What Is The Court Process For A Dui In Hawaii?
In Hawaii, persons who are arrested for DUI have to go through two separate proceedings. The administrative license revocation process and court. Here, you will find out what to expect at court.
-
Initial Appearance
When you bailed out, or were released the next day by a judge, you were given a court date. Generally speaking, that is your arraignment date. Arraignment is where you enter an appearance and say whether you are guilty or not guilty. You do not have the right to a jury trial unless charged with Habitual DUI.
Trial
Your next court date will be about 6 weeks after the arraignment date. That is when the State, through the Prosecutor's Office, must present evidence to show beyond a reasonable doubt that you were driving while impaired at the time of arrest. For blood alcohol cases, a blood alcohol content of .08 or higher is enough to secure a conviction.
If the State's witnesses aren't there at the first court appearance, they will generally be allowed to continue the case for about one month to try and get their witnesses into court. The State may get a number of continuances, but if they don't bring you to trial within 6 months of arrest, your case can get dismissed because you have a right to a speedy trial.
Other Hawaii Drunk Driving Defense FAQs
-
Q:
Can Blood Alcohol Evidence Be Kept Out Of The Trial?
A: Often, the blood alcohol evidence may be kept out of your case, either because of technically deficient results, or because the State is unable to get their witnesses … More -
Q:
What Are The Criminal Penalties For Dui?
A: If you are convicted for a first offense, or an offense that is treated like a first offense because it is not "... preceded within a fiveyear period by a … More -
Q:
Can The Court Suspend My Driving Privileges?
A: A suspension of your driving privileges for a criminal conviction for DUI, means that you must surrender to the court, and thus cannot use, your driver's license for … More -
Q:
Why Can The Court Suspend My Driving Privileges If They Are Already Suspended?
A: It is both statutorily prohibited, and a logical impossibility, to suspend driving privileges that have all ready been administratively revoked by the ADLRO. However, … More -
Q:
Will I Have To Go To Treatment?
A: HRS § 2914(c) also requires that: (c) Whenever a court sentences a person pursuant to subsection (b), it shall also require that the offender be referred … More -
Q:
Are There Other Fines And Costs?
A: In addition to the fines described above, you will also be required to pay a total of $107.00 to help to fund driver's education classes and as a special DUI … More -
Q:
What Is Proof Of Financial Responsibility?
A: Fortunately, an "SR22" is no longer required for first offense DUI convictions, and those whose convictions are treated as first offenses. HRS § … More -
Q:
What Is Habitual Dui?
A: If you have had three prior DUI convictions within the past ten years you may be facing a felony Habitual DUI charge. Habitual DUI was passed by the legislature about … More -
Q:
What Are The Penalties For Habitual Dui?
A: Habitual DUI is a class C felony, punishable by up to five years in jail. You also could face a lifetime license revocation. If you have had the prior convictions, and … More -
Q:
What Is Mandatory Car Registration Revocation?
A: The 2000 legislature has passed a bill which calls for mandatory car registration revocation for a 2nd and subsequent Alcohol Contact (civil or criminal convictions). … More
Minor in Possession Charge
Featured Hawaii DUI Law Firm
Call 866-292-1631
Free Consultation
Or click here to email us