Being arrested for DUI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DUI attorney will help you understand all of your rights and options. 

What happens if I was arrested for DUI?
Under Hawaii law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Hawaii Administrative Driver’s License Revocation Office.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately. 

Administrative Hearing
Pursuant to Hawaii law, an individual has 6 days to request a hearing from the Administrative Driver’s License Revocation Office.  If you fail to request a hearing within 6 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Administrative Driver’s License Revocation Office within 6 days.          

DUI Penalties for First Time Offenders

Jail Time
A first time DUI offender will face imprisonment of a minimum of 48 hours, up to a maximum of 5 days.

Monetary Fines
The fine for a first time DUI is $150, up to $1,000.00..

Driving Privileges
A DUI conviction results in the revocation of driving privileges for 3 months, up to 1 year.

Community Service
The court may order a first time DUI offender to complete 72 hours of community service work.

Substance Abuse Rehabilitation
A first time DUI offender must complete a 14 hour minimum substance abuse rehabilitation program, including education and counseling.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 1 year.

Commercial Drivers
Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) of 0.04.  A first time DUI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license. 

Alcohol Evaluation
Successful completion of a driver’s education program and alcohol/drug assessment is required for reinstatement of driving privileges.   

DUI Subsequent Offenses
Penalties are increasingly more severe for any additional DUI violations.  Due to the complexity of DUI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.