Hawaii State
Posted in Uncategorized on 07/02/2009 10:12 pm by admin
Hawaii State
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 United States Flag PostcardWhen Hawaii was officially proclaimed 50th State  US $.99
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Hawaii DUI Law
In Hawaii, DUI is actually referred to as OVUII laws for "Operating Vehicle Under the Influence of an Intoxicant." When you are arrested with this type of offense, two separate cases are put into motion. One is the criminal charges for driving under the influence and one is an administrative case that can have consequences for your driving privileges. If you want to have a chance at defending yourself well in both cases, hiring a Hawaii DUI attorney is your best option. Having a Hawaii DUI lawyer representing you in both the criminal and administrative cases can give you an advantage because an experienced attorney will have access to expert witnesses and knowledge that you wouldn't have if you chose to represent yourself.
Hawaii DUI Information
Hawaii is like many other states in how a case can be prosecuted. Two types of cases can be brought against a defendant. One is based on the impairment of the defendant while operating a motor vehicle. This means that the defendant was less able to safely operate a motor vehicle than they would have been had they not consumed alcohol prior to driving. The prosecutor for this type of case will focus on bad driving habits, the smell of alcohol on the defendant's breath, chemical testing results, and the physical appearance of the driver. If you want to be able to successfully defend yourself in this type of case, you will need the counsel of a skilled Hawaii DUI attorney to guide you through the process and present the best possible defense.
The second time of case is known as "per se." This means that the prosecution does not have to show that the driver was exhibiting bad driving habits or that the driver appeared to be intoxicated. This type of case is based solely on chemical testing and the prosecutor simply must show that the defendant's chemical testing revealed a blood alcohol concentration level of 0.08% or greater, which is the legal limit in the state of Hawaii. Having a qualified Hawaii DUI lawyer represent you in this type of case can help you to defend yourself against the charges you're facing.
Hawaii is a state that has a "look-back" period for driving under the influence offenses. A look-back period is where offenses are charged as first offenses if an offender has not had any other offenses within the look-back period. If the offender has had one or more offenses in this period, the offense will be charged as a second or subsequent offense. The look-back period in the state of Hawaii is 5 years. This means that a defendant with no DUI offenses in a 5 year period will be charged as a first offense.
Administrative Penalties
The Administrative Driver's License Revocation Office is responsible for handling the administrative penalties associated with a DUI offense in Hawaii. Hawaii is a participant in the Interstate Driver's License Compact. This compact is in place to allow different states to share information about DUI offenses with each other. This means that if you are arrested for a DUI offense in a state that is a participant, your offense will be reported to your home state and your home state will seek to suspend your driving privileges. This makes it important for you to defend yourself against any DUI charges you may face in Hawaii. A Hawaii DUI lawyer can help you to present the best possible defense to these charges and work to prevent your driving privileges from being suspended by your home state.
Criminal DUI Penalties
Being convicted of a DUI in the state of Hawaii means you will face criminal penalties. The offense is categorized as a misdemeanor, but these penalties can still have a great impact on your life. This is why having a Hawaii DUI attorney to defend you is so important. You want to minimize the effects of these penalties on your life, if possible, so you can continue to have driving privileges and keep your reputation intact. For a first offense, the penalties include fines, surcharges, license suspension, and either community service or imprisonment. For a first offense, you will face a substance abuse program of no less than 14 hours as determined by the court. The license suspension period is 90 days, but some offenders may serve a 30-day suspension period and be granted a work restriction that allows them to commute to work and to any substance abuse treatment or education programs. A first offender can serve 72 hours of community service or no less than 48 hours and not more than 5 days of jail time. The court may also impose a fine of not less than $150 and no more than $1,000. There is also a charge of $25 that is put into a fund that is used to help pay for the expenses of victims of brain injuries. Having a Hawaii DUI attorney on your side can help you to win your case or, if convicted, minimize the penalties you face as a convicted DUI offender.
Visit our Hawaii DUI Attorney website and fill out a free case evaluation today.
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