Honolulu dui Attorney
Here to Help!
Experienced and Knowledgeable DUI / OVUII Appeals Lawyer Located in Honolulu Hawaii
Appellate practice is a very important aspect to Honolulu OVUII / DUI and/or criminal practice. You have thirty days after a conviction (or ADLRO revocation) to file an appeal. Honolulu DUI and criminal appeals attorney Richard L. Holcomb encourages all clients, with very limited exceptions, who have received unfavorable decisions either in court or in the administrative driver’s license revocation hearing (ADLRO) to file appeals. An appeal can not only win your case, but also change the law for the better for all Hawaii and American citizens. Indeed, appellate decisions are what create the law.
Appeals really can make a difference. For example, most states did not provide defense lawyers to indigent (poor) criminal defendants until Gideon v. Wainwright was decided. For those interested, Gideon’s Trumpet is a remarkable inspirational read. Basically, Mr. Gideon was an inmate who was convicted without a lawyer. With very limited knowledge and resources, Mr. Gideon filed appeals (which were basically just letters) all the way up the United States Supreme Court. Ultimately, the United States Supreme Court held that criminal defendants are entitled to have the government provide a lawyer to defend them. Now we take Public Defenders and court-appointed lawyers for granted. This case illustrates the power of appeals and the difference that one persistent person can make, regardless of their socio-economic background or role in society.
A Strategic Defense to Fight Tough DUI Cases in Honolulu Hawaii
Appeals have had huge impacts on Honolulu and Hawaii DUI cases. For example, in November 2009, the Hawaii Supreme Court issued an opinion that resulted in the dismissal of approximately 1500 Hawaii DUI / OVUII cases. In April of 2012, the Hawaii Supreme Court issued another opinion that, at the time of this writing, is expected to result in the dismissal of a comparable number of DUI’s in Hawaii and, particularly, in Honolulu. Mr. Holcomb won a significant Hawaii Supreme Court case in April 2012 that will also have a lasting impact and, hopefully, prevent the knee-jerk holdings of Honolulu District Court judges who dismiss cases without prejudice – leaving room for the State to re-file the charge against a Defendant – without regard to the facts of the particular case.
Contact a Skilled DUI / OVUII Defense Attorney to help with your HI DUI Charge.
The problem with appeals is that you must raise most issues at or before the trial proceedings. Otherwise, the appellate courts, even if they agree with your issue, will hold that you have waived it. Accordingly, you need a lawyer like Honolulu DUI / OVUII attorney Richard L. Holcomb who has already planned your appeal and will continue to do so as your case progresses. The worst thing that can happen is for an appellate court to acknowledge that your conviction should be overturned, however, because your inept lawyer did not say “we object,” you still lose.
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.