Multiple DUI Attorney in Honolulu, HI
Get Help with Your Multiple DUI Charges from Kevin O'Grady
Have you been arrested for driving under the influence (DUI) multiple times? If so, you may be wondering if you can be charged with a felony for a third or subsequent DUI. In addition, you may be wondering if there are any legal defenses that can be used to fight a third DUI charge.
Fortunately, there are legal defenses to use against a third DUI charge. In addition, you may be able to fight a third DUI charge if you have been arrested for a subsequent DUI.
What Is Considered a Third DUI in Hawaii?
In Hawaii, a third DUI is a DUI that occurs when a person is charged with a DUI for the third time. In addition, a third DUI can also occur when a person is charged with a DUI for the third time within five years.
A third DUI charge is a misdemeanor in Hawaii. If convicted of a third DUI, a person can be sentenced to up to one year in jail and/or a fine of up to $2,500.
In addition, a third DUI can be charged as a felony if there is a prior conviction for a felony DUI or if a person is charged with a DUI while their license is already suspended or revoked. A felony DUI is punishable by up to five years in prison and/or a fine of up to $5,000.
What Are the Penalties for a Third DUI in Hawaii?
The penalties for a third DUI in Hawaii depend on whether a person's license is suspended or revoked at the time of their arrest. If a person's license is suspended or revoked, they can be charged with a felony for a third DUI. In addition, a third DUI charge can become a felony if a person's license is suspended or revoked and they are charged with a DUI.
What Are the Legal Defenses for a Third DUI?
There are several legal defenses that can be used against a third DUI charge. The most common legal defense used against a third DUI is that a person was not intoxicated while driving. In order to be convicted of a DUI, a person must be proven to be intoxicated at the time they were driving. If a person was not intoxicated at the time they were driving, they can use this legal defense.
Other legal defenses to fight a third DUI charge include:
- The police did not have probable cause to stop a person
- The police did not have probable cause to make an arrest
- A person's BAC was not over the legal limit at the time of their arrest
- A person's license was not suspended or revoked at the time of their arrest
If you have been arrested for a third DUI, you should contact The Law Office of Kevin O'Grady for help. Mr. O'Grady is a former prosecutor who has handled hundreds of DUI cases. He has the knowledge and experience necessary to help you fight your DUI charge.
Contact Our Multiple DUI Attorney in Honolulu for a Free Consultation
A third DUI is a serious criminal offense in Hawaii. If convicted, a person can be sentenced to jail time and/or a fine. In addition, a third DUI can be charged as a felony if a person's license is suspended or revoked at the time of their arrest.
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).
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.
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.
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.
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.