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Driving while intoxicated (DWI), operating a vehicle under the influence (OVUII), or driving under the influence (DUI) are all ways to describe the same thing: impaired driving. Impairment may be the result of alcohol or another chemical substance (e.g., marijuana) or both. To be a criminal offense in Hawaii, your blood alcohol content must be at or above the legal limit, you must have an illegal chemical substance in your system that impairs your ability to operate a vehicle safely, or your mental faculties were otherwise impaired.
In Hawaii, there are many arrests made daily for intoxicated driving. Those arrested are often otherwise law-abiding citizens. At Segal Law, our skilled DUI defense lawyer works hard to help you defend against a DUI charge and get the best possible outcome in your unique situation. Contact us at 808-865-2100 to learn more about how we will help you. In the meantime, here are some of the most commonly asked questions we get from our clients when we first meet them about their intoxicated driving charge.
What is “blood alcohol content” and “breath alcohol content”?
Blood alcohol content or breath alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, or per 210 liters of breath, or per 100 milliliters or cubic centimeters of blood. A BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle. If your BAC is at or above a 0.08, there is a legal presumption that you are impaired.
What are my rights during DUI traffic stops?
If you are pulled over door to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects intoxicated driving, you should remember you have certain rights as a U.S. citizen.
Namely,
- The driver and any passengers have the right to remain silent (except you must show the police your driver’s license, registration, and proof of insurance upon request). You do not have to answer any of the officer’s questions about where you are going, how much you have been drinking, etc.
- You have the right to decline to participate in any test, including the standardized field sobriety tests, and a preliminary breath test.
If you are arrested or detained, you have additional rights:
- You can say you wish to remain silent and ask for a lawyer immediately.
- You have the right to make a phone call to an attorney or family member.
If you believe your rights were violated in any way, try to write down everything you remember.
Can I refuse a breathalyzer test in Maui?
You can refuse a breathalyzer test. Refusal, however, carries with it significant consequences. Those consequences depend on your prior DUI case history, but you can expect any of the following:
- Your license may be suspended for an additional period of time.
- You may still face a DUI charge based on other criteria, such as field sobriety test results, witness testimony, and the police officer’s observations.
Also, if you refuse, the police officer may request a warrant to take a blood sample. Blood tests are more reliable than breath tests, and they can be more challenging to defend against if a case if filed against you.
What are standardized field sobriety tests (FSTs)?
Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.
There are three standardized FSTs:
- the Horizontal Gaze Nystagmus Test (HGN test)
- the One-Leg Stand Test (OLS test)
- the Walk-and-Turn Test
The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence.
Non-standardized FSTs include:
- finger to nose test
- the finger count test
- the hand pat test
- the alphabet test
- the reverse counting test
- the coin pickup test
Can I refuse field sobriety tests in Hawaii?
Yes, you should always decline to participate in any fields tests.
After a DUI arrest in Hawaii, will my driver’s license be suspended or revoked?
There are two different types of suspensions. The first is an administrative suspension with the Administrative Drivers License Revocation Office, which will suspend your license if you refuse a breathalyzer or have a BAC over a certain level. This means you can lose your driving privileges even when you have not been found guilty of driving while intoxicated or under the influence of a chemical substance.
The other type of suspension occurs when you are convicted of an intoxicated driving offense. Whether your driver’s license will be suspended or revoked depends on your case, your BAC level, and whether this is your first offense.
What happens after a drunk driving arrest in Hawaii?
If you are arrested for drunk driving, what happens next depends on the facts and circumstances. It’s important to know that DUI arrests result in two processes after an arrest: (1) the administrative hearing, which results in civil penalties, like driver’s license suspension; and (2) the criminal process, which can result in a conviction in the absence of a strong DUI defense. A conviction can lead to fines, driver’s license suspension/revocation, imprisonment, ignition interlock device (IID) installation, and other penalties.
Can I still get auto insurance in Hawaii after a drunk driving conviction?
Your ability to obtain or maintain auto insurance after a drunk driving conviction depends on whether it was your first conviction. You will likely find insurance after a first conviction, although your rates will increase significantly.
Note, however, that even if you have been convicted of only one drunk driving offense, you may still be required to obtain SR-22 insurance, especially if you were involved in a collision resulting in damage in excess of $3,000 to property. SR-22 is a certificate of financial responsibility required by the Department of Motor Vehicles. This form is not insurance, but rather proof that your auto insurance policy meets the minimum liability coverage required by state law. A fee, which ranges from $300 to $800 on average, is most often charged to file this form.
Can I beat a drunk driving charge in Hawaii?
It is possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, blood tests, and urine tests. Understanding the latter tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.
Aside from errors or unreliable test results, an alleged DUI offender may have had their constitutional rights violated. This happens more often than you might imagine. A violated can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.
You will need a drunk driving defense attorney to help you beat an intoxicated driving charge. These cases can be highly technical, as much as legally complex.
Can I just plead guilty to drunk driving?
An arraignment is a hearing where the defendant can plead guilty, no contest, or not guilty. You can plead guilty, but the real question is whether you should or not. It would be a mistake to plead guilty at this time, especially without the counsel of a drunk driving lawyer in Maui, and there are multiple reasons for this.
- If you plead guilty immediately, you lose any opportunity to fight the DUI charge.
- If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances. Admittedly, a plea deal means you would plead guilty, but the process can render a better outcome than an immediate plea of guilty. In some situations, your DUI lawyer may be able to negotiate a deal where you would plead down to a lesser offense, avoid jail and/or community services, and minimize the fines that you will have to pay.
- The sentencing is often harsher when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.
If it’s your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed or to get yourself acquitted, it will be your first drunk driving charge. With the latter on your record, you want to keep in mind that subsequent DUI convictions will assuredly lead to harsher penalties.
Do I need a drunk driving lawyer in Hawaii to win my DUI case?
If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. The law can be complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge, to successfully counter them. Most alleged DUI offenders do not have that kind of knowledge and skills.
How much does a DUI defense lawyer cost?
There are a lot of factors to consider when determining the cost of a defense lawyer, like:
- The experience of the lawyer
- Whether you take a plea deal
- Whether you go to trial
- The costs of the experts if you go to trial
Contact a DUI defense attorney in Maui today
At Segal Law, we know the law and the technical, scientific make-up of field sobriety tests, blood tests, breath tests, and urine tests. We also know how to identity and proactively address any constitutional rights violations to benefit your case. Contact our DUI defense lawyer in Maui today at 808-865-2100 to schedule a 15-minute phone consultation and get honest advice on your best legal options.