Hawaii DUI Penalties Hawaii DUI law is outlined in §291E-61. The statute prohibits operating or assuming actual physical control of a vehicle while under the influence of drugs or having a blood alcohol concentration (BAC) level of .08% or higher. Penalties for driving under the influence can vary depending on your BAC and other circumstances of the case, but First-time DUI offenders will face 72 hours of community service, up to five days in jail, and up to $1,000 in fines. They must also complete a 14-hour rehabilitation program and are subject to a 90-day license revocation. Second off ..read more

What Are Your Rights When Stopped? Your rights when stopped by the police can vary based on whether you are in your vehicle or walking: If Stopped in Your Car Suppose police stop you while in your car. You have specific rights. These include: Police generally must have probable cause – You have the right to ask why you have been stopped. If law enforcement does not have probable cause to believe you are intoxicated, in violation of traffic laws, or have otherwise broken the law, they do not have a right to stop your vehicle. You have the right to remain silent – You are under no legal obligat ..read more

What Could Lead to False Accusations? False accusations happen in many situations and can even start from a simple misunderstanding. They occur in one or more of the following scenarios: Mistaken Identity When a witness or the alleged victim of a crime accidentally misidentifies the person responsible for the crime, mistaken identity can occur. Mistaken identification most frequently happens during police suspect lineups. Misremembering Witness statements used to be considered ironclad evidence; however, alleged victims and witnesses recount traumatic and emotional experiences. This may make i ..read more

Many are quick to assume that alimony is awarded all the time. However, this is not true in the state of Hawaii. Unless divorcing spouses agree, or there is a considerable wage difference between the spouses, alimony may not consistently be awarded. If alimony becomes a point of contention as part of your divorce, the court system will determine whether alimony should be issued. Some of the factors taken into consideration by the Hawaii family courts include: Both spouse’s physical and mental health How long the couple was married Both spouse’s earning capacity Both spouse’s ages Both spouse ..read more

What are Restraining Orders? The court system issues temporary restraining orders (TRO) in Hawaii to protect someone who has allegations of harassment or abuse. TROs are designed to prohibit the accused attacker from contacting the alleged victim, remove the accused attacker from their residence, and protect children who may be at risk. In many cases, TROs are abused by applicants hoping to secure sole custody of their shared child or children. Once a TRO is in place, you will be prohibited from contacting the person who took out the TRO against you. There may be other terms you need to follow ..read more

Levels of Crimes in Hawaii In Hawaii, crimes are categorized based on the seriousness of the crimes and any potential penalties. If you are arrested in Hawaii, you will be charged with a felony or a misdemeanor. Felonies A felony is a serious crime such as manslaughter, kidnapping, rape, fraud, aggravated assault, vehicle theft, child pornography, child abuse, and armed robbery. These crimes have severe penalties. They can result in time served in state prison and thousands of dollars in fines. You will also have a criminal record which will have a long-term impact on your life. Some crimes wi ..read more

When your circumstances or those of your ex-spouse change, it can impact your ability to meet child custody or support obligations. Luckily, it is possible to change child support or child custody agreements in Hawaii. When is Child Custody and Support Established? Various issues arise during divorce, and things can get contentious. And while child custody and child support are the most common reasons for disagreements during a divorce, they will be outlined in their child custody agreement when the parties agree on the terms. However, if parties cannot agree on these issues, the Family Court ..read more

What Should I Expect After My Arrest in Hawaii? Following your arrest, you will be processed by the police department and arraigned at a hearing with a judge. If this is your first arrest and you’re charged with a minor crime, you’ll probably be released on a promise to appear for future court dates. But that’s not guaranteed. The crime you’re charged with may have a predetermined bail amount. If the judge thinks there’s an issue with the situation or the charges are serious, you will need to pay bail and promise to follow specific rules before you’re released. If you have the money on hand or ..read more

Still unsure whether you need an attorney? Keep reading for the top five reasons you need legal representation. 1. You Could Keep Your License Driving under the influence and Operating a Vehicle While Under the Influence of an Intoxicant charges result in a minimum license suspension of one year. If you have previous DUIs or OVUIIs, you can expect a more prolonged loss of driving privileges. Habitual DUI offenders can have their licenses suspended for up to five years, or in rare cases, for up to ten years. Most people find life without a driver’s license to be complicated. You’ll be unable to ..read more

You’ll want an aggressive Hawaii sex crime lawyer on your side. This is often the difference in defendants accused of sex crimes clearing their names and avoiding conviction. Hawaii Sex Crime Cases Sex crime convictions carry some of the harshest penalties under Hawaii law. You’ll want to find a defense lawyer with experience and prior success in sex offense cases such as: Sexual assault Rape Statutory rape Sexual abuse Child molestation Date rape Child pornography crimes Prostitution Internet sex crimes Your reputation and freedom are at risk, but one of the worst penalties of a sex crime c ..read more