BUI

Honolulu BUI Lawyer

Experienced BUI Attorney Serving Oahu, HI

Under Hawaii law, it is illegal to operate a boat while under the influence of alcohol. A person is considered to be “under the influence” if their blood alcohol content (BAC) is .08% or greater. A criminal charge of boating under the influence can be very serious, even if it is your first offense.

At The Law Office of Kevin O'Grady, LLC, I have handled hundreds of cases and have the experience to help you fight your boating under the influence charge. I will work with you to develop a strong defense strategy, and I will pursue all possible avenues to help you obtain the best possible outcome for your case.

Call (808) 521-3367 or contact us online today to schedule a free consultation with our Honolulu BUI attorney.

Understanding BUI Laws in Hawaii

In Hawaii, Boating Under the Influence is governed primarily by Hawaii Revised Statutes (HRS) § 291E-61 and specific maritime regulations. The law prohibits the operation of any vessel—which includes motorboats, sailboats, jet skis, and even kayaks—while under the influence of alcohol, drugs, or a combination of both.

Under state law, a person is considered to be "under the influence" if:

Their blood or breath alcohol concentration (BAC) is 0.08% or higher within four hours after the time of the alleged violation.
They are under the influence of any drug that impairs their ability to operate the vessel safely.
They are under the combined influence of alcohol and any drug.

It is important to note that you do not have to be "drunk" to be charged. The prosecution only needs to show that your "normal faculties" were impaired. Furthermore, Hawaii’s "implied consent" laws apply to the water; by operating a vessel in Hawaii's waters, you are deemed to have given consent to a chemical test of your breath, blood, or urine if an officer has reasonable grounds to believe you are impaired.

Penalties for Boating Under the Influence in Hawaii

Under Hawaii law, the penalties for boating under the influence depend on whether it is a first offense or a repeat offense.

A first offense is a misdemeanor in Hawaii, and the penalties can include:

A maximum fine of $1,000
Up to one year in jail
Probation
Community service
A driver's license suspension

A second or subsequent offense is a felony, and the penalties can include:

A maximum fine of $10,000
Five years to life in prison
Probation
A driver's license suspension

It is important to note that the penalties above are the maximum penalties. In reality, most boating under the influence cases result in fines, community service, and license suspensions.

As your Honolulu BUI attorney, I approach BUI cases with the same scientific and procedural rigor that I apply to land-based DUI cases. As a National College for DUI Defense State Delegate, I have extensive training in the nuances of forensic toxicology and the fallibility of police testing methods.

The Legal Process for BUI Cases in Honolulu

Navigating the legal system can be daunting, especially if you're facing charges related to Boating Under the Influence (BUI). My team is dedicated to helping you understand each step of the legal process, from the moment you're charged to the resolution of your case.

The process for a BUI case involves both a criminal track and, in many cases, an administrative track.

The Stop and Arrest: Whether initiated by the Coast Guard, DLNR, or Honolulu Police Department, the process begins with an investigation on the water. You may be asked to perform FSTs on the boat or be taken to shore for further testing.
Chemical Testing: If you are arrested, you will be asked to submit to a breath or blood test. Refusal to do so can lead to an immediate administrative revocation of your driving privileges.
The Arraignment: This is your first appearance in court, where you will be formally charged and enter a plea. I strongly advise all clients to have representation present at this stage to avoid making self-incriminating statements.
Discovery and Pre-Trial Motions: I will demand all evidence, including the officer’s notes, maintenance logs for the testing devices, and any available video footage. I look for procedural errors, such as a failure to observe the required 15-minute observation period before a breath test.
Trial: If a favorable plea deal or dismissal cannot be reached, I will take the case to trial to fight for an acquittal.

By understanding the legal process, you can make informed decisions about your case. My goal as your Honolulu BUI attorney is to provide you with the support and guidance you need during this challenging time. Contact me today to schedule your initial consultation and take the first step toward protecting your future.

Understanding Your Legal Options After a BUI Charge

Facing a Boating Under the Influence (BUI) charge can be overwhelming, but you have options to navigate this challenging situation. I believe that knowledge is power. Understanding the legal process and potential outcomes can help you make informed decisions about your case.

Here are some legal options you may consider if you are charged with a BUI:

Plea Bargaining: Negotiating a plea deal can sometimes lead to reduced charges or penalties, allowing you to avoid the harsher consequences of a conviction.
Challenging Evidence: As your skilled Honolulu attorney, I can review the evidence against you, including breathalyzer results and witness statements, to identify any weaknesses in the prosecution's case.
Defensive Strategies: Depending on the circumstances, I can explore various defense strategies, such as proving that you were not operating the vessel or that your rights were violated during the arrest.
Seeking Alternative Sentencing: In some cases, I can advocate for alternative sentencing options, such as community service or rehabilitation programs, instead of traditional penalties.

My team is dedicated to providing personalized guidance and support throughout your legal journey. I will work tirelessly to protect your rights and achieve the best possible outcome for your case.

Protect Your Rights with an Experienced Honolulu BUI Attorney

If you have been arrested for boating under the influence, you should contact a criminal defense attorney as soon as possible. You may be unaware that you have a right to a blood alcohol test. This test can help to prove your innocence. You should also not talk to law enforcement about the details of your arrest. Anything you say to law enforcement can be used against you in court. You should instead focus on hiring a criminal defense attorney.

Our Honolulu BUI attorneys have a proven track record of successfully representing clients facing BUI charges and will work tirelessly to achieve the best possible outcome for your case.

When you choose The Law Office of Kevin O'Grady, LLC, you can expect:

Personalized attention and support throughout the legal process
Thorough investigation and analysis of the circumstances surrounding your BUI charge
Aggressive representation in negotiations and in the courtroom
Clear and open communication to keep you informed and involved in your case

At The Law Office of Kevin O'Grady, LLC, our Honolulu BUI lawyers can help you fight your boating under the influence charge. I have handled hundreds of cases, and I have the experience and knowledge necessary to help you obtain the best possible outcome for your case.

Call (808) 521-3367 or contact us online to learn more about how our Honolulu BUI attorneys can help you.

Frequently Asked Questions About BUI in Hawaii

Can the Coast Guard board my boat without a warrant?

Yes. Under federal law, the U.S. Coast Guard has broad authority to board any vessel in U.S. waters for a safety and document inspection without a warrant or probable cause. However, if that inspection turns into a criminal investigation for BUI, specific constitutional protections regarding how they gather evidence and conduct testing still apply.

Will a BUI conviction affect my regular driver’s license?

In Hawaii, yes. Unlike many other states, a conviction for BUI under HRS § 291E-61 can lead to the revocation of your privilege to operate a motor vehicle on land. This is why it is critical to have a Honolulu BUI defense attorney who understands the administrative cross-over between maritime actions and your driver's license.

What if I refuse a breathalyzer test on the water?

Hawaii’s "implied consent" law means that by operating a vessel, you have already agreed to testing. If you refuse, you face an immediate administrative revocation of your driving privileges, which is often longer than the suspension you would face for a first-time BUI conviction itself.

Does "sea legs" really work as a legal defense?

It is a scientifically recognized factor. "Stance instability" caused by the motion of the waves can persist for hours after you reach land. As a BUI defense lawyer in Honolulu, I frequently use this to challenge the validity of physical coordination tests, as the swaying motion of a boat can make even a perfectly sober person appear impaired.

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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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Charged with DUI or OVUII in Honolulu? Discover how we can fight for your freedom!

Why Fight?
With a history of successful results. We can fight together.

Proof
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