JONATHAN BURGE

Attorney at Law

DUI

 

It takes an experienced attorney to find the many potential technical problems in a DUI case.  That is because the State will never be able to take away all of the legal rights and defenses that are available to people who are charged with DUI.  This firm has represented hundreds of people charged with this type of case and we know what to look for.  Please remember though that we cannot guarantee to win your case.  However, we do have the experience to know what to look for to win your case.

Driving Under the Influence of Alcohol, or drugs, is a very common crime.  It is heavily enforced due to close scrutiny by groups such as Mothers Against Drunk Driving.  This crime also effects the most average, everyday citizens in a dramatic way.  Since the required blood alcohol content (BAC) is so low (.08) in Hawaii, it is easy to get arrested if you have as little as two beers, and drive.  The prosecutors don't even have to have a BAC test to convict a person for DUI.  An officer's description of someone's driving and condition can be enough without anything more. 

The police have trained several officers as drug recognition experts to try to find people who are driving under the influence of drugs.  Based on their observations and opinion, you can be arrested for this violation.  You would then be given the choice to take a test to determine drugs in your system.

If you refuse to take any tests, the drivers license suspension or revocation is stiffer.  You don't have the right to talk to an attorney prior to deciding whether or not to take a test.

Finally in October 2000 the Hawaii DUI law was changed so that the police can take away your car registration (license plates) for between one year and life, depending on the amount of priors (at least one prior is necessary for this to apply).  You are not allowed to transfer the car during the time the registration is revoked without special permission.  

Despite the fact that the government has tried to stack the odds against you, people do win their DUI cases all the time.  That is because witnesses often don't show up, or the police don't properly follow their procedures, or there is sometimes not enough evidence available to sustain a conviction.  The only guarantee is that if you do not contest your case you will lose your license for at least 90 days, pay a fine, and have a DUI on your driving abstract for the next ten years.

Additional DUI Information

YOUR DRIVERS LICENSE AND THE ADLRO GOING TO COURT
REPEAT OFFENDERS (HABITUAL DUI) WHAT ABOUT CAR INSURANCE?
REVOCATION OF CAR LICENSE AND REGISTRATION PENALTIES
HIGHLY INTOXICATED DRIVER (+.15 bac) EXCESSIVE SPEEDING (30 mph over or 80 mph)

 

 

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