No matter what you call it, operating a motor vehicle under the influence of an intoxicant (OUVII), OUI, driving under the influence, or DUI, can have a serious impact on your life. If you’re convicted, this charge will stay on your record forever. Subsequent convictions will have increased penalties for at least five years after your first DUI. Employers and schools will see it on your record when running a background check. A DUI conviction can make it difficult to find work and continue your life as normal. That’s why it’s important to find an attorney who has the knowledge, experience, and ability to fight to get your charges dismissed or reduced. Attorney Michael Fayard is that lawyer.
Fayard has worked as a prosecutor in both Florida and Maui County, and now he is a dedicated criminal defense attorney. He uses his insight into how the prosecution builds a case against people who are accused of driving while intoxicated to develop a strategy to fight back or negotiate lesser charges. He will challenge the traffic stop, evaluate a breathalyzer or drug test, and determine if the police officers and investigators took appropriate steps throughout the case. His understanding of the DUI process in Hawaii can mean keeping a DUI off your record and not losing your driver’s license.
Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.
SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.
In Hawaii, a DUI is legally referred to as “operating a vehicle under the influence of an intoxicant” or OVUII. This may mean that you were in actual physical control of a vehicle while above the legal limit, or with a blood alcohol content (BAC) of .08% or greater (or .04% if you’re operating a commercial vehicle). You may also be charged with an OVUII if you have intoxicating drugs, such as marijuana or LSD in your system.
In order to get your DUI charges dismissed, Attorney Michael Fayard will challenge every element of the prosecutor’s case. The prosecutor must prove, beyond reasonable doubt, that you were in control of a motor vehicle and were intoxicated. They often do this through eyewitness testimony from the police officer who pulled you over and any alcohol or drug test results. He will also challenge the traffic stop. Did the officer have a valid reason to pull you over in the first place? If we find any faults in the prosecutor’s case, we will rally to get your charges dismissed. If there is enough evidence to support the charges, we will do everything we can to reduce your offense and get you the lowest penalties possible.
Penalties for a DUI offense can be serious and may impact every area of your life.
First-Time DUI Penalties
Don’t take a first time DUI offense lightly. You’re looking at 48 hours to five days in jail, a fine of up to $1,000, and 72 hours of community service if you don’t work with an attorney who can get your charges reduced or completely dismissed by pointing out the inconsistencies in the prosecution’s case or negotiating a plea deal.
In addition, you’ll need to complete a substance abuse rehabilitation program and lose your license for up to 90 days. Call Fayard Criminal Law at (808) 445-6708 to get an advocate on your side who can fight against these harsh penalties.
Multiple DUI Penalties
If this is your second, third, or even fourth DUI, the penalties only increase. On the low end, you could be looking at up to 14 days in jail, a $1,500 fine, and a one-year suspension on your driver’s license. The high end? Up to five years in prison plus five years probation, a five-year license suspension and loss of your vehicle.
It’s important to work with an attorney quickly to avoid losing your driver’s license, which can impact your life the most. We may be able to find alternatives to a revocation, such as a driving assessment or driver’s education course.
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If you are convicted of a DUI, you may have to report it to your employer or, if you are in the military, to your commanding officers. This can result in significant additional consequences, including termination from employment or harsh penalties on base.
If you face an administrative hearing to assess consequences by a professional licensing board or military panel, attorney Michael Fayard can represent you there as well. You won’t need to find a different lawyer to pick up the case halfway through. Instead, you can save money on legal fees by continuing with the same attorney.
Fayard Criminal Law can be here for you from the moment you are arrested through a positive resolution on your charge. We help our clients put DUI charges behind them and move forward with their lives.
Here are some other resources that may help if you or a loved one is charged with a DUI.Field Sobriety Tests