Breath & Blood Tests

Honolulu Breath & Blood Test Refusal Defense Lawyer

Experienced DUI Defense in Honolulu, Hawaii

Hawaii is one of the many states that now have an implied consent law governing procedure during a DUI arrest. Implied consent means that any driver pulled over on suspicion of a DUI must take a mandatory breath or alcohol test to provide their blood alcohol content (BAC).

Unfortunately, many drivers aren't aware of this law and may try to refuse to take a test. Even though officers are required to inform a driver that there are penalties for this refusal, they may not realize the extent of the consequences and how this could impact their charges.

Over the last 25+ years, I have helped countless clients navigate their DUI charges away from further penalties due to implied consent violations and can use this experience to help with your case.

What Happens After a Breath or Blood Test Refusal in Honolulu?

Refusing a chemical test can trigger two separate tracks at once: a criminal DUI case and an administrative license action. Many people are surprised to learn that the license consequences can move quickly—even before your first court date—so the steps you take immediately after an arrest can make a major difference.

Common issues that come up after an alleged refusal include:

Immediate paperwork and deadlines: You may receive notices that require action within a short window to protect your driving privileges.
License revocation proceedings: Separate from the criminal case, an administrative process may determine whether—and for how long—your license is revoked.
Disputes about what counts as a “refusal”: Miscommunication, confusion, language barriers, medical issues, or unclear instructions can lead to an unfair refusal allegation.
Body cam and station procedures: Whether officers properly explained the consequences, followed required procedures, and documented events accurately can be critical.

At The Law Office of Kevin O'Grady, LLC, we focus on building a defense that addresses both fronts—seeking to reduce or avoid license penalties while also challenging the prosecution’s evidence. If you were arrested in Honolulu and accused of refusing a breath or blood test, contacting a lawyer promptly can help preserve time-sensitive opportunities to fight the case.

If you have been arrested for DUI and refused a breath or blood test in Hawaii, contact my firm calling at (808) 521-3367 to speak with an experienced Honolulu DUI attorney today.

How to Handle a DUI Arrest and Refusal of Testing

While refusing a chemical test may seem like an easy way to avoid evidence of intoxication, it can backfire in the long run. Here are some factors to consider if you are arrested for DUI and asked to submit to a breath or blood test:

Understand Your Rights: Before making a decision about taking a breath or blood test, it is important to understand your rights and the consequences of refusing the test. While you have the right to refuse to take the test, doing so can lead to significant penalties, including license suspension and a harder battle in defending against the DUI charge.
Consult with Legal Counsel: If you are arrested for DUI, it is highly recommended to seek legal counsel as soon as possible. Although you may not be able to speak with your attorney before being asked to submit to the test, contacting an Honolulu breath and blood test defense lawyer immediately after the arrest is crucial for protecting your rights.
Avoid Making Any Incriminating Statements: After being arrested for DUI, it is important to remain calm and avoid making any statements that could be used against you later in court. While you have the right to remain silent, it is important to comply with requests from law enforcement officers to avoid additional charges such as obstruction or resisting arrest. You can politely inform officers that you would like to speak with your lawyer before making any decisions regarding the breath or blood test.
Prepare for the Long-Term Consequences: Refusing a breath or blood test will also affect your driving record and insurance rates. While you may not face criminal penalties for the refusal itself (aside from the license suspension), your refusal will still be recorded and may affect your ability to obtain insurance or renew your driver’s license.

Defenses for Refusing a Breath or Blood Test

While refusing a breath or blood test is generally not the best option, there may be situations where it could be beneficial to challenge the consequences. A Honolulu breath and blood test defense lawyer may employ several legal strategies to challenge a refusal or the prosecution's use of the refusal as evidence.

Some potential defenses include arguing lack of probable cause for arrest, mistake of fact or confusion, improper procedures during arrest or demonstrating you refused the test due to a medical condition.

A skilled lawyer can assess your case, explain the potential consequences of refusing a test, and help you navigate the legal process. Whether you are contesting a license suspension or fighting against DUI charges, an attorney will provide you with the necessary legal support to secure the best possible outcome in your case.

Why Choose a Honolulu Breath & Blood Test Defense Lawyer

Facing a DUI charge in Hawaii, especially with the added complexity of refusing a breath or blood test, can be a daunting experience. Having an experienced DUI lawyer on your side can help ensure that your rights are protected and that you have the best defense possible.

Understanding Breath and Blood Tests in DUI Cases

In Hawaii, when a law enforcement officer suspects that a driver is under the influence of alcohol or drugs, they typically request a breath or blood test to determine the driver’s BAC. These tests are used to establish whether the driver’s ability to operate a vehicle is impaired.

Breath Test: Breath tests are the most commonly used method for measuring BAC in DUI cases. The officer will use a device, such as an Intoxilyzer, to measure the amount of alcohol in your breath. The device estimates your BAC based on the alcohol concentration in the air you exhale. This test is quick, non-invasive, and widely used in roadside DUI stops.
Blood Test: A blood test is typically used when a breath test is not feasible or when there is suspicion of drug impairment. Blood tests can also be used if the breath test is unavailable or if the officer suspects that a driver may be under the influence of drugs. Blood tests can detect both alcohol and drugs in a person’s system and can provide a more accurate and reliable measurement of the substances present.

The legal limit for BAC in Hawaii is 0.08% for most drivers, but for commercial drivers and those under the age of 21, the legal limit is much lower. While these tests are commonly used and often play a central role in DUI cases, they are not infallible. A Honolulu breath and blood test refusal defense lawyer can help you assess the validity of the results and challenge the accuracy of the tests in your case.

The Legal Consequences of Refusing a Breath or Blood Test

Breath and blood tests must be administered as soon as possible following the arrest, or else the results may be compromised. That is why officers will often ask for you to submit to one very early on. In some cases, officers may not have gained probable cause to require you to submit to a test, in which cases my firm can challenge the officer's testimony to get the test dismissed in court.

Regardless of the situation, if a driver refuses a BAC test, they can sustain further penalty in addition to any DUI sentencing. These consequences escalate with repeat offenses.

Refusal to take a BAC test can result in:

Revoked license for two years for a first offense.
Revoked license for three years for a second offense.
Revoked license for four years for a third offense.

If there was an injury, either to yourself or another driver or bystander, caused by an accident and alcohol may have been involved, the police will claim they have the right to force a blood test.

Client-Centered Approach: Your Best DUI Defense

At The Law Office of Kevin O'Grady, LLC, we believe that every client deserves personalized attention and a robust legal strategy tailored to their unique circumstances. We understand that facing DUI charges can be an overwhelming experience, often filled with uncertainty and anxiety. That's why we prioritize clear communication, ensuring that you are informed and empowered throughout every step of your case.

Our client-centered approach includes:

Initial Case Evaluation: We provide a comprehensive review of your case, discussing the specifics and determining the best course of action tailored to your situation.
Open Communication: Stay in the loop with constant updates and easy access to your attorney so you can feel confident about your defense.
Explaining Your Rights: We take the time to educate you about your rights and the legal process to ensure you make informed decisions.
Strategic Defense Planning: We'll work closely with you to develop a proactive legal strategy that aligns with your goals and priorities.

Choosing the right legal representation can make a significant difference in the outcome of your case. Contact us today to schedule your free consultation and discover how we can help you navigate the complexities of your DUI charges in Honolulu.

Reach out to a trusted Honolulu DUI lawyer now for a free consultation. Call (808) 521-3367 or send a message online for help!

Frequently Asked Questions About DUI Defense

Navigating DUI charges can be overwhelming, especially if it's your first encounter with the legal system. To help you better understand the process and what to expect, we’ve compiled a list of frequently asked questions regarding DUI defense in Honolulu.

What should I do immediately after being arrested for a DUI?

If you are arrested for a DUI, it is crucial to remain calm. You have the right to remain silent and should request an attorney as soon as possible. This will help you avoid making statements that could complicate your defense.

How can an attorney help my DUI case?

An experienced DUI defense attorney can evaluate the circumstances surrounding your arrest, examine evidence, and develop a strategy tailored to your situation. They can represent you in court, negotiate plea deals, and inform you of your rights throughout the process.

What are the potential penalties if convicted of a DUI?

Penalties for a DUI conviction can vary widely, depending on factors like prior offenses and blood alcohol content (BAC) levels. Typical consequences may include fines, license suspension, mandatory alcohol education programs, and even jail time in more severe cases.

Can I refuse a breath or blood test in Hawaii?

Under Hawaii's implied consent laws, driving on the roads means you consent to chemical testing for alcohol or drugs. Refusing a breath or blood test can result in automatic license suspension and other penalties. It's essential to understand the implications before making a decision.

How can I schedule a consultation with The Law Office of Kevin O'Grady, LLC?

You can easily schedule a consultation by contacting our office directly via phone or through our website. Early legal intervention can significantly impact the outcome of your case, so don’t hesitate to reach out.

By addressing these common concerns, we aim to empower you with the information necessary to make informed decisions during a challenging time. Remember, you don’t have to face DUI charges alone—trust our team at The Law Office of Kevin O'Grady, LLC to guide you through the process.

Secure Your Legal Support for DUI Charges in Honolulu

Most DUI cases in Hawaii require skilled legal representation, but in the case of an implied consent violation, this is especially true. Anyone can be charged with DUI and it's only with seasoned, assertive counsel that a conviction or severe penalties can be avoided.

Charged with DUI? Contact a dedicated Honolulu DUI lawyer at my firm today for a free consultation. Send a message online or call (808) 521-3367 for immediate assistance!

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Common DUI Questions

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 revocation?

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.

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With a history of successful results. We can fight together.

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