Underage DUI

Hawaii Underage DUI Charges

Honolulu Underage DUI Lawyer – (808) 521-3367

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 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 knowledgeability needed to anticipate the arguments of the opposition and effectively counter them with a sound strategy. If you or your child have been charged with an underage DUI in Hawaii, you want my hard-hitting representation on your side.

Facing charges for underage DUI? Contact a Honolulu underage DUI attorney from my firm now. Call (808) 521-3367 today!

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 merely possess alcohol. 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 for 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 license suspension of up to two years, and you may not be eligible for a restricted license.
Jail Time: For repeat offenders, jail time may be imposed. 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 important 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 also face long-term consequences that can impact your personal and professional life. It is crucial to understand these consequences and take the necessary steps to protect your future.

Some potential consequences of an underage DUI include:

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

Protect Your Future: The Importance of Hiring an Experienced Honolulu Underage DUI Lawyer

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 it's important to have an experienced Honolulu underage DUI lawyer by your side 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

SCHEDULE A CONSULTATION

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 properly calibrated and maintained to provide accurate results. If there are doubts about the machine's reliability or the officer's training in using it, the test results might be called into question. 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 actually 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.

Compassionate Yet Relentless Legal Counsel

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 absolutely committed to providing in-depth and personalized legal advocacy that aims to secure a case dismissal, charge reduction, or not guilty verdict.

If your child is facing charges for underage DUI, call (808) 521-3367
to schedule a free consultation with our underage DUI lawyer.

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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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