Holcomb Law, LLLC
Holcomb Law, LLLC © 2013 All rights reserved.
DISCLAIMER: The information on this website should not be construed as legal advice.
Any information submitted by our online intake form does not create an attorney-
Holcomb Law, LLLC, a limited liability law corporation, is owned and operated by Honolulu DUI attorney, criminal defense lawyer, and personal injury lawyer, Richard L. Holcomb. In addition to serving all of Honolulu City and County, including the entire island of Oahu and appearing in all courts on Oahu, including the District Courts at Kaneohe and Ewa, Mr. Holcomb is a Hawaii DUI attorney, criminal defense lawyer, and personal injury lawyer. Mr. Holcomb serves the islands (counties) of Hawaii, including Kona and Hilo, Maui (Lanai), and Kauai.
HONOLULU, HI DUI / OVUII DEFENSE ATTORNEY
Hawaii Implied Consent Law
Those charged with DUI in the State Of Hawaii do not have a right to choose the type
of chemical test given (blood, breath, or urine)-
In th state of Hawaii the law requires you to provide a breath, blood, or urine sample for anyone who is arrested for drunk driving. Hawaii’s “implied consent” law states that should you be lawfully arrested by a police officer that has probable cause to suspect that you have been driving or boating under the influence, then you consent to providing a blood or breath sample, or both. No matter what basis, any of the samples results may be used for determining your blood alcohol content (BAC). The test must be taken as soon as possible from the time when you were last driving or boating.
Once you are arrested and refuse to take a test, the officer should tell you that your license will be suspended. After the officer tells you the consequence for refusal, he or she must ask whether you still refuse. At that point, you could change your mind and not face any penalty for your initial refusal. If you do change your mind and choose to take a test, then you have the option of asking for an additional test, at your expense, to be taken by a medical professional of your choice.
In most situations, if you refuse to take a mandatory blood, breath, or urine test, you cannot be forced to do so. Where the incident that caused you to be arrested also caused injury to yourself or another person, however, the state can force you to take a test. Also, the state may administer the test if you are unconscious or dead, even if you haven’t yet been arrested.
Refusal to Provide a Blood, Breath or Urine Sample.
In Hawaii, you will lose your license for one year for your first refusal. For your
second and any subsequent refusal, the court could suspend your license for two to
five years. In addition to the suspension, the state requires you to be assessed
by a certified substance-
Contact a Skilled Honolulu DUI Defense Attorney
If you have been arrested on a DUI charge in Hawaii or any other state, get help from an experienced DUI attorney. Unlike other traffic related charges, which might be worth fighting without a lawyer, conviction for a DUI has serious consequences – especially if the incident involved injury to people or property, or if it’s your second or subsequent DUI. Contact our office and schedule your free consultation with a skilled drunk driving defense lawyer.
|Implied Consent Law|