DUI Penalties

Honolulu DUI Defense: Protect Your Rights in Hawaii

Contact Our Top DUI Defense Team in Honolulu Now

Any type of criminal conviction can be life-changing. In situations involving DUIs and other drunk driving-related offenses, however, you could be facing repercussions on multiple levels. Unlike other criminal matters, DUI offenses will require two hearings: one in the criminal courts and another hearing with Hawaii's Administrative Driver's License Revocation Office.

If you have been arrested for DUI in Honolulu, your case will be time-sensitive. You could only have a limited amount of time to request a hearing with the ADLRO. I, Attorney Kevin O'Grady, have 25+ years of legal experience and am a member of the National College for DUI Defense. I know how to protect your rights, driving privileges, and freedoms.

Learn how I can help you beat your DUI charge in Hawaii by calling The Law Office of Kevin O'Grady, LLC at (808) 521-3367 now!

Understanding the High Cost of DUI Convictions in Honolulu

Because the stakes can be incredibly high in DUI cases, it will be imperative that you work with a skilled Honolulu DUI attorney as soon as possible. Even first time-offenders could be faced with serious consequences, including a permanent criminal record. DUI convictions in Hawaii carry the following penalties:

Penalties for a First-Time DUI Offense in Honolulu

Maximum fines of $1,000 plus other mandatory court cost
Driver's license revocation for up to 1 year
Jail is authorized and the judge may impose it within his discretion
Installation of an Ignition Interlock Device to operate your vehicle during the license revocation period
Alcohol assessment and treatment
Community service

Consequences of a Second DUI Offense in Hawaii

Second offense

Not less than 240 hours of community service work OR not less than 5 days but not more than 30 days of imprisonment, of which at least 48 hours shall be served consecutively
Revocation of license to operate a vehicle for no less than two years but no more than three years
A fine of no less than $1,000 but no more than $3,000

Severe Penalties for Third and Subsequent DUI Offenses

Third offense

Class C Felony!
Up to 5 years imprisonment

How Long Does a DUI Stay on Your Record in Hawaii?

In Hawaii, a DUI conviction will remain on your criminal record and driving record for 5 years. The five-year period starts on the date of the sentence, rather than the date of the incident.

Additionally, Hawaii does have a look-back period for DUI convictions. The look-back period is 5 years and any prior DUI convictions within the past 5 years will be considered in determining the sentence for subsequent DUI convictions. Therefore, if a prior conviction for a DUI is more than 5 years before the present offense, the present DUI will be treated like a first-time offense.

It's important to note that if you are convicted of a second or subsequent DUI offense, you may face more severe penalties than if it were your first conviction. Furthermore, if you are charged with an aggravated felony DUI, which is defined as a third or fourth DUI conviction within 5 years, the potential penalties can include significant jail time and fines.

Additional DUI Repercussions for Hawaii Real Estate Agents

Besides incarceration, fines, license revocation, and other serious penalties, Hawaii real estate professionals face extra consequences: Extra fines and serious embarrassment. Hawaii’s real estate commission not only penalizes agents who got a DUI conviction with added fines, but also includes their name in the commission’s bulletin for all colleagues to access.

You may never escape the burden associated with your DUI charge, as it remains online indefinitely.

This is a humiliating punishment because all Hawaii real estate agents can see their colleagues’ criminal activity, including DUI. Usually, the commission’s DUI fine is about $500 per offense, but can increase to $2,000 for multiple convictions and/or not truthfully disclosing the respective crime. Essentially, you won’t just suffer a DUI conviction. You’ll also face the stereotypes, shame and lack of credibility from your professional peers.

The public, including your colleagues, can see the following details in the “Administrative Actions” section of the bulletin:

name
case number
conviction date
statute violation
sanctions
crime description

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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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