Written by Michael Fayard
If you plead guilty or a court convicts you of a DUI, you could go to jail or prison. Other potential consequences include losing your driving privileges, fines, and mandatory ignition interlock devices.
You may have a better chance of avoiding jail and other penalties with the help of a Hawaii DUI lawyer.
We appreciate the hard work of local law enforcement, but we also know that they can and do make mistakes. DUI lawyer Fayard will examine the circumstances, evidence, documentation, and testimony from the state. His deep understanding of criminal defense allows him to create a strategy that might keep you from going to jail.
Attorney Fayard has helped many clients find the best solution for a DUI, including teenagers, commercial vehicle drivers, and military personnel.
Hawaii calls a DUI “operating a vehicle under the influence of an intoxicant.” The police can arrest and charge you with a crime if you operate or assume actual physical control of a vehicle:
Hawaii considers a BAC of 0.08 as intoxicated, but you could be arrested and charged even if your BAC is lower. The law allows prosecution for impairment, which may result from one cocktail, one joint, or even one antihistamine.
It’s possible to minimize how much time you spend in jail or prison or avoid it entirely with the help of a skilled DUI attorney. These options are usually applicable for a first or second DUI.
For a first-time DUI offense, the court must order community service, jail time, a fine, or a combination of the three, according to HRS §291E-61. A DUI lawyer in Hawaii can present a compelling argument that eliminates jail, with the final sentence of community service, and pays a fine of up to $1,000
The court also has a choice for a second DUI within 10 years of the first DUI conviction. The court can order at least 40 hours of community service or at least five days of imprisonment. It helps to have a lawyer on your side. Attorney Fayard can offer the court a convincing argument to help keep you out of prison
A fourth DUI is a Class C felony. It’s much more serious than a first, second, or third DUI. If you plead guilty or are convicted, you face up to five years in prison. However, Hawaii law allows for five years of probation instead, if you follow several conditions, including:
Minimum and Maximum Incarceration
The jail time you face depends on whether this is your first DUI or an additional DUI charge.
| DUI Charge | Minimum | Maximum |
|---|---|---|
| First DUI | 48 Hours | Five days |
| Second DUI | Five days | 14 Days |
| Third DUI | 10 Days | 30 Days |
| Subsequent DUI (Habitual Offender |
10 Days | Five years |
If you were 18 years or older and had a minor aged 14 years or younger in the car at the time of the DUI, the court must sentence you to an additional 48 hours in prison. These additional two days are mandatory. However, your total length of incarceration can’t be more than the statutory maximum.
Don’t panic about being charged with a DUI. Instead, call a criminal defense lawyer who handles drunk driving charges in Honolulu. Michael Fayard knows how serious a DUI is and how important it is for you to avoid jail time.
Get a free consultation today. Contact Michael Fayard, Criminal Defense Attorney, at (808) 445-6708 or through the online form.