Honolulu dui Attorney
Here to Help!
Anyone Can Be Stopped For Drunk Driving in Honolulu HI.
If you took a breath or blood test, your case is not hopeless! You need a lawyer! Hawaii, like most states, has criminalized driving with an alcohol level above a certain amount (.08% for DUI and .02% for Underage DWI grams per 120 liters of blood). People who submit to a test often believe that their case cannot be successfully defended because of the test results. This is not true! If you have been arrested for DUI or, in Hawaii OVUII, then you should contact an attorney.
Honolulu DUI lawyer Richard L. Holcomb has successfully defended hundreds of cases where there is an incriminating breath or blood alcohol content test performed. If the prosecutor cannot get the Blood or Breath test result into evidence, then in Hawaii, it is highly unlikely that you would be convicted of the “per se” DUI charge or, DUI defense attorneys often call it the (a)(3) provision, referring to section 291E-61(a)(3) of the Hawaii Revised Statutes.
First, a skilled attorney will move to suppress the test. Attorney Richard Holcomb has achieved the suppression of breath or blood alcohol tests due to the content of the form in dozens of cases.
In Hawaii, an OVUII Defendant must knowingly and voluntarily decide to take the test. Because of this, the Honolulu Police Department will routinely read a form to a person charged with OVUII. As of the drafting of this webpage, the form states the following:
1. Any person who operates a vehicle upon a public way, street, road or highway or on or in the waters of the State shall be deemed to have given consent to a test or tests for the purposes of determining alcohol concentration or drug content of the person’s breath, blood, or urine as applicable.
2. You are not entitled to an attorney before you submit to any test or test to determine your alcohol and/or drug content.
3. You may refuse to submit to a breath or blood test, or both for the purpose of determining alcohol concentration and/or blood or urine test, or both for the purpose of determining drug content. If you do refuse, the none shall be given, except as provided in section 291E-21. However, if you refuse to submit to a breath, blood, or urine test, you may be subject to up to the sanctions of 291E-65 if you are under 21 years of age at the time of the offense. In addition, you may also be subject to the procedures and sanctions under chapter 291E, part III.
Honolulu Drunk Driving Defense Lawyer That Has The Resources And The Skills To Help You.
Mr. Holcomb is well-prepared to litigate whether your blood or breath test were administered and the and the evidence was handled properly. If you have been arrested and charged with Hawaii DUI you owe it to yourself to contact Honolulu DUI defense lawyer Rick Holcomb as soon as possible.
Rick Holcomb's knowledge on DUI helped me to maintain my confidence in him throughout my case. Rick committed to me like I was his only client and made his best efforts to make my case go as smoothly as possible. Rick never made me any promises on the outcome of my case and was very honest and upfront with me on all parameters...
- Steve D.
Court is a stressful, frightening experience. Richard carefully explained everything and had great professional rapport with the court which helped ease my tension with the process. Recommend highly!!
- Lisa B.
A+++Lawyer!!! Mr. Richard Holcomb and his agency helped me to get out from under the clutches of two creditors who threatened to sue me for funds I may not have even owed them. Mr. Holcomb kept me informed the whole way and got me two great settlements, even if it meant his firm got less.
- Brad B.
What is Operating a Vehicle Under the Influence of an Intoxicant?
This is Hawaii’s DUI law. You can be convicted of OVUII if you operate or have physical control of a vehicle and any of the following is true:
- You have an alcohol concentration of 0.08 on either a breath or blood test; or
- Your mental faculties are impaired by any amount of alcohol; or
- Your ability to operate a vehicle carefully is impaired by any amount of drugs.
As you can see, you don’t have to blow a certain number to be convicted of drunk driving in Hawaii. It will be enough if any amount of drugs or alcohol impairs your ability to drive safely.
Can I refuse to take a breathalyzer?
Yes. However, Hawaii (like virtually every other state) has an implied consent law. Essentially, this means you consent to take a breathalyzer when you accept a driver’s license. If you refuse to take the test, your license gets suspended for at least a year. That’s even if you aren’t convicted of DUI/OVUII.
Will I go to jail for a first-time DUI offense?
It’s possible, though not certain. If this is your first DUI offense, or the first in a five-year period, a judge can sentence you to 72 hours of community service, a fine between $150-1,000, or between 2 and 5 days in jail. Judges have discretion, so you might only receive the fine or community service or both and avoid any time in jail.
Will I lose my license for a DUI/OVUII conviction?
Yes. Your license will be revoked for one year if you are convicted of OVUII. However, you might qualify for a restricted license with the installation of an ignition interlock device.