Law Offices of Dean C.M. Hoe

When to Hire a Reckless Endangerment Attorney

Fri, 16 Jan 2026 05:07:54 GMT

Understanding when to hire a reckless endangerment attorney is crucial for residents and legal professionals in Honolulu. Reckless endangerment charges can carry severe consequences, including jail time, substantial fines, probation, and a permanent criminal record. Whether you’re facing allegations related to traffic violations or other dangerous conduct, having the right legal representation is essential to protect your rights and achieve the most favorable outcome in your case. This article outlines when it’s important to engage a reckless endangerment attorney and how such a professional can make a difference in your defense.

What Is Reckless Endangerment in Honolulu, HI?

In the state of Hawaii, reckless endangerment is defined as engaging in conduct that creates a substantial risk of serious physical injury or death to another person. In Honolulu, the definition and application of reckless endangerment laws are shaped by both state statutes and local enforcement practices. For instance, reckless actions while operating a motor vehicle—such as excessive speeding, aggressive driving, DUI, or dangerous maneuvers—might lead to reckless endangerment charges.

Because reckless endangerment laws can overlap with traffic offenses, particularly when they involve vehicles, it is often necessary to involve a traffic crime attorney <Link to who understands both criminal liability and traffic law nuances. This crossover of legal expertise ensures you have comprehensive defense coverage.

When Should You Hire a Reckless Endangerment Attorney?

Knowing when to hire a reckless endangerment attorney can influence the direction and outcome of your case. Here are critical situations where professional legal representation is essential:

1. Upon Receiving Criminal Charges or a Summons

If you have been formally charged with reckless endangerment or have been summoned to court, it’s vital to retain an attorney immediately. Charges of this nature can escalate quickly, with early court appearances, bail hearings, or pre-trial procedures where legal expertise protects your rights.

2. When Evidence Against You Is Complicated or Disputed

Reckless endangerment cases can hinge on complex evidence—videos, police reports, witness testimonies, and accident reconstructions. A reckless endangerment attorney can analyze this information, identify weaknesses in the prosecution’s case, and apply legal strategies to benefit your defense.

3. If Your Reckless Endangerment Charge Stems From a Traffic-Related Incident

Given how frequently reckless endangerment charges coincide with traffic violations, expertise from a Traffic crime attorney often proves invaluable. These attorneys are skilled in evaluating traffic citations and maneuvering through Hawaii’s DMV and court systems to mitigate penalties.

4. When Facing Potential Jail Time or License Suspension

Because reckless endangerment can result in incarceration or loss of driving privileges, early legal representation is crucial. An experienced reckless endangerment attorney works to reduce the severity of your sentence or explore alternatives such as community service or rehabilitation programs.

5. If You Want to Protect Your Personal and Professional Future

A reckless endangerment conviction may harm your employment prospects, insurance rates, and personal reputation. Engaging a lawyer early not only aims to prevent conviction but also to limit collateral consequences that could impact your life long after the case ends.

The Role of a Reckless Endangerment Attorney in Honolulu, HI

A reckless endangerment attorney’s job is multifaceted:

Investigating the case thoroughly: They examine evidence, including traffic camera footage, accident reports, and witness statements.
Developing a strong defense strategy: Whether it’s challenging the validity of police observations, proving lack of recklessness, or negotiating lesser charges, your attorney crafts a defense tailored to your facts.
Navigating court proceedings effectively: From arraignments to trials, your attorney ensures procedural rights are upheld and advocates persuasively on your behalf.
Handling related traffic offenses: When reckless endangerment is tied to other traffic crimes, your lawyer coordinates defense strategies holistically.

By hiring a reckless endangerment attorney, you maximize your chances of avoiding conviction or minimizing penalties.

Risks of Delaying Hiring a Reckless Endangerment Attorney

Many individuals underestimate the importance of early legal intervention in reckless endangerment cases. Delay can result in missed opportunities to gather exculpatory evidence, file critical motions, or negotiate favorable plea deals. It may also lead to unfavorable court rulings or increased penalties. Because reckless endangerment charges often carry serious weight, acting quickly and securing competent legal counsel is imperative.

Choosing the Right Attorney in Honolulu

When searching for a reckless endangerment attorney in Honolulu, look for:

Local experience: Familiarity with Honolulu’s courts, prosecutors, and law enforcement can be a huge advantage.
Proven track record: Prior success in defending reckless endangerment or traffic crime cases indicates capability.
Personalized attention: Your attorney should be accessible, communicative, and responsive to your needs.
Comprehensive expertise: Ability to handle both reckless endangerment charges and connected traffic offenses.

Protect Your Future With Dean C.M. Hoe, Attorney at Law

If you or a loved one are facing reckless endangerment charges in Honolulu, HI, don’t wait to get help. Hiring a reckless endangerment attorney early in the process is essential to safeguard your rights, build a strong defense, and minimize penalties. Dean C.M. Hoe Attorney at Law offers experienced, dedicated representation tailored to your specific circumstances. With expert knowledge of local laws and a commitment to client success, Dean C.M. Hoe can guide you through the complexities of your case.

Contact Dean C.M. Hoe, Attorney at Law, today to schedule a consultation and take the first step toward protecting your future. When it comes to reckless endangerment charges in Honolulu, having the right legal partner makes all the difference.

What to Expect When Working With a Traffic Crime Attorney

Mon, 18 Aug 2025 11:56:21 GMT

Are you facing traffic crime charges and wondering how best to navigate the complex legal landscape? If you’re in Honolulu, HI, hiring an experienced traffic crime attorney can make all the difference in the outcome of your case. Here’s what you can expect when you work with a traffic crime attorney in Honolulu, HI.

Initial Consultation and Case Evaluation

The process begins with an initial consultation. During this critical phase, your traffic crime attorney in Honolulu, HI, will review the details surrounding your traffic crime allegations. Be prepared to discuss the specifics—dates, times, the nature of the offense, and any evidence you might have. The consultation allows the attorney to evaluate the strength of your case and outline potential defenses.

Thorough Investigation

Upon hiring Dean C.M. Hoe at the Law Office of Dean C.M. Hoe, the investigative phase begins. This step involves gathering evidence that might exonerate you or reduce the severity of the charges. Your traffic crime attorney in Honolulu, HI, will obtain police records, examine the incident scene, and seek out witnesses. This meticulous approach aims to uncover any inconsistencies or procedural errors in how your case was handled.

Negotiation With Prosecutors

One of the key elements of your Traffic Crime Attorney in Honolulu, HI, is negotiating with prosecutors. Dean C.M. Hoe has a reputation for crafting persuasive arguments that may lead to reduced charges or even case dismissals. Your attorney will seek out any loopholes or mitigating factors—like clean driving records or lack of criminal history—that may work in your favor.

Court Appearances and Representation

Not all traffic crime cases go to trial, but if yours does, Dean C.M. Hoe will be by your side throughout the process. Courtroom proceedings can be intimidating; having a knowledgeable attorney ensures you’re adequately represented. They will handle everything from jury selection to presenting your defense to cross-examining witnesses.

Personalized Approach and Dedicated Defense

One of the hallmarks of working with Dean C.M. Hoe is his personalized approach to each case. No two traffic crime cases are alike; hence, your defense strategy should be uniquely tailored. Whether you’re facing a DUI, reckless driving, or hit-and-run charge, Dean will take the time to understand your situation fully and build a solid defense.

Reach Out for Expert Legal Support

Facing a traffic crime charge requires more than just navigating a series of legal steps—it demands an attorney who is committed to defending your rights at every turn. If you find yourself in need of a traffic crime attorney in Honolulu, HI, don’t hesitate to contact the Law Office of Dean C.M. Hoe. Call 808-523-0077 to schedule your initial consultation today. Let Dean C.M. Hoe’s expertise and personalized approach guide you through the complexities of your traffic crime case.

Top 5 Defenses Used by Traffic Crime Lawyers in Honolulu, HI

Mon, 27 Jan 2025 22:28:55 GMT

Facing traffic crime charges in Honolulu, HI, can be stressful, but with the right defense, you may be able to reduce or dismiss the charges. Whether it’s a speeding violation, reckless driving, or driving under the influence (DUI), a skilled traffic crime lawyer in Honolulu, HI can provide valuable strategies to protect your rights.

Top 5 Defenses Commonly Used By Traffic Crime Attorneys

1. Improper Stop or Lack of Probable Cause

One of the most effective defenses is challenging the initial traffic stop. A traffic crime attorney can argue that the officer did not have a valid reason to pull you over. If there was no probable cause or the stop violated your constitutional rights, any evidence obtained during the stop may be inadmissible. For example, an officer might pull you over based solely on a vague or unreasonable suspicion, giving your lawyer a chance to get the charges reduced or dismissed.

2. Faulty Speed Detection Equipment

Speeding tickets often rely on equipment like radar guns or speed cameras, which can be unreliable if not properly calibrated. If you believe that the device used to determine your speed was malfunctioning, your traffic crime lawyer in Honolulu, HI can request evidence that the equipment was correctly maintained and calibrated. Without this proof, it may be possible to challenge the accuracy of the speeding allegation and have the charge dismissed.

3. Mistaken Identity

In some cases, you may not be the person responsible for the alleged traffic violation. Whether it’s a vehicle that looks similar to yours or an officer misidentifying you, your traffic crime attorney can investigate the circumstances surrounding the citation. If there’s any possibility of mistaken identity, the defense can be used to discredit the charge and prevent penalties.

4. Mitigating Circumstances

In cases like DUI or reckless driving, a traffic crime lawyer in Honolulu, HI can argue that mitigating factors should be considered. For instance, if you were driving under extreme stress or facing an emergency, a defense lawyer can request leniency based on these circumstances. A judge may take into account the broader context of your situation, which can lead to reduced penalties, a lesser charge, or a more favorable outcome.

5. Lack of Evidence

Sometimes, the prosecution may fail to present enough evidence to prove that you committed the traffic crime. In these cases, a traffic crime attorney can highlight weaknesses in the prosecution’s case, such as the absence of witnesses, dashcam footage, or any definitive proof linking you to the offense. Without solid evidence, the court may rule in your favor, and the charges could be dropped.

Why Choose Dean C.M. Hoe as Your Traffic Crime Lawyer?

When facing traffic crime charges, having a knowledgeable traffic crime attorney on your side is essential. Dean C.M. Hoe’s

legal team offers strategic and customized defenses tailored to your specific case. Whether it’s challenging improper stops,

questioning faulty equipment, or presenting mitigating factors, Dean C.M. Hoe knows how to fight for the best outcome for his clients.

If you are facing a traffic crime in Honolulu, HI, don’t hesitate to reach out. Let us guide you through the legal process and

help you challenge your charges with confidence. Contact the Law Office of Dean C.M. Hoe today to schedule a consultation and get the legal support you need.

How to Choose the Right DUI Attorney

Sat, 29 Jul 2023 02:26:00 GMT

When facing DUI charges, the most critical decision you’ll make is choosing the right DUI attorney to represent you. A skilled and experienced attorney can significantly impact the outcome of your case, potentially reducing penalties or even securing a favorable dismissal. However, with numerous attorneys advertising their services, it can be overwhelming to select the best one for your situation. In this blog post, we’ll guide you through essential factors to consider when choosing the right DUI attorney.

One of the primary factors to evaluate in a DUI attorney is their experience and expertise in handling DUI cases. Look for an attorney who specializes in DUI defense and has a successful track record in handling cases similar to yours. An experienced attorney will have in-depth knowledge of DUI laws, local court systems, and potential defense strategies, increasing the likelihood of a positive outcome.

A reputable DUI attorney will have positive reviews and testimonials from satisfied clients. Take the time to research online reviews and seek referrals from friends or family members who may have gone through similar experiences. An attorney with a solid reputation and a history of satisfied clients is more likely to provide high-quality representation.

Effective communication between you and your DUI attorney is crucial throughout the legal process. Look for an attorney who is attentive, responsive, and willing to explain legal concepts in a way you can understand. A lawyer who actively listens to your concerns and addresses them promptly will ensure you stay informed and involved in your case.

Before hiring a DUI attorney, discuss the legal fees and payment structure upfront. Some attorneys charge a flat fee, while others bill by the hour or have a combination of both. Ensure that you understand the billing process and any potential additional costs that may arise during the course of your case. A transparent attorney will provide a clear breakdown of costs, allowing you to make an informed decision.

DUI cases can be complex and may require expert witnesses, investigators, or access to advanced technology. Choose an attorney who has access to the necessary resources and a strong support team to build a robust defense for your case.

Feeling comfortable and having a personal connection with your DUI attorney is essential. You’ll be sharing sensitive information with them, so trust and rapport are crucial for a successful attorney-client relationship.

Choosing the right DUI attorney is a decision that can significantly impact the outcome of your case. By considering factors such as experience, reputation, communication skills, and success rate, you can make an informed decision and ensure you have the best possible representation. A skilled DUI attorney will not only defend your rights but also provide guidance and support throughout the legal process, giving you the best chance at a favorable resolution. Remember to research, consult, and trust your instincts when selecting the attorney who will advocate for you during this challenging time.

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What to know about aggravating factors for DUIs

Thu, 06 Apr 2023 23:27:00 GMT

Drunk driving charges are serious enough for any driver in Hawaii. They can mean harsh penalties and a stained criminal record. However, aggravating factors could make the situation even worse for anyone facing these allegations.

What are aggravating factors?

A drunk driving charge means a person is accused of operating a vehicle with a blood alcohol concentration (BAC) at or above 0.08 percent. Aggravating factors increase the severity of a criminal charge and the potential penalties if a person is convicted. In other words, they are circumstances that make an alleged DUI even worse.

State laws in Hawaii identify the following as an aggravating factor:

With so much at stake when it comes to DUIs with aggravating factors, drivers in Hawaii must take seriously their right to defend themselves.

Defending against charges

DUI defense strategies depend on the details of a case. However, when it comes to aggravated DUI, part of the process will likely involve challenging the factors we mentioned above, in addition to contesting the drunk driving allegations.

This can be complicated, but doing so effectively can help a person minimize penalties and have their charges reduced or dismissed.

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How long is a DUI on your record in Hawaii?

Mon, 09 Jan 2023 23:24:00 GMT

Driving under the influence (DUI) offenses can carry serious legal and personal consequences. After the police charge you with a DUI, one of the most common questions is how long it will affect your life.

Hawaii takes DUI offenses very seriously and imposes strict penalties on those convicted. If you have a DUI charge in Hawaii , you may wonder how long it will remain on your record.

Length of DUI on driving record

In Hawaii, a DUI conviction will remain on your driving record for five years. Any time you apply for a new driver’s license or renew your existing one, the DUI conviction will show up on your record. It is important to note that this five-year period begins on the date of your sentence, not the date of the incident. For example, if you had a DUI conviction in 2019, it remains on your record until 2024.

Impact of driving privileges

A DUI conviction can result in the suspension or revocation of your driver’s license. The length of the suspension or revocation will depend on the specifics of your case, such as whether you caused an accident or had a high blood alcohol content at the time of your arrest. Generally, a first-time DUI offense will result in a 90-day license suspension, while a second or subsequent offense can result in a one-year suspension or revocation.

A DUI conviction can also impact your car insurance rates. Insurance companies consider DUIs a high-risk driving behavior so that you may see an increase in your premiums following a conviction.

In Hawaii, a DUI conviction can have severe consequences for your driving privileges and insurance rates, so it is beneficial to try and fight having a DUI on your record.

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Parents of teenagers: Preventing DUIs

Mon, 12 Dec 2022 23:19:00 GMT

As a parent of a new driver, you hope your teen will drive safely and make good choices every time he or she gets behind the wheel.

Many teenagers under 21 partake in the consumption of alcohol in social situations, and while underage drinking is illegal in itself, driving under the influence can have devastating consequences.

Zero tolerance

Hawaii’s DUI conviction penalties are severe for all drivers, and for underage drinkers operating a motor vehicle or moped, there is zero tolerance. First-time offenders face mandatory alcohol abuse counseling, license revocation, community service and fines from $150 to $1,000. Second and third-time offenders face increased penalties as well as mandatory incarceration.

Reduce the risk

The teen years are a time for rebellion and experimentation but as a parent of a minor, you are accountable for raising a socially responsible human being. Therefore, you should have a plan for preventing run-ins with law enforcement that could result in a DUI arrest:

When handing over the car keys to your teenagers, make sure they understand the DUI laws in Hawaii as well as their legal rights when speaking to police officers.

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What to expect after your DUI arrest

Thu, 08 Dec 2022 23:21:00 GMT

The DUI court process can be confusing, especially if you have never faced criminal charges before.

Unfortunately, a lack of knowledge leads many people to plead guilty without fully understanding their options or the consequences of a guilty plea.

Arraignment

During the arraignment, you enter a plea of guilty, not guilty or no contest.

If you plead guilty or no contest, you will have a DUI charge on your record for five years; this comes with financial and professional costs. If the state has strong evidence against you, you may see no option but to plead guilty. However, you may have options to fight the charge .

Preliminary hearing

If you plead not guilty at your arraignment, the court schedules a preliminary hearing. At this point, the judge decides whether the evidence is sufficient to bring your case to trial.

ADLRO hearing

In Hawaii, the Administrative Driver’s License Revocation Office handles civil penalties for DUI cases. After your arrest, ADLRO normally suspends your license. You can then request an ADLRO hearing. In limited circumstances, the ADLRO may authorize an employee driver’s permit or ignition interlock device.

The ADLRO operates separately from the court. Even if the court dismisses the charge or acquits you, the ADLRO can uphold the license suspension.

Trial

Most DUI trials are bench trials; a judge decides the outcome of your case. At your trial, you and the prosecutor have the opportunity to present evidence and call witnesses. Bench trials generally take a few hours.

It is important to understand the charges against you and the legal process that takes place following a DUI arrest. This understanding improves your chances of a favorable outcome.

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How do sobriety tests work in Hawaii?

Tue, 15 Nov 2022 23:17:00 GMT

During a traffic stop, law enforcement officers can administer breath and field sobriety tests to a driver if they suspect intoxication. These tests can provide evidence that could lead to a DUI arrest. In addition, refusing to take a test could lead to serious legal consequences, including a suspended license.

Drivers in Hawaii should be aware of the state’s rules regarding field sobriety and breath tests.

Field sobriety testing

Police officers assess drivers’ intoxication levels by administering various field sobriety tests. There are three standardized tests that officials typically employ. In the one-leg stand test, law enforcement observes the balance of a driver standing with one foot lifted six inches off the ground. To complete the walk-and-turn test, drivers must walk along an imaginary line and pivot. Finally, in the horizontal gaze nystagmus test, an officer moves an object in front of a driver and observes eye movements.

Field sobriety tests can be helpful for law enforcement, but they are not always accurate. Certain tests may not be reliable when applied to older drivers and drivers with health conditions that affect balance. Furthermore, officers must perform field sobriety tests correctly to obtain truthful results.

Breath tests in Hawaii

Law enforcement also uses breath tests to assess blood alcohol concentration . In Hawaii, drivers must not have a blood alcohol concentration over the .08 legal limit. Furthermore, higher levels of intoxication can lead to more severe consequences. Officers must have probable cause before pulling over a driver and performing a breath test. In addition, law enforcement must calibrate the machine and keep it clean and functional.

Officers in Hawaii use field sobriety and breath tests to investigate drivers they believe are under the influence.

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What are your rights when pulled over in a Hawaii traffic stop?

Mon, 19 Sep 2022 23:13:00 GMT

It can be a nerve-wracking experience when a police officer pulls you over for a traffic stop. You might worry about receiving a punishment you do not deserve, or conducting yourself inappropriately toward an officer of the law.

You can alleviate these concerns by knowing your rights and the overall rules surrounding traffic stops in Hawaii. By understanding these rights, you can respond fittingly to a traffic stop or take action against an officer who infringes upon your rights.

Officers must have a reason for the traffic stop

An officer of the law cannot pull you over, write a ticket, or conduct an arrest without adequate reason. The Honolulu police department outlines procedures that officers must follow in order to protect the rights and safety of all involved in a traffic stop. As part of this procedure, officers should explain the reasons for their actions and answer any questions you might have.

You have the right to remain silent

Most people know that they have the right to remain silent during exchanges with the police, but many do not know the extent to which they can exercise that right. Keep in mind that you do not have to provide any information aside from your own name nor do you have to consent to a search of your vehicle. In the event of an arrest, you do not have to answer any questions until your lawyer is present or until the government appoints a lawyer to your case.

While it may seem like the best decision to unquestioningly cooperate with the police during a traffic stop, your rights exist for a reason. Choosing to ask questions or remain silent can go a long way toward protecting you against unjust behavior.

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Strategies for mental growth after a DUI

Wed, 08 Jun 2022 23:02:00 GMT

After you get arrested for drinking and driving, the resulting experience can affect your life in a number of ways. Not only will you face legal consequences, but you may also struggle to cope mentally and emotionally with the ensuing process.

Some of the consequences of DUI in Hawaii, according to the National College for DUI Defense , can include license suspension, community service, participation in an alcohol rehabilitation program and jail time. Struggling to cope with these consequences after a DUI is normal, and there are ways to grow mentally following your arrest.

Proactively face the consequences

A DUI will affect your life, so try not to ignore the problem or pretend like the situation has not happened. Once you understand how a DUI can potentially impact your life, you can proactively prepare to work through what will come.

Create new goals

One of the ways you can start rebuilding your personal, professional and financial life after getting a DUI is by setting new goals. Set both short- and long-term goals for yourself that account for how the arrest could change your circumstances.

Seek professional help

If you think you could have a problem with alcohol abuse, it may be beneficial to seek help from a professional. This support can help you work through the emotional effects of the arrest and the potential of a conviction.

It can take time to move forward after you get arrested for DUI. But taking these steps can help you change your life and improve your mental and emotional health.

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Rules surrounding traffic stops in Hawaii

Fri, 17 Dec 2021 22:53:00 GMT

If a law enforcement official believes you are not following the law while driving, he or she can pull you over and initiate a traffic stop. When you get pulled over by law enforcement , you have certain rights.

During a traffic stop, police must adhere to correct procedures to lawfully complete this process. If the officer conducting the stop does not follow these procedures, any evidence collected may not hold up in a court of law.

Initiating the traffic stop

The Honolulu Police Department states that when law enforcement officials want to initiate a traffic stop, they must first use their vehicle’s flashing blue light and siren to alert you to their intentions. To protect the safety of everyone involved, law enforcement officials must direct all affected automobiles to the right side of the road.

Approaching the vehicle

When approaching the stopped vehicle, law enforcement officials must treat the vehicle’s occupants with courtesy and respect. At this point, law enforcement officials should identify themselves, provide their reasoning for the stop and request relevant information from the vehicle’s operator.

Issuing a citation

While issuing a ticket, law enforcement officials should provide a reason for the citation. They should also answer any questions the vehicle operator might have at this point.

Officers must have a reason to pull you over and conduct a traffic stop . Although you could be at risk of receiving a ticket after you get pulled over, the law enforcement official must adhere to this procedure to correctly conduct the process.

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The rules for breath and field sobriety tests in Hawaii

Wed, 15 Dec 2021 22:58:00 GMT

If you are suspected of drunk driving, an officer may decide to test for intoxication. To determine your level of intoxication, they may perform field sobriety tests and a breath test.

If these tests suggest that you have exceeded the legal limit for blood alcohol content, you could get arrested for DUI . However, law enforcement officials must conduct any field sobriety and breath tests accurately to gather usable evidence.

Hawaii’s implied consent law

In Hawaii, according to the State of Hawaii, anyone who operates a car on a public way, road or highway anywhere in the state is subject to tests that determine their blood alcohol concentration or drug content during an arrest. Law enforcement officials must have probable cause that the person they pullover has a measurable amount of alcohol or drugs in his or her system.

Field sobriety tests vs. breath tests

Before an arrest for DUI, law enforcement officials may start with a field sobriety test to determine if you are under the influence. Most field sobriety tests include a walk and turn test, a one-leg stand test and a horizontal gaze nystagmus test. A breath test involves blowing into a small device that measures the amount of alcohol in your system.

Refusing to participate in a field sobriety test or take a breath test during a DUI arrest can result in additional consequences. For example, you could put your ability to maintain your driver’s license at risk and aggravate the DUI charges against you. After a DUI arrest , a local criminal defense attorney can help you determine whether authorities behaved properly and what your next steps should be.

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Mental health and DUI

Mon, 16 Aug 2021 22:51:00 GMT

Stress may have an undue and unfortunate influence on how you make decisions. Driving through the island under the influence of alcohol may land you in jail, or worse, in the hospital.

Getting a DUI may shine a light on a more significant issue. Discussions around mental health are gaining traction of late, and one thing that people may not consciously realize is how intrinsic mental health and mood are to decision making. While a DUI is not ideal for mental health, it may prove a catalyst to getting help.

The impact of a mental health disorder on a DUI

Suffering from a mental health disorder, such as depression or anxiety, may increase the likelihood of a DUI . People dealing with these types of mental difficulties often self-medicate with alcohol and drugs. Thus, a DUI may provide the opportunity to seek the treatment your condition necessitates. This may go a long way when going to court to seek a reduction in charge or alternative to jail time.

The effect of a DUI on mental health

On the other hand, getting a DUI may send you into a mental health spiral. The stress and implications on the present and future may prove too much to bear. This is why it is crucial to fight a DUI instead of simply taking the punishment and the mark on your record. The court may allow the opportunity for classes that may help stop the spiral by giving you the tools necessary to pull yourself out.

A DUI does not have to lead to a life of worry and stress if handled properly. It may also prove a wake-up call that identifies any underlying mental health issues.

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Can you get your license back after a DUI stop

Thu, 15 Apr 2021 22:48:00 GMT

A stop for driving under the influence of alcohol is not only likely to ruin your night, but it may also expose you to a variety of legal penalties and life consequences. If you have a blood alcohol concentration at or above 0.08% or refuse a breath test , you typically must surrender your driver’s license.

Obviously, you need your driver’s license to get to work, the grocery store, your house of worship or other places. While it is not usually easy, you may be able to get your license back after a DUI stop.

Request a hearing

If you lose your driver’s license, you may want to request a hearing. At this hearing, you can present evidence to prove why officials should overturn your suspension. While you can do your administrative hearing on your own, you chances of success are typically improved with the assistance of an attorney with experience doing DUI cases. This is especially true if you have a compelling case.

Comply with the requirements of your restricted license

If you have a restricted license and an ignition interlock device, it is critical to comply with all associated requirements. These likely include paying for device installation and calibration and providing an alcohol-free breath sample every time you climb behind the wheel.

Failing to comply with the requirements of your restricted license may result in its suspension. Unfortunately, restricted license infractions may also make it more difficult to regain your regular driving privileges.

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Penalties for repeat DUI offenders

Fri, 12 Feb 2021 22:43:00 GMT

If you are facing a repeat charge for a DUI, you might find yourself feeling overwhelmed and confused. After all, the laws involving DUIs are complex and change periodically. Repeat offenders are subject to stiffer penalties upon conviction.

Having a record of DUI arrests does not mean a subsequent conviction is certain. It does, however, make overcoming repeat DUI offenses more challenging. Also, DUIs do not just involve alcohol, they also include marijuana, prescription medicines and narcotics. A vital component of any successful DUI defense strategy is knowing the penalties for repeat DUI offenders .

Second DUI

A second DUI conviction carries a minimum 29-day jail incarceration sentence, an additional 45 days to 11-months behind bars, successful completion of an alcohol/drug diversion program, mandatory fines of up to $3,500, the use of an ignition interlock device and license suspension/restriction period of up to two years.

Third DUI

A third-time DUI requires the loss of vehicle through forfeiture, a mandatory minimum incarceration period of 29 days, with an increase of up to 11 months, license revocation/suspension period of six years, payment of up to $10,000 in restitution, the use of an interlock ignition and completion of a drug and alcohol program.

Fourth and subsequent DUIs

Repeat offenders facing their fourth or higher DUI charge are subject to spend a minimum of 150 days in jail and an incarceration sentence of one-year, the loss or restriction of driving privileges for up to eight years, vehicle forfeiture, the use of an interlock ignition and restitution.

Bear in mind that  recent DUI law changes mandate that offenders who are on their seventh or higher offense serve an incarceration term of at least nine years. The max incarceration term for repeat offenses at this level is 15 years.

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Do I have to take a breathalyzer or field sobriety test?

Mon, 25 Jan 2021 22:38:00 GMT

When police pull you over on your way home from a night out, you most likely are concerned that you may have had too much to drink. You know it doesn’t take many drinks to hit Hawaii’s .08 limit, and you really don’t want to face drunk driving charges. More than likely, police first will talk with you, trying to see if you slur your speech or smell of alcohol. Then officers may ask you to perform a field sobriety test or take a breathalyzer test to determine your blood alcohol content.

Can you simply refuse to take these tests?

Hawaii DUI rules

Drivers in Hawaii aren’t required to perform field sobriety tests. You can refuse to take one at a DUI stop and not face additional penalties. You also can refuse to take a breathalyzer test. However, you can have your driver’s license suspended for two years just for refusing a breathalyzer test – even if you weren’t driving drunk. However, if you submit to the test, your blood alcohol content may register .08 and police will arrest you for DUI.

What about field sobriety test and breathalyzer accuracy?

Field sobriety tests, if administered correctly, often are very accurate. However, you can fail a sobriety test for other reasons than intoxication. You may have a medical condition that impacts your ability to balance well, or if you are elderly, you also could fail because you can’t physically perform the test well.

Yet officers don’t charge drivers with a DUI just because of a failed sobriety test. The breathalyzer test holds more weight in showing that a driver is intoxicated. However, breathalyzer tests can be inaccurate too if:

What to do if you face DUI charges

If police arrest you for DUI after a breathalyzer test, you should contact an experienced criminal defense attorney immediately. An attorney can help review the circumstances of your arrest and work to get your charges reduced or dismissed. An attorney also can present a strong defense against the charges, so you possibly can have penalties for your DUI minimized .

You want to be proactive when facing DUI charges, so you can move forward with your life and avoid getting a DUI conviction, which will impact your life on many levels.

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The proper rules when it comes to traffic stops

Sun, 20 Dec 2020 22:35:00 GMT

Law enforcement is out in droves tonight. And just a few minutes from home, your car is pulled over in a traffic stop. It appears not to be your lucky day. You wonder the reason why the police officer turned on his flashing lights. You will soon find out, so try to stay calm.

But you must remember that there are rules for nearly everything. And rules also apply to traffic stops. Law enforcement must adhere to specific protocols when making a traffic stop. They must have relevant reasons for doing so. After all, we do not live in a police state.

Probable cause and reasonable suspicion

Here are some key points that apply to the rules related to traffic stops:

In cases related to drunk driving, law enforcement must know how to correctly administer roadside sobriety tests as well as how to properly administer a breathalyzer. You have rights. Please do not let authorities attempt to take advantage of you.

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How much does a Hawaii DUI raise your insurance rates?

Tue, 01 Sep 2020 22:32:00 GMT

When authorities in Hawaii stop you and charge you with driving under the influence, you may face sizable penalties that have the potential to impact you personally, professionally and financially. You may have to spend time behind bars, for example, and you may also have to perform mandatory community service and pay hefty fines, among other repercussions.

You may, too, per Insure.com, see a large increase in the amount of your annual automotive insurance premiums once you start driving again after your conviction.

How long a DUI stays with you

In Hawaii, a DUI conviction stays on your record permanently, so you should expect to pay an elevated insurance rate for a three year period. How much of an insurance rate hike should you anticipate after a DUI?

How much a DUI raises insurance rates

If you had a pretty standard driving record before your drunk driving charge, you may have paid about $1,255 each year to insure yourself behind the wheel. Once you have that DUI conviction, though, you could expect to pay closer to about $3,866 annually.

In other words, a Hawaii DUI has the potential to raise your annual insurance premiums by a whopping $2,611 a year. How does this compare on a national level? In most states, drivers with DUIs see their insurance rates rise by an average of 80%. In Hawaii, though, you are looking at an annual rate increase of 208% following a DUI conviction.

How to seek more favorable rates

You may have limited options for insurance following a DUI, as some insurers may decide not to cover you at all. However, it may serve you well to shop multiple insurance providers if you want to find the best possible rate. However, it may serve you well to shop several insurance providers if you want to find the best possible rate.

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How does expungement work in Hawaii?

Thu, 09 Jul 2020 22:26:00 GMT

If you face charges for driving under the influence, you likely have questions about how a conviction will affect your future. Some DUI offenders can qualify for expungement of charges in Hawaii.

Learn more about how to qualify for expungement in Hawaii and steps to take to clear your record after a DUI arrest.

The benefits of expungement

After the court expunges your record, all expunged arrests remain confidential. The court will not provide information about those charges to anyone who requests a background check. However, Hawaii courts and state agencies can still access the arrest data.

Once the state grants expungement, you can also request that the court seal your arrest records. This removes arrest data from publicly available court databases within a reasonable time frame. Keep in mind that Hawaii automatically seals juvenile arrest records.

Qualifying charges

However, not all records can be sealed. Hawaii only allows individuals to seek expungement for specific cases. These include:

The application process

The state recommends that individuals seeking expungement have the assistance of an attorney. For some offenses, waiting periods or other special circumstances apply.

You can submit your application online or in person at the Hawaii Criminal Justice Data Center. Include a copy of the court documents from your original arrest. The fee for expungement is $35 for the first request and $50 for subsequent requests.

Once Hawaii approves your request, you will receive an expungement certificate by mail. The process can take up to four months. If your conviction does not qualify, you will receive notification along with a refund for your fee minus a $10 administrative charge.

You can request duplicate copies of your expungement record from the Hawaii Criminal Justice Data Center. The state will also request that the Federal Bureau of Investigations remove information about expunged charges from its database.

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The impact of a DUI on real estate agents

Fri, 24 Apr 2020 22:22:00 GMT

Professional impacts of a DUI conviction are separate from what happens when you go to court. What your professional association decides to do is up to it and its board. This can vary from profession to profession, and it seems that real estate agents may get the worst of it in Hawaii.

The law already puts strict penalties in place for drinking and driving. Even for a first-time conviction, you will lose your driver’s license for at least a year. However, the commission that manages the licensing of real estate agents will apply additional punishments , according to Honolulu Civil Beat.

The bulletin announcement

One of the worst penalties the commission will impose on you is publishing your name in the bulletin as a criminal offender. Since most agents in the state read the bulletin, this becomes big news fast in the community. Everyone will be aware of your conviction, which can turn a simple mistake into a nightmare. It labels you in a way that can be very damaging to your reputation within the industry.

The worst part of this is that this practice seems to be unique to real estate. Other industries that require professional licensing do not publish information in this way so that everyone becomes aware of it so easily.

Financial penalty

The commission will also make you pay fines in addition to any the court imposes on you. While they do not refer to it as a fine to avoid double jeopardy issues, this penalty can cost you about $500, but there is a potential for the commission to assess a penalty up to $2,000, depending on the situation.

Mixed feelings

Some people think the additional financial penalties and the very public publishing of the conviction go beyond reasonable sanctions for a DUI offense. They feel it is more damaging than the actual conviction. However, others feel a DUI is such a severe offense that it requires strict punishment. After all, real estate agents do spend a lot of time driving and often drive clients, so they must be reliable when it comes to being safe on the road.

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Underage DUIs may have repercussions outside of court

Sat, 07 Mar 2020 22:17:00 GMT

Young adulthood can be a time to make mistakes and learn from them, but that is no excuse when it comes to Hawaii’s drunk driving laws. Where the police hold drivers 21 and older to the blood alcohol concentration (BAC) standard of .08%, Hawaii’s zero-tolerance policy for underage drinkers means that any amount of alcohol in their system could result in a DUI charge. This policy escalates the consequences for underage drinkers when they decide to get behind the wheel.

Beyond the criminal charges

When an underage drinker is charged with a DUI, the consequences can extend way beyond any criminal charges or civil fines. Here are some ways that a DUI can affect a young person’s life:

Working for your child’s future

Despite the far-reaching consequences of a DUI charge, Hawaii has an expungement process for DUIs committed under the age of 21. You don’t want a DUI conviction ruining your child’s chances for an excellent education and career. Contact a criminal defense lawyer with in-depth experience in underage DUI cases to fight for your child’s future.

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Increased penalties for repeat and first-time DUI convictions

Thu, 16 Jan 2020 21:42:00 GMT

Motorists in Hawaii charged with driving under the influence now face much stricter punishments if convicted. A first-time offender could expect to pay a fine and also have his or her driver’s license suspended for up to one year.

Several changes made through 2019’s House Bill 703 also increase the penalties that habitual or repeat offenders may receive, as reported by the Hawaii Tribune-Herald. Motorists convicted of three or more DUI offenses within 10 years may find themselves facing up to five years in jail or on supervised probation.

HB 703 requires that repeat offenders receive a mandatory license suspension for anywhere between three to five years and pay a fine of at least $2,000. Habitual offenders may also forfeit their vehicles.

DUI task force looks into tougher enforcement

After several high-profile accidents occurred throughout the islands, officials of the Aloha State approved the creation of a task force to work out ways to enforce tougher DUI penalties. The working group considered a plan that would enforce a three-year prohibition on alcohol purchases for convicted DUI offenders. Further proposals from the task force could become part of the state’s 2020 legislative agenda.

Reasonable cause required for vehicle stops

Law enforcement officials have the authority to increase their efforts in pulling over motorists suspected of operating a vehicle while impaired. A law enforcement official may not, however, stop a motorist without reasonable cause to suspect that he or she is driving while under the influence. Signs of impairment may include speeding, making an illegal turn or swerving in and out of lanes.

Drivers may contest charges

During a traffic stop, if a motorist slurs words or emits a strong odor of alcohol, the officer may request the driver to submit to a breathalyzer test. Without strong evidence of a motorist’s impairment, however, a charge may not result in a conviction. An individual has the right to contest the charge to protect his or her driving privileges and standard of living.

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Third DUI offense in 10 years may now result in jail time

Mon, 13 Jan 2020 21:47:00 GMT

Once viewed as lenient in its DUI laws by Mothers Against Drunk Driving, Hawaii has enacted harsher penalties for operating a motor vehicle while intoxicated. Beginning in July of 2019, a third DUI conviction within 10 years may bring drivers potentially devastating effects.

As reported by the Hawaii Tribune-Herald, the new law lowers the requirements for habitual DUI arrests (HRS 291-E61.5). The previous law required at least three prior convictions during a 10-year time span for harsher penalties to apply. The new threshold of two prior convictions within that same time frame opens up the possibility of prison time for a third offense.

Possible DUI third-offense penalties

Under the new law, a third conviction for DUI within 10 years may bring a sentence of five years in prison. Probation for the same length of time may be an alternate punishment, but sentencing may also include a fine ranging between $2K and $5K. Additional penalties may also apply, such as a convicted driver forfeiting his or her vehicle and a loss of driving privileges for up to five years.

During the first month of the new law, at least four repeat DUI arrests took place in Oahu. The individuals charged all face lengthy prison terms.

Taskforce creation and an examination of a rejected provision

Hawaii may continue to move forward with revamping its DUI laws. The establishment of a DUI task force may pave the way for future changes, and it may also propose a way to implement a provision of the new DUI law rejected by the state legislature. The initial bill sponsoring the new law proposed that DUI convictions would result in a three-year prohibition of public consumption or purchase of alcohol. A working group may offer a method of implementation for the rejected provision in 2020.

Defending against DUI charges

The new DUI laws may create serious issues for drivers in the Aloha State to contend with if charged with a second offense. There are, however, defenses that may stop a DUI prosecution . Individual circumstances and the nature and details of the arrest may play a significant role in the outcome.

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Welcome to our blog

Mon, 26 Aug 2019 20:50:00 GMT

We established this blog to share stories and information about topics relevant to our drunk driving defense practice. Our intent is to regularly provide posts highlighting legal issues of local, state and national interest that we think you will find interesting regarding facing charges of driving under the influence (DUI) of alcohol or drugs and other criminal charges. Check back later for updates.

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