DUI is a serious offense in Hawaii, as in most other states. Even if you are visiting the state as a vacationer, the rules that apply to the residents will apply to you, including implied consent laws. If you are facing DUI charges, consider talking to a top lawyer immediately. Top law firms like Holcomb Law, LLLC offer incredible support for clients and can turn things around in many situations. In this post, we are sharing more details about what may happen when you face a DUI charge.
Understanding the proceedings
If you are arrested for DUI or OVUII in Hawaii, you will have to go through two different proceedings. The first one is an administrative hearing, which concerns your license revocation, and the other one is a criminal case. Once you are bailed out, you will have a court date, which is the arraignment date. You will have to make an appearance and say whether you are guilty or not. Unless you are a habitual offender, you don’t get a jury trial. A habitual offender in Hawaii is someone who has had two prior DUI convictions in the last ten years.
The trial
After six weeks of the arraignment date, you will have a court date. The state will have to present evidence to prove that you were drunk or intoxicated at the time of the arrest. If your blood alcohol content was .08 or higher, you would typically get convicted unless you have evidence to prove otherwise. The prosecution has the right to present witnesses, who are expected to be present on the date of the hearing, but if they fail to do so, the court will usually allow another 30 days. However, if the state fails to bring you to trial within six months from your arrest date, you might have the case dismissed.
Get a lawyer
Facing DUI charges can be overwhelming, and eventual conviction can have far-reaching implications. You need to find an attorney who is reliable and knowledgeable, and capable of defending you. There are various defenses used for DUI cases. For instance, the lawyer may have evidence to prove that the blood test reports were not accurate or the police officer didn’t follow the protocols or failed to read your Miranda rights.
Don’t let your DUI conviction impact your life ahead. Hire an attorney to achieve the best possible outcome for your given circumstances.