Breath & Blood Tests in Hawaii
Knowledgeable Honolulu DUI Attorney
Hawaii is one of the many states that now has 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.
Penalties for Breath & Blood Test Refusal
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.
Get the DUI Representation You Need
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.