Driving Under the Influence (DUI)

A large part of the Honolulu criminal defense law practice of Laura Yoshida, Attorney at Law, L.L.C., is devoted to representation of persons charged with driving under the influence (DUI) on the Hawaiian island of Oahu.

Definitions

Driving Under the Influence (DUI) is defined as being in actual, physical control of a vehicle with a blood alcohol concentration of .08 or greater, or being intoxicated enough by alcohol or drugs so that it impairs your mental faculties or ability to drive in a careful and prudent manner.  Blood alcohol concentration (BAC) is normally measured by chemical analysis of either the breath or blood.  The test should be conducted within three hours of the time the driver is stopped for the alleged violation. 

Penalties

The punishment for a first offense includes participation in a 14-day treatment program, a 90-day suspension of your license, small fines (surcharges), and either 72 hours of community service, a jail sentence from 48 hours to five days, or a fine of anywhere from $150 to $1,000.  Punishments increase for second and third offenses, such as increases in the number of hours of community service, the number of days in jail (up to 30), the potential fines, and the length of the license suspension (up to five years).  The offender's vehicle is also subject to forfeiture on the third offense.

Further Penalty Enhancements

If an adult driver (over 18 years old) is cited for DUI with a passenger in the vehicle under 15 years old, an additional fine of $500 and 48 hours in jail are added.

A highly intoxicated individual (.15 BAC) is subject to a six-month license suspension on the first offense.

A habitual offender is one who is convicted of DUI after having been convicted more than three times in the previous ten years.  A habitual offender is guilty of a Class 3 felony and is subject to either an indeterminate prison sentence of five years or five years of probation with certain conditions, such as ten days in jail, a license revocation from one to five years, and various fines and surcharges.  Also, the habitual offender's vehicle is subject to forfeiture by the state.

New Law for July 2010

New DUI laws will become effective July 2010, raising the possibility of higher penalties at all levels, as well as placing the offender on a period of probation for one year for a first offense with longer terms for multiple offenders or highly intoxicated drivers.  There is also a great deal in the new legislation on installing ignition interlocks during periods of license revocation and providing interlock permits along with restricted permits.

See our DUI FAQs page and DUI Fact Sheet for more information.  If you have been arrested for DUI, contact the law office of Laura Yoshida today for a free initial consultation with an attorney regarding how we can help you retain or recover your driver's license and avoid other administrative and criminal penalties.