DUI: A TWO-FRONT BATTLE
In Hawaii, DUI is known as Operating a Vehicle Under the Influence of an Intoxicant (OVUII). OVUII occupies a special place in the practice of criminal law. OVUII defense combines aspects of criminal and civil law. Experience counts!
Upon arresting a person for OVUII, the Honolulu police confiscate the driver’s license and issue a temporary permit. So what happens now?
The driver’s license and police reports get sent to the Administrative Driver’s License Revocation Office. The ADLRO has the authority to revoke your driver’s license for committing OVUII, whether or not you are ultimately convicted in court. If you are thinking of sending in a Request for Reconsideration, think again.
Within eight days after your arrest, the ADLRO will mail a decision to you. The most important thing you should look for is the date the decision was made.
If you are interested in getting your license back and avoiding the ignition interlock requirement, you should request a hearing at the ADLRO within 6 days after the date the decision was made (if the sixth day falls on Saturday, Sunday, or a state holiday, you get until the next business day).
If you meet this deadline, you get your hearing within 25 days after your arrest, before the revocation takes effect. If you missed the six-day deadline, you can still request a hearing in the first 60 days after your arrest. Better late than never!
With the ADLRO, deadlines are important. Strategies are unique. Contact me for a FREE consultation.
The Criminal Case
Aside from the driver’s license revocation, you face court proceedings for the criminal case. If you posted bail, the court date on your bail receipt is your arraignment.
At the arraignment, the prosecutor would provide a copy of the complaint, a legal document that spells out the charge(s) against you. A not guilty plea would be entered and a trial date assigned.
A defendant’s rights are protected in several ways: the prosecutor has the burden of proof, the prosecutor must prove the charge or charges beyond a reasonable doubt, and the defendant has a right to a timely trial. Also, crucial evidence may be suppressed in certain cases.
The best attorney for you is the one who will explore every possible way to win the case. Contact me for a FREE consultation.