Honolulu DUI Lawyer

Experienced DUI Defense Attorney in Honolulu, HI

Whether you live and work in Hawaii, or are here on vacation, if you are charged with driving under the influence (DUI), there are serious consequences if you are convicted of the offense. You need to know exactly what you are up against, and need to have an experienced law firm on your side to help you protect your future. A Honolulu DUI lawyer can help you understand the charges against you and help you present a defense to those charges.

Hire a DUI Lawyer You Can Trust

At The Law Office of R. Patrick McPherson, we are here to help you build the strongest defense possible to DUI charges. When you hire a DUI lawyer from The Law Office of R. Patrick McPherson, you benefit from over 20 years of experience within our law firm. Patrick has been featured in a number of news stories, and has been actively involved in the creation of Hawaii’s DUI laws. Patrick, along with the rest of our experienced team, are prepared to help you clear your name.

DUI Rates in The United States and Hawaii

During 2023, a total of 12,429 Americans died from alcohol-related vehicle accidents. In 2024, 11% of all arrests in the country, totaling 804,926, were for suspected DUI. Hawaii has the largest percentage (42%) of fatal crashes involving alcohol in the country. In 2023, of Hawaii’s 93 traffic fatalities, 39 were alcohol related.

If you are facing DUI charges in Honolulu, your case should be heard by the Honolulu District Court at Kauikeaouli Hale, located in downtown Honolulu on Alakea Street. Felony DUI cases, or cases where a jury trial has been requested, are heard by the Circuit Court at Ka’ahumanu Hale. This court is located in Honolulu, on O’ahu, on Punchbowl Street.

Administrative aspects of the case, including license suspension, are handled by the Administrative Driver’s License Revocation Office, also referred to as ADLRO. This office is on Bishop Street in Honolulu, on the fifth floor of the American Savings Bank Tower in Suite 500.

Don’t Let Your DUI Change Your Life Forever

This is not as bad as it may seem at first, even if you think there is nothing that you can do to defend yourself against these charges. Once we have a chance to review your case, we can explain how we can take action to help make your situation better. As part of our DUI practice, there are many different aspects of your case that we can help with. Common legal services we provide are listed below:

• We can answer your questions about the DUI process.
• We can help you evaluate your options when pursuing a resolution to your case.
• We can challenge any evidence that may have been unlawfully obtained by law enforcement.
• We can work with the prosecutors to reduce or dismiss certain charges.
• We can represent you inside the courtroom if your case goes to trial.

While the majority of cases that we handle involve alcohol-related driving offenses, know that we are also experienced in defending against drug DUI cases, including driving under the influence of marijuana. We know the methods used by law enforcement to gather evidence in drug DUI cases, and understand how to effectively challenge that evidence on your behalf.

The Honolulu Breathalyzer Test

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.

DUI Laws and Penalties

Several laws in Hawaii describe specific drunk driving offenses. These offenses are listed below:

• Operating a vehicle under the influence of an intoxicant. Considered a petty misdemeanor, it occurs when someone drives while under the influence of alcohol, illegal drugs, or when an alcohol content of .08 or higher is detected during a breath or blood test.
• Habitually operating a vehicle under the influence of an intoxicant. Considered a Class C felony, it involves any of the methods of proving someone has operated a vehicle under the influence of an intoxicant and three or more convictions of operating a vehicle under the influence of an intoxicant in the previous 10-year period.
• Operating a vehicle after having your license suspended or revoked for DUI. Considered a petty misdemeanor or misdemeanor, this offense can be applied to any driver who operates a vehicle while their driver’s license is revoked or suspended, or when operating a vehicle outside of allowed restrictions.
• The operation of any vehicle by a person under the age of 21 with a measurable amount of alcohol in their system. Considered a violation, any person under the age of 21 who registers between .02% and .08% on a breath or blood test can be charged.

Potential penalties for these charges vary with the specifics of the charge and any mitigating or aggravating circumstances that may be present. Penalties were updated with Senate Bill 3165.

Operating a Vehicle Under the Influence of an Intoxicant

For a first offense, you may be facing the Honolulu DUI penalties listed below:

• Minimum 14-hour substance abuse rehabilitation program and any other programs deemed necessary by the court
• License revocation from one year to 18 months
• Ignition interlock device usage during the revocation period
• One or more of 72 hours of community service, 48 hours to five days of incarceration, and a fine of $250 to $1000
• $25 surcharge for the neurotrauma special fund
• $25 surcharge for the trauma system special fund, if ordered

Second-offense penalties are listed below:

• Minimum 36-hour substance abuse program, and any other programs deemed necessary by the court
• Ignition interlock device usage during the revocation period
• Either 240 hours of community service or five to 30 days of incarceration
• Fine of $1,000 to $3,000 credited to the state drug and alcohol toxicology testing laboratory special fund
• $25 surcharge for the neurotrauma special fund
• $50 surcharge for the trauma system special fund, if ordered
• License revocation for two to three years

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 do not regain your driving privileges until the time of your administrative suspension has lapsed. Your license is suspended regardless of the outcome of your criminal case.

Ignition Interlock Device

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.

Why Choose Us?

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 staying informed on 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.

FAQs

What Is Going to Happen to My Driver’s License?

The civil portion of a case concerns the administrative suspension of the defendant’s driver’s license. After an arrest for DUI, your license is automatically suspended by the ADLRO, pending the outcome of your criminal case. This is unless you request a hearing to contest that suspension immediately after your arrest. A Honolulu DUI attorney can help you with this time-sensitive process.

Can I Still Have a Favorable Outcome if I Blew into the Breathalyzer and Was Over the Limit?

Absolutely. All evidence in your case is subject to review to determine whether the police followed all procedures when collecting the evidence. If this evidence was gathered improperly in some way, it can be excluded from your case. That means it cannot be used to get a conviction in your case.

How Does the Ignition Interlock System Work?

The ignition interlock system is a device that checks your blood-alcohol content (BAC) before allowing you to start your vehicle. You must register below .02 percent in order for your vehicle to start. After you have started the vehicle, you are required to perform random checks while driving for the vehicle to continue operating. If you blow above .02, the vehicle shuts down.

If I Have a Favorable Outcome in My DUI Case, What Should My Record Look Like?

If you are arrested for a DUI (without a conviction), it’s possible that there still could be information on your record giving potential employers notice about your arrest. To have this removed, a qualified Honolulu attorney can help you with an expungement of the charges from your record. If the expungement is successful, employers shouldn’t be able to see it on your background report. Your arrest can also be removed from your driving abstract.

Want To Know More About Your Case?

R. Patrick McPherson is a recognized local DUI defense attorney in Honolulu. Patrick, along with the rest of our team, is ready to defend you. If you need to speak to our experienced lawyers about your DUI case, please contact us to schedule a consultation. For the convenience of our clients, we speak Spanish and Ilocano. We offer discounts available to military members.

Get The Representation You Need To Protect Your Driving Privileges

To speak to our lawyers about your DUI case in a free consultation, call our office at 808-537-5600 or send us an email. We represent clients throughout Oahu who have been charged with DUI or have received a traffic ticket. For the convenience of our clients, we speak Spanish and Ilocano. Discounts available to military members.

Honolulu, HI DUI Resources

• DUI Checkpoints in Hawaii
• Hawaii DUI/OVUII Laws and Penalties – All You Need to Know
• 4 things to know about Hawaii DUI laws
• What DUI Sobriety Tests Do Hawaii Police Use?
• What happens if you get a DUI while in the military?
• The importance of fighting a second or third DUI charge in Hawaii
• How Long Does a DUI Stay on Your Record in Hawaii?