Limited Liability Law Corporation
Richard L. Holcomb Attorney At Law
DEDICATED HAWAII CRIMINAL DEFENSE LAWYER
Holcomb Law, LLLC
HONOLULU DUI / OVUII DEFENSE ATTORNEY
808.545.4040
1136 Union Mall Suite 808 Honolulu, HI 96813
Holcomb Law, LLLC, a limited liability law corporation, is owned and operated by Honolulu DUI attorney, criminal defense lawyer, and personal injury lawyer, Richard L. Holcomb. In addition to serving all of Honolulu City and County, including the entire island of Oahu and appearing in all courts on Oahu, including the District Courts at Kaneohe and Ewa, Mr. Holcomb is a Hawaii DUI attorney, criminal defense lawyer, and personal injury lawyer. Mr. Holcomb serves the islands (counties) of Hawaii, including Kona and Hilo, Maui (Lanai), and Kauai.
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Honolulu DUI Defense Attorney
Misdemeanor DUI or OVUII Penalties and Punishment
The law governing DUI or OVUII Penalties and Punishment underwent sweeping and dramatic changes in the Hawaii State Legislature last year. The new penalties and punishments are effective if you were arrested before January 1, 2011. However, if you were arrested before January 1, 2011, you are still subjected to the penalties and punishments under the old law.
If you were arrested before January 1, 2011, the following summarizes the Penalties and Punishments you face:
First Offense
If you are convicted of your first DUI or OVUII, or the second or third offense where the previous offense(s) occurred more than five years ago, you could face the following punishments and penalties:
* An assessment by a drug and alcohol counselor to determine your need for rehabilitation (and completion of recommended treatment);
* A minimum 14 hour substance abuse rehabilitation program;
* 90 day driver’s license suspension (you may be able to obtain limited driving privileges during the final 60 days of the suspension), or after July 1, 2010 a 1 year revocation and installation of an ignition interlock device;
* 72 hours community service;
* Not less than 48 hours nor more than 5 days of imprisonment;
* A fine of not less than $150 nor more than $1,000.
* A $25 surcharge to the neurotrauma special fund;
* 90 day license revocation for BAC levels below .15 with the opportunity to seek a conditional license permit (to and from work and for work-related purposes) for the last 60 of the 90 day revocation;
* 6 month license revocation if your BAC is above a .15 with no opportunity to obtain a conditional license permit; and
* A $25 surcharge to the trauma system special fund.
Second Offense
If you are convicted of DUI or OVUII within 5 years of a previous offense, you could face the following punishments and penalties:
* An assessment by a drug and alcohol counselor to determine your need for rehabilitation (and completion of recommended treatment);
* 1 year driver’s license suspension;
* either 240 hours community service hours or 5 to 14 days imprisonment;
* A fine of not less than $500 nor more than $1,500.
* A $25 surcharge to the neurotrauma special fund; and
* A $50 surcharge to the trauma system special fund.
Third Offense
If you are convicted of DUI or OVUII within 5 years of 2 previous offenses, you could face the following punishments and penalties:
* An assessment by a drug and alcohol counselor to determine your need for rehabilitation;
* 1 to 5 years driver’s license suspension;
* 10 to 30 days imprisonment;
* A fine of not less than $500 nor more than $1,500;
* A $25 surcharge to the neurotrauma special fund;
* A $50 surcharge to the trauma system special fund; and
* forfeiture of your vehicle.
If you are an adult convicted for either your first, second or third offense and you had a minor, under the age of 15 in the car, you may face an additional $500 fine and a mandatory sentence of 48 hours in jail.
If you were arrested after January 1, 2011:
First Offense
If you are convicted of your first DUI or OVUII, or the second where the previous offense occurred more than five years ago, or third where the previous offense occurred more than seven years ago, you could face the following punishments and penalties:
* An assessment by a drug and alcohol counselor to determine your need for rehabilitation (and completion of recommended treatment);
* A minimum 14 hour substance abuse rehabilitation program;
* 90 day driver’s license suspension (you may be able to obtain limited driving privileges during the final 60 days of the suspension), or after July 1, 2010 a 1 year revocation and installation of an ignition interlock device;
* 72 hours community service;
* Not less than 48 hours nor more than 5 days of imprisonment;
* A fine of not less than $150 nor more than $1,000.
* A $25 surcharge to the neurotrauma special fund;
* 1 year license revocation for ANY BAC level with the opportunity to seek a release once an interlock ignition device is installed in any car you drive. You would not be able to seek the interlock ignition device if: your license has expired, if you do not have a car or are unable to drive, or if you have Commercial Driver’s License; and
* A $50 surcharge to the trauma system special fund.
Second Offense
If you are convicted of DUI or OVUII within 5 years of a previous offense, you could face the following punishments and penalties:
An assessment by a drug and alcohol counselor to determine your need for rehabilitation (and completion of recommended treatment);
* 18 months to year driver’s license revocation – with the ability to apply for a release after an interlock ignition device is installed on the vehicle (same contingencies as with the first offense);
* either 240 hours community service hours or 5 to 30 days imprisonment;
* A fine of not less than $500 nor more than $1,500.
* A $25 surcharge to the neurotrauma special fund; and
* A $50 surcharge to the trauma system special fund.
Third Offense
If you are convicted of DUI or OVUII within 5 years of 2 previous offenses, you could face the following punishments and penalties:
* An assessment by a drug and alcohol counselor to determine your need for rehabilitation (and completion of recommended treatment);
* 2 year driver’s license revocation – with the ability to apply for a release after an interlock ignition device is installed on the vehicle (same contingencies as with the first offense);
* 10 to 30 days imprisonment with at least 48 hours served consecutively;
* A fine of not less than $500 nor more than $2,500;
* A $25 surcharge to the neurotrauma special fund;
* A $50 surcharge to the trauma system special fund; and
* forfeiture of your vehicle.
If you are an adult convicted for either your first, second or third offense and you had a minor, under the age of 15 in the car, you may face an additional $500 fine and a mandatory sentence of 48 hours in jail.
In addition, refusals have now been criminalized. If you refuse to take a breath or blood test, you could lose your license for 1 year absolute.