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Hawaii DUI Law

September 8th, 2008 · No Comments

Hawaii DUI arrests trigger two separate cases: the Hawaii DUI court case, and the Hawaii DUI driver’s license case. Failure to act immediately will result in severe Hawaii DUI consequences.

Hawaii DUI laws call for a DUI prosecution in District Court, as well as a driver’s license suspension from the Administrative Driver’s License Revocation Office (ADLRO). It is the Administrative Driver’s License Revocation Office that seeks to take immediate action against your driver’s license.

Hawaii DUI laws are such that even if you were in Hawaii for vacation or temporary military assignment, and hold a driver’s license from another state, it is critical that you protect your Administrative Rights here.

Because of the Interstate Driver’s License Compact, any action taken against your driving privileges because of a Hawaii DUI will be reported to your home state, and will result in a suspension or revocation there.

Hawaii DUI laws allow for criminal court prosecutions on one of two theories: either that the person is impaired for purposes of driving, OR that the person violated Hawaii DUI laws by driving with a blood alcohol content (BAC) of .08% or higher. The latter is called Hawaii’s “per se” law, and most states have a similar DUI law.

Hawaii DUI law prosecutions based on impairment typically look to four areas to prove that the driver was under the influence of alcohol. These areas include driving patterns, the driver’s physical appearance, field sobriety test results, and chemical test results.

Hawaii DUI law prosecutions can also be based on violation of Hawaii’s “per se” law. This DUI law declares it a crime to drive with a blood or breath alcohol content of .08 or higher, without regard to whether the driver is actually impaired. This Hawaii DUI crime is based purely on body chemistry.

Hawaii DUI law provides for a five-year “lookback” period, meaning that if there is a prior conviction for DUI that is more than five years before the present offense, the present offense will be treated like a first-offense DUI.

I hope it is not required for you, but if you are seeking a Hawaii DUI Lawyer visit the Hawaii Attorney Directory.
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