Honolulu Underage DUI Lawyer

Defending Clients Facing Underage DUI Charges in Hawaii

Hawaii has adopted a “zero tolerance law” when it comes to underage DUI. A minor under the age of 21 with any trace of alcohol in their system, or any blood alcohol concentration (BAC) test result of more than 0.02%, will be charged with driving under the influence (DUI).

At The Law Office of Kevin O'Grady, I lead my law firm using 25+ years of legal experience and a background as a law enforcement officer and a military prosecutor. I have the insight and knowledge to anticipate and effectively counter the opposition's arguments with a sound strategy. If you or your child has been charged with an underage DUI in Hawaii, you want my hard-hitting representation on your side.

Worried about how an underage DUI charge could affect your child’s future? Call The Law Office of Kevin O'Grady, LLC today at (808) 521-3367 or contact us online to discuss your legal options and build a strong defense.

What are the Penalties for an Underage DUI in Hawaii?

Do not forget that it is a petty misdemeanor in Hawaii for a minor to possess alcohol merely. The consequences of a misdemeanor conviction in juvenile court could be extensive, creating negative ripples far into your child’s life.

The penalties for underage DUI in Hawaii can be severe, especially for repeat offenders. The state imposes significant fines, license suspensions, and other restrictions on individuals under the age of 21 who are convicted of DUI. Here is an overview of the potential penalties you may face:

First Offense Underage DUI:

• Fines: If you are convicted of a first offense underage DUI, you may be fined up to $500.
• License Suspension: Your driver’s license will be suspended for up to one year. In some cases, you may be eligible for a restricted license that allows you to drive for limited purposes (e.g., work or school), but this depends on the circumstances of your case.
• Mandatory Alcohol Education: The court may require you to complete an alcohol education program or treatment program. This can involve classes, counseling, or assessments to help address substance use issues.
• Community Service: You may also be required to complete community service hours as part of your sentence.

Second or Subsequent Offense Underage DUI:

• Fines: For a second offense, the fine may increase, potentially ranging from $500 to $1,000, and additional fines may apply based on the specific circumstances of the case.
• License Suspension: A second offense can result in a suspension of up to two years, and you may not be eligible for a restricted license.
• Jail Time: Jail time may be imposed for repeat offenders. A second or subsequent offense could result in up to 30 days in jail, though probation and other alternatives may be available.
• Mandatory Alcohol Education or Treatment: The court will likely mandate a more extensive alcohol or drug treatment program for repeat offenders, which may include longer treatment durations or more intensive counseling.
• Community Service: Additional hours of community service may be ordered, along with further restrictions or conditions on your driving privileges.

The penalties increase significantly with each subsequent conviction, and repeat offenders face the prospect of longer license suspensions, higher fines, and possible jail time. If you have been charged with an underage DUI, it’s essential to contact a Honolulu underage DUI lawyer as soon as possible to explore potential defenses and work toward minimizing the impact of these penalties on your future.

What are the Long-Term Consequences of an Underage DUI?

Being charged with an underage DUI can have serious consequences and impact your future in several ways. Aside from the legal penalties, such as fines, license suspension, and even jail time, you may face long-term consequences that can impact your personal and professional life. Understanding these consequences and taking the necessary steps to protect your future is crucial. 

Some potential consequences of an underage DUI include:

• Difficulty obtaining future employment
• Higher insurance rates or difficulty obtaining insurance
• Disqualification from specific scholarships or financial aid opportunities
• Damage to your reputation and personal relationships
• Difficulty obtaining a professional license

Administrative License Revocation (ALR) Process in Hawaii

In Hawaii, a DUI arrest triggers two separate proceedings: the criminal court case and an administrative license revocation (ALR) process through the Administrative Driver's License Revocation Office (ADLRO). The ALR process is independent of the criminal case and can result in a license suspension even if you are not convicted in court.

After an underage DUI arrest, the driver typically receives a Notice of Administrative Revocation, which serves as a temporary driving permit and initiates the ALR process. You have a limited time—usually 8 days—to request a hearing to contest the license suspension. If no hearing is requested, the suspension becomes automatic.

A hearing officer conducts the ALR hearing, which is less formal than a criminal trial. However, it can still lead to significant consequences, including a license suspension of up to one year for a first offense or longer for subsequent offenses. In some instances, drivers may be eligible for a restricted license, but only under strict conditions.

Because the ALR process proceeds quickly and separately from the criminal case, it is essential to act fast and have legal representation to preserve your right to drive and challenge the evidence presented by law enforcement.

Common Defenses for Underage DUI Charges

One common defense is challenging the legality of the traffic stop. If the officer did not have reasonable suspicion or probable cause to pull the vehicle over, any evidence gathered during the stop, including breathalyzer or blood test results, may be inadmissible in court. 

Another defense is disputing the accuracy of the chemical tests used to determine the driver's blood alcohol concentration (BAC). For example, breathalyzers must be appropriately calibrated and maintained for accurate results. If there are doubts about the machine's reliability or the officer's training, the test results might be questioned. Additionally, factors like medical conditions (e.g., acid reflux) or improper testing procedures can result in falsely elevated BAC readings.

The "rising blood alcohol" defense can also be relevant in some cases. Alcohol takes time to be absorbed into the bloodstream, so a driver's BAC might have been below the legal limit while they were driving, but rose above it by the time the test was administered. This defense argues that the test results do not accurately reflect the driver's BAC at the time of driving.

In some cases, the defense might argue that the young driver was not driving or in control of the vehicle. For example, if the vehicle was parked and the driver was asleep in the back seat, the prosecution might struggle to prove that the person was operating the vehicle while under the influence.

Lastly, a defense might focus on whether the arresting officer followed proper procedures during the arrest. If the officer failed to read the driver their Miranda rights or conducted the arrest in a manner that violated the driver's constitutional rights, this could be grounds for having the charges reduced or dismissed.

Why Hire The Law Office of Kevin O'Grady, LLC?

Being charged with an underage DUI can have serious consequences that can impact your future, including your education, employment opportunities, and even your ability to obtain a driver's license. That's why having an experienced Honolulu underage DUI lawyer by your side is essential to navigate the legal system and work towards the best possible outcome.

At The Law Office of Kevin O'Grady, LLC, we understand the complexities of underage DUI cases and the unique challenges faced by juveniles and young adults. Our compassionate yet relentless legal counsel is dedicated to protecting your rights and advocating for your future.

When you choose us as your criminal defense team, we will:

• Thoroughly investigate the circumstances surrounding your charges
• Challenge any evidence that was obtained illegally or improperly
• Negotiate with prosecutors to reduce or dismiss your charges
• Advocate for alternative sentencing options to minimize the impact on your future

Contact Our Honolulu Underage DUI Attorney Today  

As a Honolulu underage DUI attorney who genuinely cares about the future well-being of my clients, I work closely with everyone who retains my services. When you are feeling the weight of underage DUI charges or if you are worried sick for your child, lean on me for legal and moral support. I am committed to providing in-depth and personalized legal advocacy to secure a case dismissal, charge reduction, or not guilty verdict.

Take the first step toward protecting your future. Call now to speak with an experienced Honolulu underage DUI lawyer and get the guidance you need.