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Honolulu DUI And Traffic Law Blog

Remember your rights during a traffic stop

When an officer pulls you over, you are certainly in danger of receiving a ticket, or possibly even getting arrested, depending on the reasons the officer performs the stop, your behavior during the stop, and the evidence of criminal activity that the officer finds. However, it is important to remember that the officer performing the stop is not above the law and should not violate your rights in the course of your interaction.

Even in circumstances where the evidence against you is very strong, the officer must respect your rights, and violations of those rights may lead a court to throw out any charges resulting from the stop.

Are there ways to challenge breathalyzer results?

During a suspected DUI stop, an officer may choose to administer a breathalyzer test. If a driver fails this test, then he or she is usually arrested and charged. For many drivers, the breathalyzer results themselves may seem like "bulletproof" evidence of their guilt, but this is not always the case.

While it is not easy to challenge breathalyzer results, it is possible, depending on the circumstances of the traffic stop. If you received DUI charges after failing a breathalyzer test, it is worth your time to consult with an experienced DUI defense attorney who understands the nuances of Hawaii DUI laws and defending suspects against these charges.

Do you have the right to refuse chemical testing in a DUI stop?

Traffic and criminal laws vary substantially from state to state. However, all 50 states and the District of Columbia agree that driving while under the influence of drugs or alcohol shouldn't be legal. For adults ages 21 or older in Hawaii, having a blood alcohol concentration (BAC) of 0.08 percent or higher can result in driving under the influence (DUI) charges. For those with commercial licenses, that cutoff lowers to 0.04 percent, with an arrest or conviction also affecting their career and licensing.

Generally speaking, law enforcement officers first begin to suspect DUI offenses when witnessing certain behavior on the road. Swerving, erratic driving and crossing the center line can all be sufficient reason to pull someone over. From there, a roadside field sobriety test may lead the officer to suspect impairment. Using this suspicion as probable cause, the officer will then request a chemical test. Sometimes drivers choose to refuse that request.

DUI checkpoints in Hawaii

Law enforcement has many different tactics that they can use to try to spot drunk drivers in Honolulu. The city increases the officers that it has on patrol during noteworthy events, hoping that they can catch drivers before they cause a serious accident.

Sobriety checkpoints are another common method that police use to curtail drunk driving. In Hawaii, it is not uncommon for motorists to encounter one of these checkpoints in a high-traffic area. Some drivers might not know what to do if they find themselves being stopped at a checkpoint, and may end up making their situation much worse. This post discusses what happens during a stop at a checkpoint, and what motorists should do in order to protect their rights.

The basics of ignition interlocks

In Hawaii, motorists convicted of drunk driving have the option of having an ignition interlock device installed in their vehicles. These devices will allow the motorist to be able to operate their vehicles during the period that their licenses are suspended, provided the meet certain requirements. In this post, we discuss how these devices work, as well as the other important details that you need to know regarding interlocks should you be facing DUI charges.

3 things to know about DUI in Hawaii

Many Hawaii motorists know that the state takes an extremely aggressive stance against impaired driving. The city of Honolulu has a large number of law enforcement officers looking for drunk drivers every single day.

Whether you are visiting the city or live somewhere on Oahu, you need to be aware of the potentially serious consequences that you may experience if you are convicted of a DUI offense. In this post, we wanted to discuss three things that you might not be aware of when it comes to a DUI stop and the eventual case that follows afterward.

Should I fight a traffic ticket?

After you receive a traffic ticket, you have two primary options. You may usually either pay the fines and accept the marks on your record, or you can fight the ticket. While some people might not think a traffic ticket warrants mounting a legal defense, others would never dream of letting a traffic ticket go unchallenged.

Depending on the specifics of your ticket, you may have grounds to challenge it and get it dismissed. Even if you believe that the evidence against you is strong, there are often aspects of the law that offer you more flexibility to fight the ticket than you realize.

There is more than one type of reckless driving

Reckless driving is every bit as serious as it sounds. There are two primary reasons for this:

  • When you act in a reckless manner it increases the likelihood of an accident
  • The penalties for reckless driving can be serious, including a heavy fine and the loss of license

As a driver, it's important that you understand the rules of the road. Furthermore, it's critical that you follow these rules at all times.

Do you know the 3 standardized field sobriety tests?

There could come a point when you are pulled over by a law enforcement officer for suspicion of driving under the influence of alcohol.

Even if you are 100 percent sober, it's possible that the officer will want to conduct a few tests to determine if you are drunk.

The consequences of DUI in Hawaii

Residents and visitors to Hawaii need to understand how serious it is to be charged with a DUI. Legislators are constantly enhancing the penalties for a conviction, making it essential to fight each charge that you receive.

Below, we wanted to discuss some of the potential consequences of a DUI conviction in Hawaii. We explore some of the penalties listed under the statute, as well as some of the other things that may happen to you that you may not be aware of at the time you are charged with the offense.

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