Areas of Practice | DUI
If you are facing criminal charges for operating a vehicle under the influence of an intoxicant (OVUII - Hawaii acronym), a traffic or criminal offense related to alcohol or drugs or other type of charge that constitutes a criminal traffic offense, contact the Law Office of John Schum immediately for a free, no-obligation consultation. This is crucial to your case and your future.
A first time DUI in Hawaii may appear to almost be harmless because of the relatively lenient sentence but it is not. A DUI is considered to be a phased offense and future stops will be punished much more severely and can included a life-time loss of your drivers license (even if you are not convicted) and mandatory jail time.
In Hawaii, there are two separate systems that handle a suspected DUI.
- There is an administrative hearing through the Administrative Drivers License Revocation Office (ADLRO) to determine whether your license should be suspended or revoked
- And a criminal hearing through the Court system to determine if you violated the law and need to be punished.
It is important to remember that these two entities are completely separate, they operate in a different manner and you can have inconsistent results between the two.
Protect Your Driver's License
If the police stopped you for a suspected DUI, they probably took your driver's license and gave you various documents. You should have received a package of information about the ADLRO process, a temporary license and a post card notifying you of your right to explain why the ADLRO should not uphold the suspension of your driving privileges. You should have also received a ticket or bail receipt that shows when and where your arraignment is scheduled to take place.
Get Legal Assistance for your DUI
It is in your best interest to have legal assistance explaining your rights and fighting to keep you from losing your license. I can guide you through this process and help ensure that you get the best possible outcome. Once you receive the Notice of Administrative Review Decision informing you that the revocation has been sustained you have a limited amount of time to request a hearing.
At the hearing, you can challenge all aspects of the alleged DUI and if successful, your license will be returned to you. If you don't ask for a hearing, you won't get one and your license will be suspended— even if you have a good defense or mistakes were made by the police officers. Contact me now for a free initial consultation to discuss your options if you are facing drunk-driving charges. Call 808-235-3363 or send me an e-mail with your questions.
Approximately 30 days after your stop, you will have an arraignment in District Court for the criminal charge of operating a vehicle under the influence of an intoxicant (DUI). This will happen even if the administrative revocation is overturned in your case. For you to be convicted of a DUI, the officers must have had a valid reason to stop you. The officers must have received proper training and performed the field sobriety test properly. Additionally, the machine used to determine you blood alcohol content must be properly maintained, the police must have proof that it has been tested within the required period of time and the results must be accurate. Unless you have an attorney that knows how the procedures are suppose to be done, you cannot be sure if the State can convict you of this crime. Give yourself the peace of mind you deserve and call for a free initial consultation for me to review your case.
If you were told that because your BAC was over .15% you are considered a highly intoxicated driver, the penalties are much greater. The suspension period is for six months, you are not eligible for a conditional licensing permit and must pay a minimum fine of $500. There are ways to have the length of the suspension shortened but you have to know what to look and ask for to be successful.
If you refused to allow some sort of testing to determine your blood alcohol content, you automatically lose your license for at least a year. There are also ways to have the length of the suspension shortened in these circumstances but it is much more difficult. I can help you have a chance to get your license sooner.
If you have had one or more alcohol related incidents within the last five years the penalties are even higher. If you are considered an habitual offender, you may lose your license and be subjected to a jail term of up to five years.
This increasing level of punishment begins with the first offense. That is why it is crucial not to roll over the first time. If you find yourself facing a second DUI, you cannot risk the possible punishment and need a lawyer to make sure that everything was done properly. To schedule a free consultation, call 808-235-3363 and make sure you know your rights.
If you were driving under the influence of drugs or alcohol and get in an accident where someone dies, you may be charged and convicted of felony vehicular manslaughter. This is a high profile issue in Hawaii and the prosecuting attorney's office prosecutes these cases looking for significant jail time. You will definitely need an attorney that can ensure that your legal rights and livelihood is protected.