Drunk Driving & Implied Consent
You are wrong if you think you can avoid arrest by refusing to take a breathalyzer test. Hawaii is one of many states with implied consent. By operating a vehicle on the state’s roads, you are giving consent to be tested for alcohol and/or drugs through blood, urine, or breath. When you refuse the test, your license will be revoked for up to 10 years, depending on whether you have previous drunk-driving violations.
If you take and fail the intoxilyzer test at the police station your license can be revoked for up to ten years, depending on the number of prior convictions you have. Drivers who are 18 years or older can apply for a limited-use license that requires an ignition interlock device (IID). An IID is a breathalyzer connected to the car’s ignition system. The car will not start if alcohol is detected.
Hawaii OVUII laws specify penalty ranges. Judges impose sentences within the ranges based on the specifics of the case. This subjectivity makes retaining an attorney familiar with the judges and prosecutors all the more important.
Attorney Landsberg has more than 15 years of experience in using aggressive defense strategies for clients facing criminal charges, including OVUII/DUI.
The consequences of drunk driving in Honolulu are based on whether you are a first-time or repeat offender. Other factors also impact the sentence.
- First Offense. You must complete a 14-hour rehabilitation program and your license is revoked for one year. You could also be fined between $250 and $1,000, ordered to fulfill 72 hours of community service, and/or sentenced to 2 to 5 days in jail. The violation is considered a first offense if there is no prior DUI in the last 10 years.
- Second Offense. A second offense occurs when you have a prior DUI/OVUII conviction within 10 years of the subsequent offense. A second offense carries the possibility of between 5 and 30 days in jail or up to 240 hours of community service. Your license can be revoked for 2 or 3 years. You can also be fined between $1,000 and $3,000. A 36-hour substance abuse program must be completed.
- Habitual Offenses. The offense is considered habitual if you have two prior DUI convictions. A habitual offense is a Class C felony, punishable by up to 5 years in prison, fines between $2,000 and $5,000, alcohol monitoring, and required substance abuse counseling. Your license is revoked for 3 to 5 years. Your vehicle can also be forfeited.
- Other Factors. A DUI involving a passenger under the age of 15 carries an additional $500 fine and 48 hours in jail. All highly intoxicated drivers (BAC of .15 or higher) also face stiffer consequences.
An OVUII conviction means more than possible incarceration, fines, and license revocation. A drunk-driving mark on your record can affect your ability to get a job, be approved for a loan, or be accepted into college.
Fighting OVUII/DUI Charges
Contact Landsberg Law Office as soon as you are arrested. When we take your case, Attorney Landsberg will create a personalized defense strategy based on the facts and the type of DUI charge that you're facing.
We can provide an honest, basic assessment of your case in a free consultation. Call (808) 468-7292 to schedule.