JONATHAN BURGE

Attorney at Law

If you have had three prior DUI convictions within the past ten years you may be facing a felony Habitual DUI charge.  Habitual DUI was passed by the legislature about 4 years ago in response to pressure from groups such as Mothers Against Drunk Driving.  Since that time, the Honolulu Prosecutor’s Office has been aggressively enforcing the law.  Habitual DUI is a class C felony, punishable by up to five years in jail.  You also could face a lifetime license revocation.

If you have had the prior convictions, and the police released you this time without posting bail, you may be in trouble.  That is because the prosecutor’s office is likely to take your case to the grand jury.  If indicted, a $50,000.00 warrant will be issued for your arrest.  Although the bail amount can be reduced, it takes about 3 weeks to do so, and you will sit in jail until bail is reduced or you bond out.

Try to come to the office before being indicted.  That way Mr. Burge can work with the prosecutors and police to try to have you start off with a much lower bail.  

Under certain circumstances your prior can't be used against you.  This is called striking priors.  Mr. Burge always examines this type of case for striking the prior convictions, and possibly getting rid of the felony charges.

Don’t think nothing will happen, just because you were initially released from jail.  You may have serious legal problems in your future and need to speak with an experienced DUI attorney as soon as possible.

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