In the state of Hawaii, you can be arrested for a Hawaii DUI in one of two ways. First, you can be arrested and convicted if the prosecution can prove that your driving was impaired based on driving pattern and other evidence collected at the scene of the event, such as the results of your field sobriety test. You can also be arrested based on your blood alcohol content (BAC) alone. The state's per se law indicates that it is illegal to drive with a BAC of .08% or higher.DUI Arrests in Hawaii
When you are arrested for suspicion of DUI in the state of Hawaii, one of the first things that will happen is that you will be asked to submit to a BAC test. You can refuse this test, but doing so will increase the consequences you face as a result of your arrest. Talk to a lawyer before deciding whether or not to take the BAC test.
Under current Hawaii DUI laws, you will face two cases as a result of your arrest. The first case is a District Court case, where any potential fines, jail time, or educational requirements will be handled. You will also have an Administrative Driver's License Revocation Office case. In this case, you will risk losing your license. You need to have the help of a qualified DUI attorney to ensure that you can fight to protect your right to drive. Even if you are driving in Hawaii with a license from another state, you could still lose your right to drive if you are convicted of a DUI in Hawaii, so contact a lawyer as soon as you can after your arrest to being making the necessary arrangements.Basic Consequences for First Time Offenders
If your Hawaii DUI charge is the first on your record, you can expect to face the following consequences at your District Court hearing:
Subsequent offenses or aggravating factors will increase these penalties. For instance, if you refuse to take the BAC test, you may face stricter consequences.License Suspension for Hawaii DUI
You will also face a hearing in the Administrative Driver's License Revocation Office. At this hearing, the office will determine how long you will be without the privilege of driving. Typical license suspension times are as follows:
If you are facing your first offense, you may be eligible to receive a probationary license after the first 30 days of your license suspension. This will allow you to drive to your alcohol treatment and education classes or your place of employment. Hawaii has a five-year look back period, so prior DUI convictions are only considered if they occurred within the last five years.Insurance Consequences
You will also face insurance consequences as a result of your Hawaii DUI conviction. For instance, your insurance carrier may decide to drop your coverage. If this happens, finding a new carrier will be a challenge. Your insurance provider may allow you to keep your coverage, but your premiums will increase dramatically. This increase could affect other members of your family who are on your policy as well.