Honolulu dui Attorney
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Skilled Hawaii DUI Chemical Test Defense Lawyer Located in Honolulu, HI
If your chemical tests, whether administered by blood, breath, or urine, show that your blood alcohol content (BAC) was above the legal limit or that you are under the influence of another intoxicant, your case is not necessarily hopeless. An investigation of a case by Mr. Holcomb may reveal that the reliability of the chemical test were unreliable and/or that the test results should not be considered by the court!
In order to be convicted based on a breath or blood alcohol test, the State must first admit that evidence. If the prosecutor cannot admit the evidence, you should not be convicted of a “per se” DUI. Mr. Holcomb has successfully excluded the chemical alcohol test results in numerous cases! Call now to find out how! (808) 435-6287.
Suppression for constitutional violations and the State’s inability to lay a proper foundation for the evidence often result in the court finding that the test result is inadmissible.
Many factors can lead to an inaccurate test result. Depending on the type of specimen and analysis, the following are some of the factors that should be investigated to ensure the reported chemical test was accurate:
•Radio Frequency Interference – which may be caused, for example, by a police radio, a microwave, or a cellular telephone;
• Mouth Alcohol During Collection of a Breath Sample – which is the presence of alcohol in the mouth, which was not intended to be measured by the Intoxylizer and will result in a false reading;
• Foreign Objects or Substances in the Mouth (for example, a tongue piercing, dental bridges, dentures, braces, etc.);
• Reflux Disease may increase acidity and force alcohol upwards into the mouth or esophagus, thereby creating a false reading;
• Method of Blood Extraction and/or qualifications of the person who drew the blood
• The Blood or Urine Sample must be stored, transported, and preserved properly. Otherwise, it may become scientifically impossible to determine an accurate reading indicating intoxication; and
• Proper Elimination of the Breath or Urine Sample from the Body
Contact a Experienced DUI / OVUII Attorney in Honolulu, HI We are Here 24/7 to Serve You.
These are just some of the possibilities. In fact, there are entire Sections in legal treatises dedicated to the many methods by which a chemical test result can be inaccurate or tainted. Each of these possibilities deserves to be investigated by a competent and dedicated DUI or OVUII defense attorney like Mr. Holcomb. Although no lawyer can guarantee positive results, Mr. Holcomb is well-prepared to litigate the issue of whether your chemical test was inaccurate. Depending on the circumstances, the court may even hold that the test result is inadmissible regardless of its accuracy! Your case is not hopeless. Call me now. (808) 435-6287
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.