Harassment -Domestic Violence Disputes * Terroristic Threatening -Liquor/Drinking in Public, Disorderly Conduct * Trespass -Theft * Drug-related offenses - Street Solicitation & Prostitution offenses * Licensing violations -Taxicab-driver related offenses
- Sims, Cynthia: If you have been arrested for Drunk Driving in the State of Hawaii, you can expect to be involved in two proceedings. The first criminal proceeding begins when you are arrested and can affect the overall outcome of your DUI case. The second is a civil proceeding which will be conducted with the Motor Vehicle Division (MVD) and determines whether or not your license will be suspended. Both proceedings are important to the outcome of your case, but do not necessarily affect one another. It is important that you have a Hawaii OUI Lawyer by your side throughout the proceedings to protect your rights. In the state of Hawaii, a DUI/OUI conviction can result in harsh penalties such as jail time, large fines, and probation. Depending upon the nature and extent of your OUI charge, you could lose your driver’s license for months, years, and in some cases forever. You will, if convicted, pay substantially more for your vehicle insurance for many years, may not be able to drive commercially, potentially for life. In addition, you will have a record -- future employers will search and access; this could limit your future employment opportunities. You don’t have to face your OUI/DUI charges alone, and by hiring a qualified and experienced Hawaii OUI attorney you will have the legal support you need.
- Yoshida, Laura: COURT PENALTIES The following penalties apply in criminal court proceedings if you are found guilty of Driving Under the Influence of an Intoxicant: FIRST OFFENSE: No prior conviction within the past 5 years of DUI (H.R.S. §§291-4, 291-4.4 or 291E) * 14 hour minimum alcohol abuse education and counseling program * 90 absolute license suspension; or a 90 suspension period of which 30 days must be absolute and the remaining 60 days a restricted license for limited work related purposes and to participate in substance abuse treatment programs * Any one or more of the following: o 72 hours of community service o 48 hours to 5 days of imprisonment o $150 to $1,000 fine * Alcohol Assessment and possible treatment * $25 neurotrauma surcharge * May be charged a surcharge of up to $25 to be deposited into the trauma system special fund. SECOND OFFENSE: An offense that occurs within five years of a prior conviction of DUI (H.R.S. §§291-4, 291-4.4 or 291E) * 1 year absolute license suspension * Either one of the following: o not less than 240 hours of community service o 5 to 14 days of imprisonment (with at least 48 hours of imprisonment served consecutively) * $500-$1,500 fine * Alcohol Assessment and possible treatment * $25 neurotrauma surcharge * May be charged a surcharge of up to $50 to be deposited into the trauma system special fund THIRD OFFENSE: An offense that occurs within five years of two prior convictions of DUI (H.R.S. §§291-4, 291-4.4 or 291E) * License Revocation of 1 to 5 years * 10-30 days of imprisonment (with at least 48 hours of imprisonment served consecutively) * $500-$2,500 fine * Alcohol Assessment and possible treatment * $25 surcharge to be deposited into the neurotrauma special fund * May be charged a surcharge of up to $50 to be deposited into the trauma system special fund * Forfeiture under chapter 712A of the vehicle owned and operated by the person committing the offense; provided that the Department of Transportation shall provide storage for vehicles forfeited under this section PERSONS 18 YEARS OR OLDER CONVICTED WITH PASSENGERS UNDER 15 YEARS OF AGE: Any person over the age of 18 who operated a vehicle with a passenger, in or on the vehicle, who is under the age of 15 shall be sentenced to an additional: * $500 fine * 48 hours of imprisonment (provided that the total term of imprisonment for a person convicted shall not exceed the maximum terms of imprisonment.) HIGHLY INTOXICATED DRIVER: a driver who has a bac. Above 0.15 * 6 month prompt license suspension (no work permit or restricted license) * The remaining penalties under the 1,2 or 3 offenses. FOURTH OFFENSE: an offense that occurs within 10 years of three prior convictions of DUI (H.R.S. §§ 291-4, 291-4.4, 291E). This offense is charged under H.R.S. §291E-61.5 Habitually Operating a Vehicle Under the Influence of an Intoxicant. This is a Class C Felony. The sentence can be either: * A term of imprisonment of 5 years; or * A term of probation of five years with the following conditions: o Mandatory license revocation of 1-5 years (note: license can be revoked for life on the civil side) o Minimum of 10 days of imprisonment with at least 48 hours served consecutively o Referral to a certified substance abuse counselor o $25 surcharge to the neurotrauma fund o May be charged a surcharge of $50 to be deposited into the trauma system special fund o Any vehicle owned and operated by the person committing the offense shall be subject to forfeiture provided that the Department of Transportation shall provide storage for the vehicle. ADLRO-ADMINISTRATIVE PENALTIES The ADLRO (Administrative Driver’s License Revocation Office) administers administrative or civil penalties which affect your drivers license only. The ADLRO considers how many “alcohol contacts” you have had, which means they include any criminal or civil conviction. So, even if you have won a criminal DUI in the last five years, but lost at the ADLRO level, the ADLRO will consider that a conviction and use that against you to enhance the current license revocation. Also, it is important to note that an ALDRO license revocation means that you lose your license for the revocation period and that you will have to re-take the written and driving test in order to be re-licensed at the conclusion of the revocation period. 1st ALCOHOL CONTACT IN 5 YEARS: * Your license can be revoked between 90 days to 1 year. * There is an absolute license revocation of 30 days and after the 30 days, they can issue you a conditional permit to drive to and from work (and in some instances during work) and for alcohol classes. * In order to get a work permit to drive, you must show that you have no alternative transportation other than to drive. If you had refused to take any alcohol tests and the hearing officer determines that the police officer had a reasonable suspicion that you were DUI, explained the options to you regarding the different alcohol tests, your license must be revoked for a period of 1 year. If you had a BAC of 0.15 or more, there is a minimum of a 6 month suspension of your driver’s license, license plates, and registration. 2nd ALCOHOL CONTACT IN 5 YEARS: Your license must be revoked for a period of 1 to 2 years. If you had refused to take any alcohol tests and the hearing officer determines that the police officer had a reasonable suspicion that you were DUI, explained the options to you regarding the different alcohol tests, your license must be revoked for a period of 2 years. 3rd ALCOHOL CONTACT IN 7 YEARS: Your license must be revoked for a period of 2 to 4 years. If you had refused to take any alcohol tests and the hearing officer determines that the police officer had a reasonable suspicion that you were DUI, explained the options to you regarding the different alcohol tests, your license must be revoked for a period of 4 years. 4th ALCOHOL CONTACT IN 10 YEARS: Your license must be revoked for the rest of your life.
- Yoshida, Glenn: Family Law And Criminal Defense
- Brower, Scot: A DUI arrest and conviction can severely affect your personal and professional life. You could lose your driver's license, perhaps your job, and your vehicle insurance rates would almost certainly rise appreciably. That process works as follows. Following your DUI arrest, you will receive a temporary 30-day license and an administrative hearing before the Department of Motor Vehicles (DMV) separate from any court proceeding that will be set. We will assist you with that important step. If you do not prevail at the DMV administrative hearing, you will have your license suspended for 30 days unless you can show that you need it to get to work. That could result in you receiving a conditional driver's license for 60 days while your case is working its way through the court system.
- Bilecki & Tipon: If you are facing criminal charges, regardless of the severity of the crime, it is vital that you seek the assistance of a qualified Hawaii criminal attorney who can and will give you the particular attention that your case deserves. If you have been arrested or charged with a crime, contact an attorney before speaking with the prosecutor or any law enforcement officials. You have the right to remain silent and the right to an attorney, but you must assert these rights in order to protect them.
- Shigetomi, Keith: Major Felonies * Drug Trafficking * Drug Possession * Murder – Assault * Sex Offenses * Theft / Forgery / Robbery * White Collar Crimes * Internet Crimes State & Federal Offenses Traffic Offenses * Drunk Driving * Driving Without License * Driving Without Insurance * Hit & RunLicense Revocation Misdemeanors * Domestic Abuse / TRO
- Shum, John: A first time DUI in Hawaii may appear to almost be harmless because of the relatively lenient sentence but it is not. A DUI is considered to be a phased offense and future stops will be punished much more severely and can included a life-time loss of your drivers license (even if you are not convicted) and mandatory jail time. In Hawaii, there are two separate systems that handle a suspected DUI. 1. There is an administrative hearing through the Administrative Driver’s License Revocation Office (ADLRO) to determine whether your license should be suspended or revoked 2. And a criminal hearing through the Court system to determine if you violated the law and need to be punished. It is important to remember that these two entities are completely separate, they operate in a different manner and you can have inconsistent results between the two. Protect Your Driver's License If the police stopped you for a suspected DUI, they probably took your driver's license and gave you various documents. You should have received a package of information about the ADLRO process, a temporary license and a post card notifying you of your right to explain why the ADLRO should not uphold the suspension of your driving privileges. You should have also received a ticket or bail receipt that shows when and where your arraignment is scheduled to take place. Get Legal Assistance for your DUI It is in your best interest to have legal assistance explaining your rights and fighting to keep you from losing your license. I can guide you through this process and help ensure that you get the best possible outcome. Once you receive the Notice of Administrative Review Decision informing you that the revocation has been sustained you have a limited amount of time to request a hearing. At the hearing, you can challenge all aspects of the alleged DUI and if successful, your license will be returned to you. You can also use the hearing to obtain a conditional licensing permit which allows you to drive to and from work for 60 days out of the standard 90 day suspension period. If you don't ask for a hearing, you won't get one and your license will be suspended— even if you have a good defense or mistakes were made by the police officers. Approximately 30 days after your stop, you will have an arraignment in District Court for the criminal charge of operating a vehicle under the influence of an intoxicant (DUI). This will happen even if the administrative revocation is overturned in your case. For you to be convicted of a DUI, the officers must have had a valid reason to stop you. The officers must have received proper training and performed the field sobriety test properly. Additionally, the machine used to determine you blood alcohol content must be properly maintained, the police must have proof that it has been tested within the required period of time and the results must be accurate. Unless you have an attorney that knows how the procedures are suppose to be done, you cannot be sure if the State can convict you of this crime. Give yourself the peace of mind you deserve and call for a free initial consultation for me to review your case. Over .15% If you were told that because your BAC was over .15% you are considered a highly intoxicated driver, the penalties are much greater. The suspension period is for six months, you are not eligible for a conditional licensing permit and must pay a minimum fine of $500. There are ways to have the length of the suspension shortened but you have to know what to look and ask for to be successful. If you refused to allow some sort of testing to determine your blood alcohol content, you automatically lose your license for at least a year. There are also ways to have the length of the suspension shortened in these circumstances but it is much more difficult. I can help you have a chance to get your license sooner. If you have had one or more alcohol related incidents within the last five years the penalties are even higher. If you are considered an habitual offender, you may lose your license and be subjected to a jail term of up to five years. This increasing level of punishment begins with the first offense. That is why it is crucial not to roll over the first time. If you find yourself facing a second DUI, you cannot risk the possible punishment and need a lawyer to make sure that everything was done properly.
- Cedillos, Steve: Hawaii DUI law is changing every year. The legislature is continually moving to make DUI penalties stiffer and law enforcement’s burden of proof lighter. These are further examples of the changes in the DUI and Drug laws in favor of convictions rather than justice. An experienced DUI attorney can help.
- Leilani Lujan: If an accused has been arrested or is awaiting a trial on criminal charges he may wish to hire a defense attorney. There are numerous defense attorneys that an accused may have to chose from. There are various places to find a defense attorney. Some of the places that an accused may find a defense attorney include: • The court. The court may have a list of potential defense attorneys. • Recommendation from family and friends. • The local phone book. • Contact the State Bar Association. • Consult the Martindale-Hubbell publication for your state. This publication lists various attorneys in your state and area in which you reside. If the accused is indigent, he may request the appointment of a public defender to represent him. What to Ask the Defense Attorney Once the accused has found the name of an attorney, he should meet with the attorney. There are numerous questions that the accused should ask the attorney. Examples of some questions include: • What type of law does the attorney primarily practice? • How long has the attorney been in practice? • How much criminal experience does the attorney possess? • How much does the attorney charge? • How long does the attorney anticipate that the proceedings will take? • What are the potential consequences involved with the offense charged? Once the Attorney is Retained Once the accused has retained an attorney to represent him in his criminal proceedings, the attorney will file an appearance with the court. From that point on, any communications should be through the accused's attorney. The prosecution should not directly contact the accused for questioning or to present a plea bargain. Any communications between the attorney and the accused are considered confidential and cannot be used against the accused.
- Rustam Barbee: Penalties for DUI and DWI can be harsh. It is important to hire a lawyer who knows Hawaii drunk driving law. Rustam Barbee knows the law, and can zealously represent you in administrative license revocation hearings and fight criminal fines and suspensions.
- Harrison & Matsuoka: Every lawyer involved in the criminal justice system must adhere to a complex set of rules of procedure to ensure a fair trial. The rules apply to both prosecutors and defense attorneys. This complicated procedure means that the criminal justice system is best dealt with by an experienced criminal defense attorney. A defense attorney should get involved in a case at the earliest stages, even before interrogation, if possible. The arresting officers have the obligation to inform the person in custody that he or she has the right to an attorney, and the right to have an attorney appointed if he or she does not have the resources to pay for an attorney. Most of us are familiar with these warnings--called "Miranda" warnings, after the name of the U.S. Supreme Court case that first required the warnings--from crime dramas and television shows.
- Brook Hart: You should consult an attorney for individual advice regarding your own situation.
- David Sereno: In Hawaii, a DUI may occur in several different ways and may be prosecuted as a misdemeanor or a felony. Under Hawaii law jail time is always a possibility. It is critically important to hire an attorney who has the experience to get a good result.
- Paul Cunney: The Fourth Amendment expressly protects "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Usually, the prohibition against unreasonable searches and seizures requires police officers to obtain a warrant before performing a search or arresting someone. Although there are several exceptions to the warrant requirement, police officers cannot normally search someone's home without a warrant. In fact, as people have a heightened expectation of privacy in the home, the U.S. Supreme Court has historically afforded the highest level of protection to the right of privacy in the home.
- John Burge: Driving Under the Influence of Alcohol, or drugs, is a very common crime. It usually is heavily enforced, due to close scrutiny by groups such as Mothers Against Drunk Driving. This crime also effects the most average, everyday citizens. Since the required blood alcohol content (BAC) is so low (.08) in Hawaii, it is easy to get arrested if you have as little as two beers, and drive.
- Timothy I. Mac Master: In our country, all persons charged with committing a crime are innocent until proven guilty. You are legally innocent unless you are proven guilty. Even if you were DUI, a knowledgeable and skilled attorney may be able to help you to "stay innocent" by avoiding a conviction. If you are convicted for a first offense DUI, or an offense that is treated like a first offense because it is not "preceded within a five-year period by a conviction for an offense under [section 291E-61] or section 291E-4", then you "shall be sentenced as follows without possibility of probation or suspension of sentence: (A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court; (B) Ninety-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the ninety-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in substance abuse treatment programs; (C) Any one or more of the following: (i) Seventy-two hours of community service work; (ii) Not less than forty-eight hours and not more than five days of imprisonment; or (iii) A fine of not less than $150 but not more than $1,000; and (D) A surcharge of $25 to be deposited into the neurotrauma special fund; If the judge wants to throw the book at you, it is possible to get "... seventy-two hours of community service work" plus "five days of imprisonment" plus a $1,000.00 fine. However, it is quite rare for anyone who has not requested credit for time served in jail to be sentenced to jail on a first offense DUI. Some judges impose higher than minimum fines for cases with what they consider to be egregious factors (e.g. high alcohol concentration test results, motor vehicle accidents, uncooperative conduct during the arrest, etc.). Community service is generally not ordered, unless requested by a defendant whose financial circumstances make it impossible, or a hardship, to pay a fine. A suspension of your driving privileges for a criminal conviction for DUI, means that you must surrender to the court, and thus cannot use, your driver's license for the period of the suspension. However, at the end of the period of suspension, the driver's license that you surrendered, can be returned to you, and you can resume using it for the remainder of the period that it was originally issued for. An administrative revocation by the ADLRO means that you will never be able to use that driver's license again. At the end of the period of revocation, you will have to apply for a new license (as if you were applying for a license for the first time). HRS § 291E-61(c) also states: No license and privilege suspension or revocation shall be imposed pursuant to this section if the person's license and privilege to operate a vehicle has previously been administratively revoked pursuant to part III for the same act; provided that, if the administrative suspension or revocation is subsequently reversed, the person's license and privilege to operate a vehicle shall be suspended or revoked as provided in this section. It is both statutorily prohibited, and a logical impossibility, to suspend driving privileges that have all ready been administratively revoked by the ADLRO. However, it is still quite common for judges to order that your license "... shall be suspended for 90 days, to run concurrently with any period of administrative revocation." A license suspension for a first offense always involves 30 days of absolute suspension. During the 30 day period there is no driving, anywhere, for any reason. However, when a conditional driving permit is properly granted, for 60 of the 90 days, you will be permitted to drive: (1) to and from work; or (2) to and from work and for work related purposes. The conditional permit can also enable you to drive to and from any driver's education classes that are ordered by the court, and to and from any court-ordered alcohol abuse treatment or counseling. However, it does no good to receive a conditional permit as part of a criminal sentence, unless you either beat you ADLRO case, or are awarded similar conditional driving privileges by the ADLRO. In addition to these penalties, the HRS § 291E-61(d) also requires that: (d) Whenever a court sentences a person pursuant to subsection (b), it also shall require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the offender's substance abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence. All costs for assessment and treatment shall be borne by the offender. To get the "alcohol assessment" required by HRS § 291E-61(d), you will be required to make an appointment for an intake interview with the County Division Of Driver's Education for the county that you live in. At an intake interview after a DUI criminal conviction, the County Division Of Driver's Education counselor who conducts the intake interview will refer you to a "certified substance abuse counselor" for an assessment of your "substance abuse or dependence and the need for appropriate treatment", if any. If the substance abuse counselor makes a determination that you have a problem with alcohol abuse or dependence, you can be ordered as part of your sentence for the criminal case get "appropriate treatment." If you do not want to be ordered to attend meetings of alcoholics anonymous, to get outpatient counseling, receive inpatient treatment, etc., you had better ensure that the substance abuse counselor has all of the information that is needed to avoid making such a recommendation (e.g. you accept responsibility for the error of your ways, you have stopped drinking, you are remorseful for all the trouble you have caused for others, and it will never happen again). In addition to the potential fine described above, you will also be required to pay a total of at least $157.00 in Court in fees and administrative costs. You will be ordered to pay $100 as a special DUI assessment fee. You will be required to pay the "surcharge of $25 to be deposited into the neurotrauma special fund" required by § 291E-61(D). You will also be required to pay $25.00 as "contribution" to the Criminal Injuries Compensation Fund. You will also be required to pay the a $7 contribution to help to fund driver's education classes. There is a $250.00 Drug Demand Reduction fee that can also be assessed. Finally, for those who took a blood alcohol concentration test, § 291E-61(f) states: "Any person sentenced under this section may be ordered to reimburse the county for the cost of any blood or urine tests conducted pursuant to section 291E-11. The court shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test." If you received a minimum $150.00 fine, and were also ordered to pay another $157.00, for fees and costs, total out of pocket expense for the sentence will be $307.00. If you have $500.00 posted in your case as bail, the court will generally apply the bail toward your fines and fees, leaving you with a bail refund of $193.00. However, if you cannot avoid the sometimes overlooked $250 Drug Demand Reduction Fee - or cannot eventually get it waived - you will be required to make a payment of $57 - after your bail is applied toward your fines and fees). If you do not have bail posted, the court will usually give you up to 60 days to make any payments. If more time is needed, you can request a referral to the "Payment Court" to work out a longer term payment plan. For information concerning criminal penalties for 2nd and 3rd offenses within a five year period, click on the following link
- Earle Partington If you are arrested for driving under the influence of intoxicating liquor or drugs, you are in serious trouble. You will face two separate and complex proceedings, one civil and one criminal, that must be dealt with at the same time.