In Hawaii, driving under the influence of alcohol is called Operating a Vehicle Under the Influence of an Intoxicant (OVUII). Unless the charges get reduced or thrown out, a recent DUI conviction in 2024 will remain on your criminal and driving record for five years, starting on the date of the sentence.
Here are some defenses that may help get a DUI dismissed in Hawaii:
- The officer did not follow proper procedures when using the chemical breath test machine
- The officer did not have probable cause to arrest you
- The DUI checkpoint traffic stop was not legal
- The roadside field sobriety tests are unreliable
- The breath test readings are inaccurate
- The blood test results are inaccurate
You can also challenge the reliability of the arresting officer and the police report. For example, the police witness may make contradictory statements or errors in their testimony.
In Hawaii, the state can get continuances, but if they don’t bring you to trial within six months of arrest, your case can be dismissed.
To apply for an expungement in Hawaii, you can:
- Pay a $35 fee by cashier’s check or money order made payable to the “State of Hawaii”
- Wait 120 days for the expungement process to complete
Best Inexpensive Legal Help How to Fight a DUI in Hawaii While On Vacation
If you are a visiting out-of-state driver arrested for a DUI in Hawaii, you should always speak with a local DUI attorney immediately who will provide free legal advice on what to do next to fight the charges after revewing your arrest details. You can also contact the court clerk’s office where your case is being handled. You should provide your full name, case number, and arrest date.
A recent DUI in Hawaii will be reported to your home state, even if you are on vacation. Your driving privileges could be jeopardized in both states, which is another prime reason to get the best local DUI help to challenge the charges right away so they can get reduced or dismissed as quickly as possible.
2024 penalties for a first-time DUI offense in Hawaii include:
- A suspended license for 90 days
- A maximum of $1,000 in fines
- A one-year license revocation
- A 14-hour rehabilitation program
- 72 hours of community service
- Two to five days in jail
First-time OVUII offenders who register a blood alcohol content at or above 0.08 will face stiffer penalties. These enhanced penalties include the mandated installation of an interlock device in order to regain driving privileges.
Some of the most reliable defenses you can use to fight and beat a DUI charge include:
- The officer did not follow the proper procedure when operating the chemical breath test machine
- The officer did not have probable cause to make an arrest
- There are legal flaws or doubts about any key evidence required to convict
- Inaccurate breathalyzer BAC tests
- Police errors
- Medical conditions
You can also challenge the reliability of the arresting officer and the police report. For example, the police witness who made the arrest may give contradictory statements or make errors in their testimony.
A free OVUII lawyer review of your arrest information is the best way to decide if a local DUI attorney is affordable, and if they sound experienced enough to utilize these types of case-winning defenses effectively.
It is imporant to rememeber that in Hawaii under 2024 OVUII laws, even a first offense DUI conviction will remain on your criminal record and driving record for 5 years unless you are successful fighting to get the charges are dropped or dismissed.
