DISCLAIMER: The information on this website should not be construed as legal advice. Any information submitted by our online intake form does not create an attorney-client relationship between you and The Law Offices Of Rick Holcomb, until you sign a contract of representation. Although we cannot guarantee that information sent over the internet will not be intercepted, we will keep the information confidential once it is received by our office.
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.
LOCALS, KAMA 'AINA, MILITARY, AND TOURISTS ARE ALL WELCOME.
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 © 2012 All rights reserved.
Honolulu DUI / OVUII Defense Lawyer
Must You Take a Chemical Test?
(Implied Consent)
Hawaii has an “implied consent” law codified at Hawaii Revised Statutes, Section 291E-11. Basically, this means that the legislature passed a law stating that if you drive in Hawaii, you have impliedly consented to having your breath, blood, and urine tested for the presence of intoxicating substances.
If you first take a breath test, you may also be subjected to a blood and/or urine test if it is believed that you are under the influence of controlled substances that can be detected through blood and urine testing. You may also be subjected to only a blood or urine test if it is believed that you are under the influence of controlled substances that can be detected through blood and urine testing. To add insult to injury, you may be ordered to reimburse the county for the costs of the test(s) if you are convicted.
If you refuse, the police officer must then inform you of the sanctions you will face and ask you if you still refuse. The sanctions are revocation of your driver’s license. The license will be revoked for a statutorily defined period of time depending on whether you have had prior convictions and/or whether you are underage.
DUI / OVUII in Honolulu, HI
If you refused the chemical tests, it is by no means hopeless. You still may not lose your license. Only if you are lawfully arrested will you lose your driver’s license. (See the “When can an officer pull me over?” section of this website for further information). Thus, if a judge determines that the officer did not have probable cause to arrest you, you may keep your driver’s license.
Also, if the officer does not inform you of those sanctions (discussed above) and provide another opportunity for you to consent, you should not lose your driver’s license. These are legal issues that Mr. Holcomb is well-prepared to litigate for you.
