DRIVING UNDER THE INFLUENCE (DUI)

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. Here are some things that you need to know right away to keep the consequences from being worse than they might otherwise be.

First, alcohol takes time to absorb, and it takes time to dissipate. The same is true for drugs, either prescription, over-the counter, or illicit. You may want to have an independent blood or urine analysis conducted as soon as possible after your release from custody. The results may be able to be used to refute the government's chemical test results. Blood and/or urine tests may be obtained from your doctor or a private laboratory.

Second, in most states a DUI arrest results in two parallel actions, one by the courts, and one by the Department of Motor Vehicles or its equivalent (in Hawaii the ADLRO Administrative Drivers License Revocation Office) that issues driver's licenses or has the job of suspending or revoking them. The ADLRO may seek to suspend or revoke your driver's license. There may also be an order to install an ignition interlock device. In most cases you have the right to a hearing to appeal this action, but you must request such a hearing often in a very short period of time. Be sure that you request such a hearing, or have your attorney do so, before the deadline passes. Also be sure to inform your attorney of any prior “alcohol contacts”.

Third, you need someone on your side that is qualified to spot all the issues in your case and can act quickly to protect your interests. Attorneys experienced in DUI have had training to equip them to protect your interests and fight for your rights with every tool that is available.

Do you think it is hopeless? Maybe Not! There are ways to win. Did the officer have a legal reason to stop you? Were the field sobriety tests (WAT/ Walk and Turn, OLS, One leg stand, HGN, Horizontal Gaze Nystagmus) done according to Federal (NHTSA/ National Highway Traffic Safety Administration) guidelines? Was the chemical test analyzed properly? Do you have a medical condition that would mimic impairment or invalidate the blood alcohol reading? Was the implied consent law properly executed by the officer? Did you refuse to blow or provide a sample? Were you unable to provide a sample? Was an accident involved? If a blood test was involved, who drew the blood? Can your attorney argue the BAC (breath alcohol content/concentration)? Were you charged as a highly intoxicated driver or a repeat offender? Could an expert help?

Experienced attorneys can help you. Experienced attorneys have led the charge in challenging the computer programs used to run breath testing instruments, and have exposed deceit and fraudulent record keeping including at a major forensic laboratory, resulting in the overturning of thousands of DUI cases. Kevin O'Grady has been practicing law for over fifteen years and initially started handling, and winning, DUI cases while still in law school under the supervision of experienced attorneys.