Can Blood Alcohol Evidence Be Kept Out Of The Trial?

Tue, 29 May 2007 21:19:00 GMT

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 on the blood alcohol level into court. If the blood alcohol level is knocked out of your case, you may have a fighting chance to win. However, the State can still prove you were DUI by showing that your driving and physical condition indicates, beyond a reasonable doubt, that you were driving while impaired.

Are There Other Fines And Costs?

Tue, 29 May 2007 21:19:00 GMT

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 assessment fee. You will also be required to pay $25.00 as "contribution" to the Criminal Injuries Compensation Fund. If you received a minimum $150.00 fine, and were also ordered to pay another $107.00, and another $25.00, your total out of pocket expense for the sentence will be $282.00. You will also have to pay for the cost of the alcohol assessment when you get it done. This usually costs about $50.00. If you took a blood test (as opposed to a breath test), you can also be ordered to reimburse the County for the cost of that test. However, this charge is frequently overlooked. If you have $250.00 posted in your case as bail, the court will generally apply the bail toward your fines and fees, and then you would have to pay whatever balance is due. The court will usually give you up to 60 days to make any payments. If more time is needed, you can request a referral to the "Payment Court" to work out a longer term payment plan.

Can The Court Suspend My Driving Privileges?

Tue, 29 May 2007 21:19:00 GMT

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 the period of the suspension. However, at the end of the period of suspension, the driver's license that you surrendered, can be returned to you, and you can resume using it for the remainder of the period that it was originally issued for. An administrative revocation by the ADLRO means that you will never be able to use that driver's license again. At the end of the period of revocation, you will have to apply for a new license (as if you were applying for a license for the first time).

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar Yes
Aircraft No
Laser No

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

Yes

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
The BAC level .08%. Under age 21, BAC level is .02%.
Hawaii has an administrative license suspension law and an implied consent law. The breathalyzer refusal penalty is a 1year driver's license suspension.
Firearms are prohibited in the vehicle unless they are being transported to or from a lawful recreational firearmrelated activity. Firearms must be unloaded, cased, and separated from ammunition.
Studded tires are prohibited.
Tire chains are not required.
Hawaii has a seat belt law with primary enforcement for front seat occupants.
Hawaii has a mandatory child restraint law for passengers under 5 years of age. Children under age 3 must use approved car safety seats.
Hawaii has a mandatory motorcycle helmet law for persons under 18 years of age.
Registration and insurance card must be carried in the vehicle.

What Are The Criminal Penalties For Dui?

Tue, 29 May 2007 21:19:00 GMT

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 conviction for driving under the influence of intoxicating liquor under this section or section 2914.4", you "... shall be sentenced as follows without possibility of probation or suspension of sentence":

Some judges impose higher than minimum fines for cases with what they consider to be egregious factors (e.g. high alcohol concentration test results, motor vehicle accidents, uncooperative conduct during the arrest, etc.). Community service is generally not ordered, unless requested by a defendant whose financial circumstances make it impossible, or a hardship, to pay a fine.

What Are The Penalties For Habitual Dui?

Tue, 29 May 2007 21:19:00 GMT

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 the police released you this time without posting bail, you may be in trouble. That is because the prosecutor's office is likely to take your case to the grand jury. If indicted, a $50,000.00 warrant will be issued for your arrest. Although the bail amount can be reduced, it takes about 3 weeks to do so, and you will sit in jail until bail is reduced or you bond out. HRS § 2914 also provides other tougher penalties for "repeat offenders", and anyone older than 18 years of age who was DUI "... with a passenger, in or on the vehicle, who was younger than fifteen years of age." HRS § 2914(b) states:

Repeat offenders must also do the alcohol assessment and pay for (1) the cost of any required substance abuse treatment; (2) $107.00 to help to fund driver's education classes as a special DUI assessment fee; (3) $25.00 as "contribution" to the Criminal Injuries Compensation Fund; and (4) any applicable fee for a blood test.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law. Securitytype law and future prooftype law applicable after an accident has occurred. Minimum limits: $15,000/15,000/10,000 and $2,500 medical/25,000 uninsured motorists. Nofault insurance is required and Hawaii has unsatisfied judgment funds law.

What Are The Speed Limits In Hawaii?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 55 mph
Ltd Access Rds 45 mph
Other Primary Rds 45 mph
Residential 30 mph

What Happens At The Adlro Hearing?

Tue, 29 May 2007 21:19:00 GMT

What you aren't told is that unless you subpoena the officers, you won't have much of a hearing. If this is your first DUI, or the first within 5 years, you will most likely be able to obtain a temporary work permit, even if you lose the hearing. This means that instead of losing your license for 90 days you only lose it for 30 days absolutely, and can drive to and from, and maybe even during work, for the last 60 days of the revocation. To find against you, the hearing officer needs to find you are guilty by a preponderance of evidence (just over 50%). If you lose your license at the administrative process, the license is destroyed, and you have to be relicensed at the end of the revocation period. That means you will have to go through the written and driving test to get your license back. Although the technical rules can be disadvantageous to you, if you know them well enough they can also be used to your advantage. For instance, if you respond on time, and don't get a hearing within 25 days, you win.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is Administrative License Revocation Office (Adlro)?

Tue, 29 May 2007 21:19:00 GMT

The Administrative Drivers License Revocation Office (ADLRO) came into being in 1992. It was supposed to be a quick and easy way to determine if there were sufficient facts to revoke your license for DUI. In reality, it is a process which has lowered the State's burden to find against you, is complicated by highly technical rules and time deadlines, and you have to subpoena your own witnesses, including the officers who arrested you, to have any meaningful hearing. You also are not entitled to a public defender for this hearing.

What Is Habitual Dui?

Tue, 29 May 2007 21:19:00 GMT

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 4 years ago in response to pressure from groups such as Mothers Against Drunk Driving. Since that time, the Honolulu Prosecutor's Office has been aggressively enforcing the law.

What Is Mandatory Car Registration Revocation?

Tue, 29 May 2007 21:19:00 GMT

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). This was signed by the governor and went into effect on October 1, 2000. If you fit into this category, the police will remove your license plates at the time of arrest, and should issue a temporary, license plate at the same time. Unless you contest the matter, you will automatically lose your license and registration for at least one year. There is a process to transfer the car to someone else if the transfer meets certain criteria.

What Is Notice Of Revocation & Hearing Request?

Tue, 29 May 2007 21:19:00 GMT

The revocation hearing will usually occur prior to your arraignment on the separate criminal charges. About one week after your arrest you will get a letter saying that the findings have been sustained and the length of the revocation. You will have 6 days from the date on that letter to respond for a hearing in order to get into the ADLRO prior to your license going into revocation 30 days after your arrest. That means if it took four days to get to you, you only have two days to respond. The ADLRO has even had this modified by the legislature so that your response must be in their office within 6 days, no just postmarked by that time. If you respond in time, you will get a hearing within 25 days of your arrest (you can still get a hearing if you miss the 6 day deadline, but it will be at least 30 days after your arrest). That is because the temporary license given to you (or which should have been given to you) by the police is only good for 30 days. By sending in the card provided by the revocation office, you will receive another letter that tells the date of your hearing.

What Is Proof Of Financial Responsibility?

Tue, 29 May 2007 21:19:00 GMT

Fortunately, an "SR22" is no longer required for first offense DUI convictions, and those whose convictions are treated as first offenses. HRS § 2914(f) states:

(f) The requirement to provide proof of financial responsibility pursuant to section 28720 shall not be based upon a revocation under part XIV of chapter 286 unless the person's license had been previously revoked under that part in the fiveyear period immediately preceding the revocation at issue, nor shall the requirement to provide proof of financial responsibility pursuant to section 28720 be based upon a sentence imposed under subsection (b)(1). However, the "... requirement to provide proof of financial responsibility pursuant to section 28720" ("an SR22 requirement") is still imposed upon repeat offenders. A threeyear SR22 requirement can have the same impact as a $9,000.00 fine. To find out more about the financially devastating consequences of an SR22 requirement, click on the link below:

What Is The Court Process For A Dui In Hawaii?

Tue, 29 May 2007 21:19:00 GMT

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

Trial

What Will Happen To My Insurance Rates?

Tue, 29 May 2007 21:19:00 GMT

People often ask what will happen to their insurance if they get a DUI. If you lose either the revocation hearing or trial, the conviction stays on your driving abstract for 10 years. In fact, the high insurance cost is one of the best reasons to challenge your case.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $3,000 or situations where the vehicle owners are unable to agree as to the extent of damage must be reported immediately to the local authorities.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI No

Why Can The Court Suspend My Driving Privileges If They Are Already Suspended?

Tue, 29 May 2007 21:19:00 GMT

It is both statutorily prohibited, and a logical impossibility, to suspend driving privileges that have all ready been administratively revoked by the ADLRO. However, it is still quite common for judges to order that your license "... shall be suspended for 90 days, to run concurrently with any period of administrative revocation." A license suspension for a first offense always involves 30 days of absolute suspension. During the 30 day period there is no driving, anywhere, for any reason. However, when a conditional driving permit is properly granted, for 60 of the 90 days, you will be permitted to drive:

The conditional permit can also enable you to drive to and from any driver's education classes that are ordered by the court, and to and from any courtordered alcohol abuse treatment or counseling. However, it does no good to receive a conditional permit as part of a criminal sentence, unless you either beat you ADLRO case, or are awarded similar conditional driving privileges by the ADLRO.

Will I Have To Go To Treatment?

Tue, 29 May 2007 21:19:00 GMT

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 to a substance abuse counselor who has been certified pursuant to section 321193 for an assessment of the offender's alcohol abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court may require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's alcohol abuse or dependence. All cost for assessment or treatment or both shall be borne by the offender. To get the "alcohol assessment" required by HRS § 2914(c), you will be required to make an appointment for an intake interview with the County Division Of Driver's Education for the county that you live in. At an intake interview after a DUI criminal conviction, the County Division Of Driver's Education counselor who conducts the intake interview will refer you to a "... substance abuse counselor who has been certified pursuant to section 321193 for an assessment of [your] alcohol abuse or dependence and the need for appropriate treatment." If the substance abuse counselor makes a determination that you have a problem with alcohol abuse or dependence, you can be ordered as part of your sentence for the criminal case get "appropriate treatment." If you do not want to be ordered to attend meeting of alcoholics anonymous, to get outpatient counseling, receive inpatient treatment, etc., you had better ensure that the substance abuse counselor has all of the information that is needed to avoid making such a recommendation (e.g. you accept responsibility for the error of your ways, you have stopped drinking, you are remorseful for all the trouble you have caused for others, and it will never happen again). It is a good idea to contact the County Division Of Driver's Education immediately. On Oahu, it can frequently take several weeks to get the intake interview scheduled and you will not be permitted to drive again until you have fully complied with all terms and conditions of your criminal sentence.