Answers To Your Questions About DUI
At The Law Office of R. Patrick McPherson, we focus our practice solely on helping people who have been charged with DUI and other traffic violations. Our attorneys are known for being actively involved in Hawaii’s DUI laws, and we have a hard-earned reputation for being successful in the courtroom.
After representing thousands of DUI clients over the years, we have heard several questions time and time again about the DUI process. We wanted to take a few moments to provide you with some basic information to help you understand more about what our attorneys can do to help you prepare a strong defense.
What is going to happen to my driver’s license?
In Hawaii, there is both a criminal and civil aspect of each DUI case, which is something that many people do not realize. The civil portion of the case concerns the administrative suspension of your driver’s license.
What happens is this: after an arrest for DUI, your license will be automatically suspended by the Administrative Driver’s License Revocation Office pending the outcome of your criminal case, unless you request a hearing to contest that suspension. You have a very limited amount of time to request this hearing. You need to act immediately after an arrest to keep your license.
The administrative license revocation stage is a very important part of your case. For example, let’s say you didn’t act in time to get a hearing to keep your license, and ended up having your driving privileges revoked. If you eventually beat the criminal DUI charges that you are facing, you will not regain your driving privileges until the time of your administrative suspension has lapsed. Your license will be suspended regardless of the outcome of your criminal case.
Can I still win my case even if I blew into the Breathalyzer and was over the limit?
Absolutely. All evidence in your case is subject to review to determine that police followed all procedures when collecting the evidence. If this evidence was gathered improperly in some way, it will be excluded from your case. That means it cannot be used to get a conviction in your case.
When it comes to the use of Breathalyzer information, there are many things we will do to determine if the evidence is valid. We go back to the very first moments of the traffic stop. Did police have the right to pull you over? Did they follow all of the right steps throughout the investigation? Was the machine that they had you use properly calibrated by individuals with the right certification and training? Our lawyers will do everything that we can to challenge the evidence that the prosecutors intend to use against you.
How does the ignition interlock system work?
The ignition interlock is a device that checks your blood-alcohol content (BAC) when you first start your vehicle. You must register below .02 percent in order for your vehicle to start. After you have started the vehicle, you will be required to perform random checks while driving in order for the vehicle to continue operating. If you blow above .02, the vehicle will shut down. The interlock also has a camera that will record the image of the person blowing into the device, so, if you attempt to bypass by using a passenger to start the vehicle, you could be facing additional charges.
If an interlock is installed in your vehicle as part of your case, you are responsible for the installation costs, as well as the monthly fees for monitoring the device. This could run well over $1,000 total for a year of using an interlock device.
If I win my case, what will my record look like?
Should you be arrested for a DUI, and beat the criminal case, it is possible that there still could be information on your record that gives potential employers notice about this case. In order to have this removed, our attorneys can help you with an expungement of the charges from your record.
If the expungement is successful, it will be like nothing ever happened. Employers will not know about your case. It will be removed from your driving abstract and this means it will not impact your driving history.
Want To Know More About Your Case?
R. Patrick McPherson is Honolulu’s most recognized DUI defense attorney, and Patrick, along with the rest of our team, is ready to fight for you. If you need to speak to our experienced lawyers about your DUI case, please call our office at 808-797-3618, or send us an email to arrange your free consultation. For the convenience of our clients, we speak Ilocano. Discounts available to military members.