Habitual offenders in Hawaii may have to face up to five years in jail along with five years of license suspension and up to $5,000 in fines. Even for the first DUI conviction, you may face up to five days in jail and may have to do 72 hours of community service. Expectedly, this is not a charge that you can take lightly. If convicted of driving under the influence, it can actually have other indirect consequences on your life. No matter the circumstances, you need to contact an attorney to understand the defense options. Below, we have listed common DUI defenses, but bear in mind that these are not blind solutions. Each case is unique, and only an experienced attorney can help defend your case as per the circumstances.
- You were just driving badly and were charged with DUI. Your blood alcohol content should be .08% or more at the time of taking the test. If you were driving rashly and were charged with DUI, this could be your defense.
- You just had symptoms of intoxication. Just because you looked drunk doesn’t mean that an officer can charge you with DUI. If you feel that you are facing the charges because you looked or behaved in a certain way, let your attorney know.
- The Field Sobriety Tests (FSTs) were not accurate. In case you feel that the Field Sobriety Tests (FSTs) were not accurate or there are likely to be mistakes, your lawyer may use that in your defense.
- The norms were not followed. If the arresting officer failed to conduct the test as per protocols or there was no observation period, you could use it as your defense when facing DUI charges. Officers are expected to adhere to basic norms.
- You had health conditions that inflated your BAC. This is also possible, especially for patients suffering from diabetes and other conditions. If you are on a high protein diet, this could also affect your BAC in some circumstances.
DUI defenses are often complicated and hard to understand. If you think you have been charged wrongly or when the charges don’t define your exact condition at the time of testing, consider speaking to a lawyer. Lawyers can ensure that you don’t suffer due to false lab tests or circumstantial evidence. Your attorney can also help reduce or can get the charges dropped, depending on what the situation is like.