The first line of action for anyone who is found driving under the influence of alcohol within the state of Hawaii is to get a good DUI lawyer to assist them in resolving their DUI case. Hawaii DUI offenders are faced with a two-pronged attack. The first attack comes from the courts with respect to the DUI case and the second to protect their driving privileges.
In addition, one may think that because Hawaii is so far away from main land United States and they are on holiday or serving in the military service, your DUI charges will remain in Hawaii. However, much to the contrary, based on Hawaii Interstate Driver’s Compact, any DUI offender in Hawaii will have their charges and repercussions transferred to their home state. Therefore, if there is a suspension of your driver’s license in Hawaii, this suspension will be transferred back to your home state.
Hawaii drivers also automatically sign the “Implied Consent Law” upon receipt of their driver’s license. According to this law, Hawaii drivers must submit themselves to a field sobriety test once they are suspected of driving under the influence. As a result, if a Hawaii driver refuses a field sobriety test on suspicion of DUI, they automatically will have their driver’s license suspended. The law is enforced irrespective of the type of transport you drive.
Hawaii drivers are not allowed to operate a motor vehicle with a blood alcohol content that exceeds 0.08%. Arresting officers must support their charges of a DUI with the evidence ascertained from a field sobriety test. This test entails a series of drills that are used to ascertain the balance and awareness of the driver. The test culminates with a chemical test where the offender must blow into a device to determine their blood alcohol content.
Once the DUI case is proven in the courts, Hawaii DUI offenders face a series of punishments that they hope will force the offender to think twice about the next time they drink. Some of these repercussions include:
- At least fourteen hours of substance abuse rehabilitation
- A ninety-day suspension of their driver’s license and the privilege to operate a motor vehicle.
- Seventy-two hours of community service or at least forty-eight hours community service combined with five days jail time.
- A compulsory donation of $25 to the neurotrauma special fund
For repeat offenders, the magnitudes of these punishments are increased significantly and include more jail time, higher fines and longer driver’s license suspensions. Once you have exceed three Hawaii DUI offences, upon your next DUI run with the law, your forth offence will be treated as a felony resulting in up to five years imprisonment.
Hawaii minors are not allowed to operate a motor vehicle with a BAC level higher than 0.02%. This technically means that once they consume any form or level of alcohol, they are restricted from driving. In addition, those who are pulled over on the suspicion of DUI and have a child passenger in the vehicle are charged separately of endangering the life of a minor.
Originally posted 2016-12-11 15:04:00.