What Happens to First Time DUI Offenders in Hawaii?
The state of Hawaii uses a stringent legal limit for Alcohol when it comes to Driving under the Influence convictions. A arrested for suspected DUI must pass the Blood alcohol exam with less than .08% BAC and .04 BAC for commercial vehicle operators through a breathalyzer or a chemical test with the penalty for being convicted with a DUI charge is unsympathetic as compared to other prosecution strictures in adjoining states.
Compared to a minimum jail sentence of 48 hours, a non-minimum incarceration order for some states which can be anywhere from five minutes to an hour in jail, Hawaii enforces a minimum 48 hours to Five days jail time for first time offenders convicted of a DUI charge. For lawbreakers convicted of a DUI charge and have been found to a limit of .15% BAC or higher (Highly Intoxicated Driver), will have an imposed sentencing with non-waivable terms and cannot benefit from parole or suspension of sentencing under any given circumstance for a prescribed duration of the court. Depending on the accord of arrest charges, Highly intoxicated Driving charges can merit an extended prison sentence and increased fines. The community damages and an accordance of court and probation and incarceration costs is also charged to the offender, with an average of $150 but no more than $1000 aimed at the reprobate as part of sentencing requirements.
DUI conviction from previous cases do matter in the state of Hawaii. There is a five year look back window for previous convictions to count as secondary or tertiary offenses and will add sentencing and court ordered fines on a DUI arrest. Suspension for driving license also increases dramatically if an offender is found to have outstanding DUI arrest records in the past five years. There is a 14 hour mandatory substance abuse education program required for all convicted DUI offenders which compose of counseling and education on DUI and alcohol abuse. The court may impose an additional thirty day license suspension above the ninety day prescribed suspension period with no restrictive driving privileges depending on arrest circumstance. Seventy two hours of community service is also ordered with no less than 48 hours of imprisonment from a statutory five day sentence.
The minimum DUI arrest protocol for offenders under the age of 21 is .02 register for BAC on a breathalyzer. Depending on court discretion, the offender may be ordered to any or a combination of imprisonment, community service and a mandatory completion of an alcohol education and substance abuse education program with suspension of driver’s license.
The state’s drunk driving laws are referred to as “operating a vehicle while under the influence of an intoxicant,” giving rise to the slightly awkward abbreviation OVUII.
However, Hawaii’s OVUII laws are strikingly similar to other states’ DUI (driving under the influence) and DWI (driving while intoxicated) laws. Anyone driving a vehicle in Hawaii, whether a resident or a visitor, should be aware of the state’s laws regarding driving under the influence and the penalties for breaking them.
Get Hawaii DUI Help: Repeat Offenses for DUI Arrests
There are heavy implications for a DUI charge criminally and administratively in the state of Hawaii. Your driving competency will be put into question and a DUI charge will be taken into consideration if you decide to get licensing to drive commercial vehicles as well as make an indelible mark on your criminal record.
A conviction for DUI has long term effects with employment and personal records and will determine sentencing and fines for future DUI offenses. Since the State of Hawaii encourages administrative sanction and prosecution of DUI convicted offenders aside from pursuing criminal and state charges, repeat DUI convictions can result to the permanent revocation of your driving license as issued by the DMV.
Repeat offenders, depending on severity and circumstance of arrest charges will be subject to heavier criminal and administrative penalties which are discretionary to the prosecuting Judge and may not be clearly stated as it varies. The form of sentencing is more unrestricted as more mitigating circumstances and repeat offenses are presented, where prosecution will try and lobby for the maximum prison sentencing parameter as well as extensive community and court appointed fines and fees.
The criminal punishment for repeat DWI offenders who cause community property damage and even worse accidents which lead to bodily harm and fatality will be subject to the highest form of prosecution claim and may incur more severe criminal charges such as Felony DWI which have a broader sentencing definition.
Hire an experienced Hawaii DUI Attorney
The most important aspect of your defense is hiring a law firm that has a deep understanding of the DUI laws that govern conviction, plea bargaining, appeal and sentencing for Hawaii. There are reputable law firms with an established practice that will make a significant difference in the outcome of your DUI charge. You can contact DUI lawyers either by phone or online. The first consultation is completely confidential and is normally free of charge.