Common DUI Questions
Have you been arrested for a DUI in Honolulu? Are you currently facing
criminal charges due to a drunk driving-related incident? If so,
The Law Office of Kevin O'Grady, LLC has been helping clients in Honolulu, Hawaii overcome their DUI charges
for 19 years.
How am I qualified to help you? By contacting me, you will be working with
a Honolulu DUI lawyer who has the following professional achievements:
- Avvo Clients' Choice Award
- Member of the National College for DUI Defense
- Verified by Law Q&A
- Legal and Paralegal Instructor in Criminal Law, Evidence, and Ethics
- Former Chief Prosecutor
- Military Reservist
I understand that an arrest arising from a DUI can be incredibly overwhelming,
but know that you do not have to face this legal process on your own.
Below, I have included the most frequently asked questions that I receive
at my firm. To gain a better understanding of your current situation,
or to simply learn more about the DUI laws in Hawaii, I encourage you
to read through the following set of questions and answers.
Your Questions Answered
What is considered to be a DUI in Hawaii?
Like most other states, drivers found to be operating a vehicle with a
blood alcohol content (BAC) level of .08% or higher will be arrested for
DUI. In order to measure a driver's BAC, officers often subject drivers
to breath tests, blood tests, or urine tests. In other instances, a police
officer may ask a driver to participate in a field sobriety test. In Hawaii
you can be charged with per se (BAC) and or with impairment (regardless
of your BAC).
I was arrested for a DUI. When should I talk to a lawyer?
Immediately. In the state of Hawaii, a police officer will issue an instantaneous
driver's license revocation upon a DUI arrest. Your attorney can take
steps to request and or preserve evidence early after your arrest and
can also speak with witnesses or visit the scene close in time to your
arrest. Your attorney will be able to represent you during this administrative
hearing, as well as any type of criminal proceeding thereafter.
What will happen to my driver's license if I do not petition a license
If you fail to take action and request a hearing in a timely manner, you
could be jeopardizing your driving privileges. Upon arrest, an arresting
officer will issue you a Notice of Administrative Revocation. This notice
will serve as a temporary driving permit for 30 days. An in-person administrative
hearing must take place within 24 days of receiving a Notice of Revocation.
Failure to take action on a first-time DUI offense could result in a mandatory
driver's license revocation for up to 1 year.
Is it required by law to take a breath or chemical test?
You do have the right to refuse a breath or chemical test, however, you
will also face possible penalties as a result of refusing a chemical test.
Admittedly, chemical tests are prone to error and inaccuracy, however,
it will be imperative that you listen to law enforcement officers. Refusal
of a breath or chemical test could result in a license revocation for
up to 2 years on a first-time offense.
What happens if I failed a field sobriety test?
Do not assume that your case will rely solely on the results yielded during
a field sobriety test! Even if you have failed a field sobriety test,
these tests are not always accurate and often do not take in special circumstances
of the person taking the test.
For example, people with health issues, coordination issues, or sight
issues may not perform in a way that would suggest sobriety. Additionally,
other external factors, such as uneven roads, weather, stress, or improper
administration by the police officer could lead to erroneous results.
Call Today for a Free Consultation
If you have more questions or concerns regarding your DUI case, I am here
to help. As a former Chief Prosecutor, I have spent countless hours on
both sides of the fence. I know how the police officers operate and more
importantly, I understand what must be done to counter the evidence against you.
I am happy to answer all of your questions or concerns - 24 hours a day,
7 days a week. Call my Honolulu DUI law firm
request your free case consult