MAUI DUI ATTORNEY
— FORMER MAUI PROSECUTOR —
— AGGRESSIVE REPRESENTATION —
LET US FIGHT FOR YOU
If you or a loved one have been arrested for DUI, the situation can be very unnerving. Our expert Maui DUI attorney provides all prospective clients with an opportunity to meet with us to answer any questions you might have concerning a recent DUI Arrest. We frequently interact with the judges and prosecutors throughout Maui County and we are experts at navigating through the intricacies of the local system. Hire a professional Maui DUI Lawyer to get you the best outcome possible.
Common Questions After a Maui DUI:
- If the arresting officer took my license, what can I do to get it back?
- Am I still able to contest the stop and arrest by police?
- What will happen to me for driving without a license?
- What if I lose and don’t fight my case? Will I go to jail if I get caught driving?
- What is an ignition interlock and how does it work?
- What can I do to avoid installing an ignition interlock in my car?
Call our office to get these questions answered and for a Free Consultation and Evaluation of your case. Making an appointment may just make the difference between winning your case and losing your license. We only represent clients we believe we can help.
Maui DUI Cases are Rarely Hopeless
- Police officers bungle roadside investigations
- Breathalyzers and blood testing are prone to error
- Medical conditions render falsely high blood alcohol content (BAC) readings.
Good DUI defense lawyers capitalize on these issues to win cases. Our Maui DUI attorney is one of the good ones with over 20 years of experience in the criminal justice system and having worked for many years as a Prosecutor for the County of Maui as well as a Prosecutor in New York and both a prosecutor and defense attorney in the United States Air Force.
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Hawaii law imposes certain deadlines that must be met in order to protect your rights. As an example, if your license was taken at the time of your arrest, and the ADLRO (Administrative License Revocation) notifies you that your license is revoked, you must act to protect your license within the mandatory statutory period of 60 Days or you will lose your license without a hearing.
If you got arrested for DUI, we encourage you to contact us for a case analysis with our Maui DUI Lawyer. We want to start by learning from you everything that happened leading up to, during, and after the arrest. We’ll give you our opinion as to the likelihood of prevailing in court.
Typical Process From DUI Arrest Through Court Hearings
The DUI Arrest
Most DUI arrests on Maui begin with a traffic stop or a checkpoint. The officer asks you to perform a series of field sobriety tests and to blow into a breathalyzer. After the arrest, the officer usually asks you to take a blood or breath test at the police station or hospital. You are required by law to take this test and refusing the test may result in tougher penalties and a one-year driver’s license suspension.
For most misdemeanor DUI arrests, the police will release you within a few hours of arrest and booking. For felony DUI or accident cases, you most likely will have to post bail. Upon release, you should be given two documents: a citation to appear in court, and a pink temporary license. The police will usually take your Hawaii driver’s license and mail it to the DMV. If you’re from out of state and get a DUI on Maui, the police here can’t take your physical license.
DUI arrestees can apply for an IID restricted license: IID is short for an ignition interlock device, which is a breathalyzer that keeps vehicles from starting if it detects alcohol. An IID restricted license permits DUI arrestees to continue driving without limitations as long as they keep an IID in their cars. The length of time an IID restricted license lasts depends on the defendant’s DUI history.
The DMV Process
Drivers typically do not lose their license immediately after a DUI. Instead, they get a temporary license that will give way to a suspended license unless they ultimately win their DMV hearing.
You must contact the DMV within 10 days of your arrest to request a DMV hearing. Otherwise, you forfeit your right to a hearing and your license automatically goes into suspension after 30 days. If you hire our Maui DUI lawyer, we can request the hearing for you.
Generally, our DUI attorney conducts the hearing on your behalf. You may or may not be asked to attend. Your lawyer’s main objective is to convince the DMV not to suspend your license. Oftentimes, the DMV hearing is a good opportunity to gather evidence that may prove useful in court.
As an example, we can subpoena the breathalyzer’s maintenance and calibration logs, often revealing a history of malfunctions and inaccurate readings. We can also subpoena the arresting officer to testify at the DMV hearing and elicit testimony about poor DUI training and mistakes in the handling of your case.
At the end of the hearing, the DMV’s hearing officer takes the matter into consideration and later issues written findings. The decision usually gets mailed out in 1 to 30 days. If the DMV finds in your favor, no license suspension is imposed (though a DUI conviction in court could trigger a separate suspension). If the DMV finds against you, your license goes into suspension within a few days of receiving notice.
If Your License Gets Suspended
If you do receive a driver’s license suspension, you can usually get a restricted license within 30 days. This allows you to drive to and from work and any court or DMV imposed alcohol program. Sometimes it is possible to make an arrangement to get you a restricted license more quickly. But you must heed the suspension while it’s in effect. Driving with a suspended license in Hawaii is a crime and can lead to jail time, a probation violation, and a longer license suspension.
DUI Court Proceedings
Most people whose BAC exceeds .08 get charged with two misdemeanor crimes: DUI and Driving with Excessive BAC. Your objective is to avoid a conviction for either of these offenses.
Your Maui DUI attorney most likely can attend all the DUI court proceedings on your behalf…unless there’s a hearing where you have to testify, or the case goes to trial. Most DUI cases may involve several court dates and can span over several months. During this time, your DUI attorney collects evidence, runs motions, and negotiates with the judge and prosecutor seeking a dismissal or a reduction in the charges.
If a settlement is reached involving you pleading to a DUI or a lesser charge, this can be completed one of two ways. You may come to court and plead in person before the judge. Or in many cases, your Maui DUI lawyer can have you sign notarized documents outside of court. Your attorney can then bring the documents to the court and execute the plea on your behalf.
If no settlement can be reached, the DUI case ultimately will get set for a jury trial. Prosecutors and judges often give better deals after a case gets set for trial as there may be more trials on the docket than courtrooms available to accommodate them. Also, problems in the state’s evidence become more apparent when a trial D.A. finally takes a hard look at the case.
Every DUI conviction carries a driver’s license suspension. But it is usually possible for DUI defendants to continue driving without restrictions if they agree to get an ignition interlock device (IID) installed in their vehicles.
Probably the worst impact of a DUI conviction is the long-term consequences: a permanent criminal record and a bad driving record. A top-notch Maui DUI defense attorney gives you your best chance of avoiding both.
If you are facing DUI charges on Maui, then your future is at stake. When your career and freedom are threatened, you can’t afford to work with a lawyer who simply pleads out instead of thinking about your own well-being and best interests. You deserve to have a defense attorney who will fight all the way for you.
You need an attorney that understands the complexities of the justice system in Hawaii. Schedule your free case evaluation with our Maui DUI lawyer now!
Most People Arrested for a Maui DUI Charge Assume the Evidence Against Them is Insurmountable
This is frequently not true.
Fighting a DUI case almost always makes more sense than simply pleading guilty. Here is some information to back that up:
- More than 100 interfering substances, medical conditions, and equipment malfunctions can cause DUI breathalyzers to generate falsely high readings.
- DUI blood testing is prone to error. Often times when a client’s blood sample is retested at an independent laboratory, we get different results and we frequently learn that the original blood sample has been contaminated.
- Police officers are supposed to follow a standardized set of procedures in DUI roadside investigations and very few of them do. Mistakes are commonly made at the roadblock & speed traps set up on Maui.
We handle cases ranging from simple misdemeanor DUI to DUI causing injury, felony DUI, vehicular manslaughter, and gross vehicular manslaughter. Sometimes folks will refer to these types of cases as a DWI or OUI.
Regardless of the type of case, we study the arresting officer’s training and background, examine the breathalyzer’s maintenance history, subpoena and cross-examine officers, and deconstruct the case to find any problems or issues with the case.
If you got arrested for DUI, we encourage you to contact us for a case analysis with our Maui DUI Lawyer. We want to start by learning from you everything that happened leading up to, during, and after the arrest. We’ll give you our opinion as to the likelihood of winning in court.
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“Kristin came into my life when I was on pretty shaky ground. Her support, professionalism, dedication, and generous heart allowed me to get my life back. I could trust her and knew that I had a real partner in a very uncertain time. I felt like I had a sister fighting for me and nothing got past her. To say I recommend her feels like an understatement. I am eternally grateful to have been represented by Kristin and for the outcome of my case.”
‘I had never been in any situation where I needed a lawyer until this past August. Recommended by an Oahu attorney and a personal friend here on Maui, I reached out to Empire Law. Kristin had me at ease with the first phone call! She had my case sorted out immediately and explained everything in terms I could understand. Not only was she able to successfully defend me from an unjust accusation, her empathetic ways towards me and my family offered unexpected emotional support. In a Courtroom setting, her knowledge, fierce presence, and professionalism made me feel confident and at ease. My family and I are eternally grateful to Kristin and we would highly recommend her and Empire Law.”