Honolulu DUI Defense Attorney
Legal Counsel from a Hawaii DUI Lawyer
Charged with DUI or OVUII in Honolulu? You may be facing criminal, administrative, career and personal penalties. Not only could you face jail time, fines, increased insurance premiums and a driver's license revocation, but your reputation and relationships could take a hit from a DUI conviction.
You cannot afford to plead guilty. You need to work with a hard-hitting DUI defense attorney to get the most out of your case. At The Law Office of Kevin O'Grady, LLC you can depend on receiving thorough, relentless defense.
Types of DUI Charges
Any DUI charge is a serious matter. When you are up against the far-reaching penalties for a DUI in Hawaii, you can find the skilled advocacy you need at my firm. No matter how complex your DUI charges are, let me provide you with a resilient defense.
From start to finish, I can fight for you in matters such as:
Why trust my Honolulu DUI firm? Consider this:
- 24/7 attorney availability
- A proven track record
- Former prosecutor and law enforcement officer on your side
- First-hand understanding of the military justice system
- Honest, upfront expectations
- Free in-person consultation
At my firm, you can find vigorous advocacy that is backed by 25 years of legal experience. With the insights I have gained as both a former deputy prosecutor and a senior military prosecutor, you can rest assured that I am fully aware of all the prosecution's tactics. I will not relent until your rights are fully respected and protected.
- Basic DUI. Used to be up to 5 days jail but many received community service and almost no one served actual jail. NOW- If you blow .15 or higher, MANDATORY 48 hours CONSECUTIVE jail. (plus longer driver license revocation)
- Second DUI in 10 years. USED TO BE, up to 30 days jail if convicted. NOW- if convicted, if highly intox (high blow) MANDATORY 10 CONSECUTIVE days up to 30 days.
- There is NO REASON to plead guilty with these new minimums - they should be fought!
- For more detailed information, see the full case notes here.
Discover how we can fight for your freedom! Call my firm today for honest, straightforward counsel.
Understanding the Cost of a DUI Conviction
If this is the first DUI or OVUII charge you are facing in Hawaii, it's possible you may be able to avoid jail time, but you could also be:
- Fined up to $1,000;
- Be assessed additional court costs;
- Lose your driver's license for a year or more;
- Be court ordered to perform community service;
- Be court ordered to undergo an alcohol assessment and treatment;
- Live with a permanent criminal record, potentially derailing your career;
- Be at risk to lose other professional licenses
License and permit complications or penalties:
- Revocation of your driver's license.
- Loss of special commercial license endorsements (CDL).
- Mandatory purchase of special car insurance that includes proof of insurance component.
- Installation of Ignition Interlock Device (IID) in any vehicle driven or owned – effectively stops you from using any car but your own.
- Revocation or suspension of certain professional and occupational licenses, such as those held by certain physicians.
- Restriction on how you can obtain special permits, licenses, or benefits that require finding that you have good moral character, such as concealed firearm carry permit, serving as a foster parent, or participating in low income food and housing programs.
Mandatory education, rehabilitation, or training penalties:
- Participation in DUI prevention education program for period of 3 to 30 months.
- Participation in driver safety class.
- Participation in Alcoholics Anonymous (AA) meetings.
- Residential Treatment Program – more commonly called “going to rehab” – for a month or longer.
Penalties that will impact you financially:
- Fines ordered to be paid to the state as a criminal punishment.
- Paying for criminal defense lawyer, or reimbursing government for court-appointed lawyer, and payment or reimbursement of other trial-related expenses.
- Cancellation of or increase in cost of automotive insurance.
- Denial of employment, loss of promotion, or loss of job.
- Damage to person or property from accident caused by driving while intoxicated with attendant liability.
Penalties that restrict your freedom or mobility:
- Jail or prison time sentenced by the judge upon conviction.
- Community service that may be as long as 72 hours (first-time conviction).
- Electronic monitoring – anklets, bracelets, phone apps, etc. – so the government knows where you are at all times.
- Probation with terms that could include abstaining from alcohol, staying away from businesses that primarily sell alcohol, restriction on contact with other probationers, and waiver of Fourth Amendment right.
Problems impacting your status:
- Involuntary separation from military service, or dishonorable discharge.
- Court-Martial, Non-Judicial Punishment, Captain’s Mast, etc.
- Restrictions on travel and ban from entry to some foreign countries.
- Delay or denial in obtaining U.S. citizenship.
- Loss of top secret clearance, which can impact current and future employment, income, and reputation among numerous government branches and agencies.
Personal problems that can arise due to DUI conviction:
- Strain on marriage and relationships with friends and family.
- Suspension from school, delaying your graduation, interrupting your education, or the reduction of student grants or loans.
- Depression triggered by the numerous penalties and the feeling of being judged.
- Increase in health problems and a decrease of sleeping hours from stress and anxiety.
- Decline in productivity at work due to depression, anxiety, insomnia, etc.
- Modification of family law child custody orders that reduce your contact with your children.
- Creation of public record of arrest or conviction, and its disclosure to friends, family, and neighbors, which may cause embarrassment, loss of reputation, denial of participation in youth sports, withdrawal of marriage proposals, and so on.
Not only that, but a DUI can also negatively affect your auto insurance rates. While an average car insurance policy in Hawaii might be slightly over $1,000 a year, your new rate after a DUI conviction can increase to almost $1,800.
Available 24/7 – Get a free evaluation!
Starting with a free initial case review, I can tell you what you need to hear about your case, down to the details of the legal avenues available to you. As the case progresses, I will work to keep you informed. I care deeply about my clients' freedom and future. From ADLRO hearings to felony DUI defense trials, I am dedicated to preserving your every legal right.
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).
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.
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.
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.
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.