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Last Modified on Aug 31, 2026
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A DUI charge in Hawaii can threaten your license, career, finances, and freedom. However, an arrest does not definitely mean you’ll be convicted. Police and prosecutors must follow strict rules when stopping a driver and gathering evidence. Knowing how to fight a DUI charge in Hawaii is essential for defending your rights and maintaining your innocence.
About The Law Office of R. Patrick McPherson
With over two decades of experience, The Law Office of R. Patrick McPherson knows what’s at stake for motorists charged with a DUI.
In 2025, the state recorded 899 DUI arrests, a decrease from the previous year. Hawaii hands down strict penalties for driving under the influence, which is why you want an experienced defense attorney managing your DUI case.
We can investigate your arrest, collect evidence, and represent you throughout the legal process. We may negotiate with prosecutors to seek a plea deal or file motions to have the case dismissed. If necessary, we aren’t afraid to take your case to trial.
Review Whether the Traffic Stop Was Lawful
A police officer generally needs reasonable suspicion that a traffic or criminal violation occurred before stopping a driver. Speeding, drifting between lanes, or ignoring a traffic signal may provide a lawful reason. A vague hunch usually is not enough.
Following an arrest, your attorney can review bodycam footage, dashboard video, police reports, and witness statements to determine why the stop occurred and whether it was lawful.
Challenge Field Sobriety and Chemical Test Evidence
Field sobriety and chemical tests are not always reliable. Poor lighting, uneven pavement, confusing instructions, physical conditions, or nervousness can affect a person’s performance during roadside exercises. An attorney may also examine whether the test was administered correctly.
Breath, blood, and urine test results may also be challenged when equipment is not properly maintained, or officials mishandle samples. Hawaii Revised Statutes § 291E-3 sets the legal BAC limit at .08%; if the tests cannot properly establish your BAC level at about this, your DUI attorney can use that to challenge the prosecutor’s case.
Other Defenses Against a Hawaii DUI Charge
Other defenses may apply, depending on the circumstances of the arrest. For example, prosecutors may lack enough evidence to prove that the accused was operating or in actual physical control of the vehicle. Video footage or witness statements may contradict the officer’s account.
A defense attorney may find that the police failed to follow required procedures under Hawaii DUI laws or didn’t properly explain the consequences of refusing a chemical test. In some cases, a person’s BAC may have continued to rise after driving, causing a later test to produce a higher reading. Each case requires a careful review of the evidence.
Hire a DUI Lawyer From The Law Office of R. Patrick McPherson
A DUI conviction can change your life, threatening your job, relationships, and future. If you’ve been charged with driving under the influence of drugs or alcohol, hire an experienced DUI lawyer from The Law Office of R. Patrick McPherson. We can investigate your situation and build a strong defense. Contact us today to discuss your case and learn more about how we can help.
