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.
Protect Your License: The Critical (and Fast) Administrative Hearing
After an alleged breath or blood test refusal, you may be facing two separate battles at the same time: the criminal DUI case and an administrative driver’s license action. Many people are surprised to learn that the DMV process can move quickly—and missing a deadline can make it much harder to keep driving legally while your case is pending.
Our office helps clients take immediate steps to pursue every available option, including requesting an administrative hearing when appropriate and preparing a strategy to challenge the suspension.
Why the DMV process matters
- It’s separate from court. Even if your criminal case is reduced, dismissed, or still pending, the DMV can still suspend your license based on the refusal allegation.
- The timeline is strict. Requests for hearings and required filings often have short windows—waiting can limit your choices.
- Driving privileges affect your daily life. Work, school, family responsibilities, and military obligations can all be impacted by a suspension.
What we look for when challenging a refusal-based suspension
- Whether the officer had a lawful basis to stop you and proceed with a DUI investigation
- Whether you were properly informed of the required warnings and consequences
- Whether your response was a clear refusal or could be interpreted as confusion, misunderstanding, or inability to comply
- Whether proper procedures were followed during the arrest and documentation
The Law Office of Kevin O’Grady, LLC can help you understand what’s at stake and act quickly to protect your driving privileges while building a strong defense in your Honolulu DUI case.
How We Challenge Refusal Allegations in Honolulu DUI Cases
A “refusal” isn’t always as clear-cut as the police report makes it sound. Many cases turn on whether the officer followed Hawaii’s required procedures, whether you were properly informed of the consequences, and whether the testing request was made in a way you could reasonably comply with. Our goal is to identify the weak points in the State’s evidence and use them to fight license penalties and criminal exposure.
Depending on the facts, we may focus on issues such as:
- Whether the implied consent warnings were properly given (and whether you had a meaningful opportunity to understand them)
- Communication barriers (language issues, hearing impairments, medical conditions, or confusion caused by stress or injury)
- “Non-refusal” scenarios (attempts to comply that were labeled a refusal, delays caused by the officer, or unclear instructions)
- Legality of the stop and arrest (an unlawful stop can undermine everything that follows)
- Body-worn camera and station video review to compare what occurred against what is claimed in reports
- Timing and documentation problems in the arrest timeline, forms, and testing request process
Because refusal cases often move quickly, getting counsel involved early can make a difference in preserving video evidence, requesting records, and preparing for hearings. If you’re facing a refusal allegation, we can evaluate what happened, explain your options, and build a strategy tailored to the facts of your Honolulu case.
If you have been arrested for DUI and refused a breath or blood test in Hawaii, contact my firm by calling (808) 521-3367 to speak with an experienced Honolulu DUI attorney today.
Common DUI Questions
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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).
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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.
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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.
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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.
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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.
Let's Fight Together
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Charged with DUI or OVUII in Honolulu? Discover how we can fight for your freedom! -
With a history of successful results. We can fight together.
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Hear from my former clients. Although I focus on the facts and the ethics of a case, I also make it a point to take the time to get to know my clients.
