First DUI Offense

First DUI Offense Legal Services in Honolulu, HI

Expert Legal Defense for Your First DUI Offense

If you have been arrested for driving under the influence (DUI) in Honolulu, you may be feeling overwhelmed and uncertain about what comes next. Hawaii’s DUI laws impose severe penalties even for first-time offenders, including license suspension, fines, and possible jail time. However, a DUI charge does not mean an automatic conviction. With the help of an experienced Honolulu DUI defense attorney, you may be able to reduce or dismiss the charges against you. 

At The Law Office of Kevin O'Grady, LLC, we specialize in providing comprehensive legal defense for individuals charged with their first DUI. Our experienced team is dedicated to protecting your rights and minimizing the impact of a DUI charge on your life.

Are you facing charges for a DUI? Call The Law Office of Kevin O'Grady, LLC today at  (808) 521-3367or contact us online for a FREE consultation with our experienced DUI defense attorney in Honolulu.

Understanding First DUI Offense Charges in Hawaii

Under Hawaii Revised Statutes (HRS) §291E-61, it is illegal to operate a vehicle under the influence of alcohol or drugs if:

  • Your blood alcohol concentration (BAC) is 0.08% or higher (0.04% for commercial drivers, 0.02% for drivers under 21)
  • You are impaired by alcohol, drugs, or both to the extent that you cannot safely operate a vehicle

Even if your BAC is below the legal limit, you can still be charged with DUI based on observed impairment.

Penalties for a First-Time DUI Conviction in Honolulu

If convicted of a first DUI offense, you may face:

  • Driver’s license revocation for one year
  • Fines ranging from $250 to $1,000, plus additional fees
  • Up to five days in jail
  • Minimum 72 hours of community service
  • Mandatory substance abuse treatment, including alcohol or drug education programs
  • Requirement to install an ignition interlock device (IID) in your vehicle

A DUI conviction can also impact your insurance rates, employment opportunities, and personal reputation.

How The Law Office of Kevin O’Grady Can Help

If you are arrested for DUI in Honolulu or anywhere in Oahu, you need immediate legal representation. Attorney Kevin O’Grady has extensive experience defending DUI cases and will:

  • Investigate the circumstances of your arrest to uncover legal errors
  • Challenge the accuracy of breathalyzer and blood tests
  • Analyze whether law enforcement followed proper procedures
  • Fight to suppress evidence obtained unlawfully
  • Negotiate with prosecutors to reduce charges or penalties
  • Aggressively defend you in court if necessary

With a deep understanding of Hawaii’s DUI laws, Attorney Kevin O’Grady will fight to protect your rights, driving privileges, and future.

Defenses Against a First-Time DUI Charge in Hawaii

Even if you were arrested for DUI, you still have options. Common DUI defenses include:

  • Lack of probable cause – If the police did not have a valid reason to stop you, your case may be dismissed.
  • Inaccurate breath or blood test results – Testing devices must be properly calibrated, and mishandling can lead to false readings.
  • Violation of your rights – If officers failed to follow legal procedures or did not read your rights, evidence may be suppressed.
  • Medical conditions or diet – Certain conditions (such as diabetes) and diets (such as keto) can cause false BAC readings.
  • Rising BAC defense – If your BAC was below the legal limit while driving but increased by the time you were tested, this can be used as a defense.

A strong DUI defense strategy can make a significant difference in the outcome of your case.

Exploring Expungement and License Suspension Options

For those convicted of a first DUI offense, exploring expungement options can be a valuable step in mitigating long-term consequences. Our Honolulu first DUI attorneys can advise you on the eligibility and process for expungement in Hawaii. Additionally, we will assist you in understanding the implications of a license suspension and explore potential avenues for obtaining a restricted license to maintain your mobility. 

Impact of a First DUI on Insurance and Next Steps

A first DUI conviction can significantly impact your insurance rates, often resulting in higher premiums. Our legal team will provide guidance on how to manage these changes and work towards minimizing their impact. Taking proactive steps, such as completing recommended programs and maintaining a clean driving record, can help in negotiating better insurance terms in the future. For more information on managing the impact of a DUI on your insurance, visit our first DUI impact on insurance page.

Contact Our Honolulu First Time DUI Lawyers

If you are facing a first DUI offense in Honolulu, it is crucial to act quickly and seek professional legal assistance. The Law Office of Kevin O'Grady, LLC is here to provide the support and expertise you need to navigate this challenging time. Contact us today to schedule a consultation and take the first step towards protecting your future. Visit our contact page to get started.

Are you facing charges for a DUI? Call The Law Office of Kevin O'Grady, LLC today at (808) 521-3367 or contact us online for a FREE consultation with our experienced DUI defense attorney in Honolulu.

Oahu DUI FAQs

What should I do if I get arrested for DUI in Honolulu?

  • Stay calm and remain silent – Do not admit guilt or answer questions without an attorney.
  • Do not refuse a breathalyzer test, as this can result in additional penalties.
  • Contact a DUI lawyer immediately to protect your rights.

Will I lose my license for a first-time DUI in Hawaii?

Yes, a first-time DUI conviction carries a mandatory one-year license suspension. However, you may be eligible for a restricted driving permit with an ignition interlock device (IID).

Can a DUI charge be reduced or dismissed?

Yes. An experienced DUI lawyer can negotiate for a lesser charge (such as reckless driving) or challenge evidence errors that could lead to dismissal.

Will I go to jail for a first-time DUI in Honolulu?

Hawaii law allows up to five days in jail for a first DUI offense, but alternative sentencing (such as community service or alcohol education programs) may be possible.

How can a DUI attorney help me?

A DUI defense attorney will:

  • Review your case for legal errors
  • Challenge the validity of the BAC test
  • Defend you in negotiations and court
  • Help you avoid or minimize penalties

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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