Felony DUI in Hawaii

What constitutes a Felony DUI in our state, and how is it different from a misdemeanor DUI in Hawaii?

A Felony DUI in Hawaii is defined as a DUI offense that results in serious bodily injury to another person. Felony DUIs are prosecuted as Class C felonies and are punishable by up to five years in prison and/or a fine of $2,000 to $10,000.

A Misdemeanor DUI in Hawaii is defined as a DUI offense that does not involve bodily injury. It is prosecuted as a misdemeanor and is punishable by up to one year in jail and/or a fine of $500 to $1,000.

Are there specific criteria or aggravating factors that elevate a DUI to a felony in Hawaii?

Yes. In Hawaii, a DUI can be elevated to a felony under certain circumstances, including if the DUI was the fourth conviction in a span of 10 years, if the DUI was committed while driving with a child under the age of 15 in the vehicle, or if the DUI resulted in serious bodily injury to another person.

How many prior DUI convictions are necessary for a DUI to be considered a felony in Hawaii?

In Hawaii, a DUI is considered a felony if the individual has three or more prior DUI convictions.

What are some common aggravating factors that can lead to a Felony DUI charge in Hawaii?

1. Driving with a blood alcohol content (BAC) of 0.15 or higher.
2. Causing an accident or injury while driving under the influence.
3. Driving under the influence with a minor in the vehicle.
4. Refusal to submit to a breath test or other chemical testing.
5. Prior convictions for DUI or related offenses.
6. Driving recklessly while under the influence of drugs or alcohol.
7. Driving on a suspended license due to a prior DUI conviction or other offense.

What are the potential penalties and consequences of a Felony DUI conviction in Hawaii?

The potential penalties and consequences of a Felony DUI conviction in Hawaii can include:

1. Prison sentence of up to 10 years
2. Up to a $25,000 fine
3. Driver’s license suspension for up to 5 years
4. Ignition interlock device (IID) installation in the vehicle
5. Court-mandated alcohol abuse treatment program
6. Up to 500 hours of community service
7. Vehicle forfeiture
8. Loss of voting rights and/or gun rights.

Is there a mandatory minimum sentence for Felony DUI convictions in Hawaii?

No, there is no mandatory minimum sentence for Felony DUI convictions in Hawaii. The court has the discretion to set sentences according to the circumstances of the case and the defendant’s criminal history.

How do prior DUI convictions from other states impact Felony DUI charges in Hawaii?

In Hawaii, a prior DUI conviction from another state can be used to enhance a felony DUI charge. This means that if a person is charged with a felony DUI in Hawaii and they have a prior DUI conviction from another state, the penalties for the charge may be harsher. For example, if the person has one prior DUI conviction from another state, they could face an additional two years of jail time and/or a $2,000 fine. Additionally, the court may order them to attend alcohol education classes or face community service.

Can a Felony DUI result from DUI-related accidents causing injury or death in Hawaii?

Yes, a felony DUI can occur from DUI-related accidents causing injury or death in Hawaii. Depending on the seriousness of the injuries sustained or death caused by the accident, the driver may be charged with vehicular assault, vehicular manslaughter, or negligent homicide. The penalties associated with these charges can include lengthy prison sentences and significant fines.

Are there distinctions in penalties between Felony DUI and DUI involving drugs in Hawaii?

Yes, there are distinctions in penalties between felony DUI and DUI involving drugs in Hawaii. A felony DUI, or Driving Under the Influence of Intoxicating Liquor (DUI-IL) is a criminal offense that results in a felony conviction and can result in up to five years’ imprisonment and fines of up to $10,000. A DUI involving drugs in Hawaii, or Driving Under the Influence of Drugs (DUI-D) is a misdemeanor offense punishable by up to one year in jail and fines up to $1,000.

Do commercial driver’s license (CDL) holders face unique consequences for Felony DUI in Hawaii?

Yes, CDL holders face unique consequences for Felony DUI in Hawaii. CDL holders convicted of a Felony DUI in Hawaii may face a longer suspension of their license than drivers without a CDL, as well as permanent revocation of their CDL. In addition, a Felony DUI conviction can result in up to five years in prison and fines of up to $10,000.

What is the role of ignition interlock devices (IIDs) in Felony DUI cases in Hawaii?

In Hawaii, an ignition interlock device (IID) may be ordered in felony DUI cases. The IID requires drivers to pass a Breathalyzer test before being allowed to start their vehicle. If the driver fails the test, the vehicle will not start. This is a way for the court to ensure that offenders do not drive while under the influence of alcohol. Additionally, these devices can collect data related to the use of the vehicle and alert authorities if the vehicle is operated while the driver is under the influence of alcohol.

Is there a possibility for plea bargains or reduced charges in Felony DUI cases in Hawaii?

Yes, it is possible to negotiate a plea bargain in felony DUI cases in Hawaii. The Prosecutor may offer a plea bargain to reduce the charges or sentence in exchange for a guilty plea. However, it is important to note that the details of each situation will vary, and the decision as to whether or not to accept a plea bargain is ultimately up to the defendant. An experienced attorney can help you understand your options and determine the best course of action for your case.

Can individuals with Felony DUI convictions regain their driving privileges in Hawaii?

Yes, individuals with felony DUI convictions in Hawaii can regain their driving privileges. The process for regaining driving privileges varies by individual, and can include taking a written exam, attending an alcohol assessment, and completing a drug/alcohol education program.

How does a Felony DUI affect employment opportunities and background checks in Hawaii?

A felony DUI can have a significant impact on employment opportunities and background checks in Hawaii. Most employers in the state are likely to view a felony DUI as a major red flag, and many employers may deny employment to someone with such a conviction on their record. Furthermore, a felony DUI is likely to show up on most background checks. As such, it is important for individuals with a felony DUI conviction to be honest about the conviction when applying for jobs, and to explain how they have worked to overcome the conviction and make positive changes in their lives.

Are there diversion programs or rehabilitation options for Felony DUI offenders in Hawaii?

Yes, there are diversion programs and rehabilitation options for felony DUI offenders in Hawaii. These include the Adult Intensive Supervision Program (AISP) and the Intoxicated Driver Intervention Program (IDIP). AISP is a post-conviction program that provides intensive supervision and treatment to individuals convicted of DUI. IDIP provides a range of educational classes, individual counseling, group sessions, and monitoring to help individuals address their substance abuse issues. Both programs are available at various locations throughout the state.

What rights and legal options do individuals charged with Felony DUI have in Hawaii?

Individuals charged with Felony DUI in Hawaii have the same rights and legal options as individuals charged with other felonies in the state. They have the right to remain silent, the right to consult with an attorney, the right to know the charges against them, and the right to a fair and speedy trial. They also have the legal option of entering a plea of guilty or not guilty and the option of challenging any evidence presented against them. Additionally, they may be eligible for a plea agreement or reduce their charges in exchange for a guilty plea.

Can a Felony DUI conviction impact child custody and visitation rights in Hawaii?

Yes, a felony DUI conviction can impact child custody and visitation rights in Hawaii. Depending on the circumstances and severity of the crime, a court may find that the parent’s behaviour is not in the best interests of the child. The court can then modify the custody and visitation arrangement accordingly.

Is there a statute of limitations for prosecuting Felony DUI cases in Hawaii?

Yes, there is a statute of limitations for prosecuting felony DUI cases in Hawaii. Felony DUI cases must be brought within five years of the alleged offense.

How does our state handle out-of-state DUI convictions in relation to Felony DUI charges in Hawaii?

In Hawaii, out-of-state DUI convictions can affect Felony DUI charges in two ways. First, the prior out-of-state DUI conviction can be used as a prior conviction for the purposes of making the current DUI charge a felony. In other words, if a person has already been convicted of a DUI offense in another state and is arrested for a DUI offense in Hawaii, then the prior conviction can be used to elevate the current offense to a felony charge.

Second, out-of-state DUI convictions may also be considered as aggravating factors when determining the appropriate sentence for a felony DUI conviction in Hawaii. In other words, if a person has already been convicted of a DUI offense in another state and then is later convicted of a felony DUI in Hawaii, then the prior conviction may be used to increase the severity of the sentence imposed in Hawaii.

What resources or organizations provide support and guidance for individuals facing Felony DUI charges in Hawaii?

1. Hawaii Department of Transportation: The Hawaii Department of Transportation provides support and assistance to individuals facing felony DUI charges. It provides information about the law, court processes, and possible consequences of such charges.

2. Mothers Against Drunk Driving (MADD): MADD is a national nonprofit organization that works to end drunk driving, help those affected by drunk driving, and prevent underage drinking. It provides resources and information for those facing felony DUI charges in Hawaii, including educational materials, a 24-hour hotline, and support groups.

3. Hawaii Association of Criminal Defense Lawyers (HACDL): HACDL is an association of criminal defense attorneys in Hawaii that advocates for justice for all defendants facing criminal prosecution. It offers legal advice and resources to those facing felony DUI charges in Hawaii and can help connect individuals with experienced DUI attorney.

4. MyDUIattorneyHawaii.com: MyDUIattorneyHawaii.com is a website created to provide individuals with legal advice and resources regarding DUI charges in Hawaii. It provides information on the penalties associated with felony DUI convictions as well as legal advice on how to best handle a DUI case.