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Hawaii’s DUI laws allow law enforcement to detain and even arrest someone on suspicion of DUI, even when there is no evidence of alcohol consumption. This is because illegal and prescription drugs can potentially leave drivers impaired and unable to safely drive their vehicles. Anyone facing a drug DUI charge can rely on the legal services of a Honolulu drug DUI lawyer to defend them in court and fight their charges.
Fighting a drug-related DUI charge in Honolulu requires a strategic and evidence-focused defense. Unlike alcohol DUIs, drug DUI cases often rely on officer observations rather than objective chemical results. At The Law Office of R. Patrick McPherson, we build strong defenses by exposing weak evidence and procedural missteps.
Our firm has a strong reputation for delivering exceptional legal services and positive results for clients, so we understand what it takes to successfully fight drug DUI charges. Backed by decades of experience, our attorneys can keep clients from facing the most serious penalties under the law.
Drug-related DUI enforcement remains a growing concern across Honolulu. From November 2024 to January 2025, police recorded 49 impaired driving arrests, many involving suspicion of drug use rather than alcohol. Between January and November 2024, Oahu saw roughly 22,390 traffic collisions, including 41 critical injuries and 35 fatalities.
Not all arrests involve clear signs of impairment, and many cases show how police can mistakenly arrest someone with little evidence of intoxication. Between 2022 and 2023, nearly 300 drivers were charged with DUI despite testing below the legal alcohol limit of 0.08, and 69 of them registered a 0.00 BAC.
One high-profile case involved Ammon Fepuleai, who was arrested at a DUI checkpoint in Waipio in November 2023 after blowing a 0.00. Officers accused him of drug impairment without alcohol evidence. This case and others raise questions about how DUI laws are applied.
Hawaii takes a zero-tolerance approach to DUIs, and a drug DUI conviction in Honolulu can lead to jail time at the Oahu Community Correctional Center, license suspension, steep fines, and mandatory treatment programs.
Whether the alleged offense took place along Kamehameha Highway or Kalakaua Avenue, police often jump to conclusions that have lasting consequences for the accused. A criminal conviction can lead to long-term hardships that affect your ability to find housing or gainful employment in the future.
Prosecutors have the high bar of having to prove guilt beyond a reasonable doubt. If they cannot prove that you were under the influence of drugs and posed a danger to other drivers, you stand a stronger chance of having your charges dropped or reduced. If prosecutors are relying solely on one officer’s observations, that may not be sufficient to prove guilt beyond a reasonable doubt.
An attorney can scrutinize the evidence used by the prosecution to see if it was unlawfully obtained. Improperly obtained or weak evidence can lead to favorable outcomes to your charges.
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The strength of your legal representation can greatly improve your chances of avoiding serious consequences following an arrest for drug DUI. Many potential defense strategies could lead to a favorable outcome in your case, which is why defendants secure legal representation for the criminal court process.
Your lawyer can challenge the evidence being used against you, for example. Attorneys are also skilled negotiators who can argue for mitigating circumstances when seeking a favorable plea bargain, which can allow you to put the ordeal behind you.
A drug DUI in Honolulu occurs when a person drives while impaired by any controlled substance, including illegal drugs, over-the-counter medications, or prescriptions. Impairment can be based on erratic driving, failed sobriety tests, or toxicology reports.
Officers do not need a breathalyzer result to file charges because their observations and video footage may constitute probable cause. Convictions require proving that you were under the influence of drugs or alcohol while driving.
Yes, prescription drugs can lead to an arrest in Hawaii if they impair your mental or physical ability to drive. Even when taken as directed, medications like painkillers, muscle relaxants, or sleep aids may slow one’s reaction time or cause drowsiness. Anyone who uses prescription pills is expected to do so responsibly. Officers may arrest you based on driving behavior and field tests, regardless of whether the substance was legally prescribed.
Drug DUI cases are usually proven using field sobriety tests, blood or urine analysis, officer observations, and evidence of unsafe driving. Unlike alcohol-related cases, there’s no standard measurement like a BAC level. The state must connect the presence of a drug to actual impairment. This makes the accuracy of testing procedures and officer testimony critical for prosecutors when proving their case.
Penalties for a drug DUI in Honolulu include license suspension, mandatory treatment programs, fines, community service, and possible jail time. Even first-time offenders can face harsh consequences, depending on the substance involved and their driving history. If minors were present or injuries occurred, additional penalties apply. Prior offenses can lead to enhanced penalties.
A drug DUI charge in Honolulu can hit hard, with license suspension, mandatory treatment, fines, and even jail time. Unlike alcohol-related arrests, these cases rely on officer claims and toxicology results that are often flawed or incomplete. The faster you respond, the better chance you have of protecting your record.
The Law Office of R. Patrick McPherson defends clients facing drug DUI charges throughout Honolulu and the rest of the Big Island. With decades of courtroom experience, we know how to dismantle weak evidence and push back against aggressive prosecution. Contact our office today. We offer support in Spanish and Ilocano, and we provide discounts to military members.
During your first consultation, you will be able to talk to an experienced attorney who will
provide you with an honest evaluation of your case, and what we can do to help. To learn more
about our services, call 808-537-5600 or contact us online.
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