FAQ

  • 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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