Honolulu DUI Defense: Breath & Blood Test Guidance
Experienced DUI Defense in Honolulu, Hawaii
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.
If you have been arrested for DUI and refused a breath or blood test in Hawaii, call my firm to speak with an experienced Honolulu DUI attorney today.
Understanding DUI Penalties and Test Refusals in Honolulu
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.
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!
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.
