Drug DUI

Honolulu Drug DUI Lawyer

Aggressively Fighting Your Drug DUI Charges in Hawaii

Hawaii is one of the strictest states when it comes to DUI charges. If you have been arrested for driving under the influence, you need to hire a lawyer immediately. An experienced drug DUI attorney in Honolulu, HI, can help you fight your charges and defend your rights.

At The Law Office of Kevin O'Grady, LLC , we are dedicated to helping people get their lives back on track after a DUI arrest. We have handled thousands of DUI cases, and we know how to get results.

Have you been arrested for a DDUI? Call The Law Office of Kevin O'Grady, LLC today at (808) 521-3367 or contact us online to schedule a consultation with our drug DUI attorney in Honolulu.

What is a Drug DUI in Hawaii?

In Hawaii, driving under the influence of drugs (DUI) is treated the same as a DUI for alcohol. The main difference is that while an alcohol DUI is based on your BAC, a drug DUI occurs when a law enforcement officer suspects you are impaired by drugs, whether they are prescription, over-the-counter, or illegal drugs.

Under Hawaii’s DUI laws, a person can be charged with drug DUI if:

You are under the influence of drugs and unable to operate a vehicle safely.
You have a measurable amount of drugs in your system while driving.

What Are the Penalties for a Drug DUI in Hawaii?

If you are convicted of a drug DUI, you could face the following penalties:

First offense: A minimum $500 fine, 90-day license suspension, and up to 30 days in jail
Second offense: A minimum $750 fine, 1-year license suspension, and up to 90 days in jail
Third offense: A minimum $1,500 fine, 1-year license suspension, and up to 1 year in jail

You can be charged with a refusal if you refuse to submit to a chemical test or if you test positive for an intoxicating substance. The penalties for a refusal can be the same as a DUI charge, except for the mandatory license suspension. In most cases, your license will be suspended for at least 1 year for a refusal.

The Legal Process for a Drug DUI in Hawaii

If you are arrested for a drug DUI in Honolulu, the process typically begins with a traffic stop. Law enforcement officers may pull you over for a variety of reasons, such as erratic driving or the failure to follow traffic laws.

Once you are pulled over, the officer will look for signs that you may be under the influence of drugs. These signs may include:

Bloodshot eyes
Slurred speech
Unsteady movements
The smell of drugs or alcohol
Lack of coordination

If the officer has reasonable suspicion that you are under the influence of drugs, they may ask you to perform a field sobriety test. These tests are used to assess your coordination, balance, and ability to follow directions. If you fail these tests, the officer may arrest you for a drug DUI.

Once you are arrested, the officer may request a chemical test to determine if drugs are present in your system. You may be asked to submit to a blood, urine, or saliva test. Refusing to take these tests can lead to additional penalties, including a license suspension. If you refuse a drug test, you may face legal consequences for refusal, which can further complicate your case.

How To Fight Against a Drug DUI Charge?

There are several ways that an experienced drug DUI attorney in Honolulu can help you fight your DUI charges. You may be able to have your charges reduced or dismissed if there are mitigating circumstances, such as medical conditions or prescription medications. You may also be able to have the results of your breath or blood tests excluded if the police conducted the tests improperly.

Contact Our Honolulu Drug DUI Attorney Today

If you have been arrested for drug DUI in Honolulu, do not try to represent yourself in court. Without the proper experience and knowledge, you may not be able to get the best possible outcome for your case. At The Law Office of Kevin O'Grady, LLC, we know how to get results, and we can help you fight your charges. We can review the details of your case, and we will help you find the best possible solutions for your unique situation.

Contact The Law Office of Kevin O'Grady, LLC for a free consultation with our Honolulu drug DUI lawyer. We can be reached at (808) 521-3367. We are available to answer your questions.

What Drugs Can Lead to a DUI Charge?

In Hawaii, you can be arrested and charged with a drug DUI if you are under the influence of any drug that impairs your ability to drive. The most common drugs that can result in a DUI charge include:

Prescription medications, including painkillers, anti-anxiety drugs, and antidepressants.
Marijuana.
Illegal drugs such as cocaine, methamphetamines, heroin, and other controlled substances.
Over-the-Counter drugs, such as cold or allergy medications.

Defenses for Drug DUI Charges

There are several defenses that a Honolulu drug DUI lawyer may use to challenge the charges against you. Some common defenses include:

Lack of Probable Cause for the Traffic Stop: If the officer did not have a valid reason to pull you over or lacked reasonable suspicion to suspect you were under the influence of drugs, the court may determine that the traffic stop was unlawful and that the evidence obtained during the stop is inadmissible.
Improper Testing or Handling of Evidence: If the chemical test results are inaccurate due to improper testing procedures, contamination of the sample, or mishandling of evidence, it may be possible to challenge the validity of the results and reduce the charges against you.
Prescription Medications: If you were using prescription medication and were following the instructions of your doctor, you may have a valid defense. However, it’s important to work with an attorney who can show that the medication was taken as prescribed and that it did not impair your ability to drive.
Inability to Prove Impairment: For a drug DUI conviction to stand, the prosecution must prove that you were impaired to the point where you could not safely operate a vehicle. If the prosecution cannot establish that your ability to drive was impaired, your charges may be reduced or dismissed.

Why Hire a Honolulu Drug DUI Lawyer?

Our firm can be an invaluable asset when you are facing a drug DUI charge. A skilled attorney will carefully analyze the facts of your case, including any evidence collected by law enforcement, and use that information to build a strong defense. They can help you understand the potential consequences of a drug DUI conviction, guide you through the legal process, and represent your interests in court.

If you are facing a DDUI charge in Hawaii, do not wait to seek legal assistance. The penalties for a drug DUI conviction can be severe and have long-lasting consequences. A Honolulu drug DUI attorney can provide the legal support and guidance you need to achieve the best possible outcome for your case.

Get a free consultation with our Honolulu drug DUI lawyer at The Law Office of Kevin O'Grady, LLC. Call (808) 521-3367 or reach out online anytime—our team is available to assist you.

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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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With a history of successful results. We can fight together.

Proof
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