Driving under the influence of drugs or alcohol is considered a serious offense in Hawaii. Even when you are being charged with DUI for the first time, the consequences can be devastating. Besides license revocation for a year, a successful DUI conviction may also mean fines and spending up to five days in jail. Expectedly, you would want to get rid of the charge for good, and for that, you must hire an OVUII lawyer in Honolulu. In this post, we are sharing the common strategies that attorneys typically use to defend OVUII and DUI charges.
- The defendant was not in physical control of the vehicle. In some cases, this could be a factor that may influence the court’s decision. The prosecution is required to prove that the defendant was driving the vehicle, and when there are no witnesses, the defendant’s lawyer may use that fact for the case.
- The stop was unlawful. The lawyer could use that for the case if the police officer didn’t have legal cause to stop or detain the vehicle. Again, circumstances surrounding each DUI case are often unique, and the lawyer’s strategy will depend on the facts.
- There were Miranda violations. If the defendant’s Miranda rights were not read out to them, or they were forced to say something incriminating, the lawyer can use this fact to defend their client.
- No consent warnings were given. While the laws in Hawaii allow you to decide whether you want to give a breathalyzer or chemical test, refusing the same can have consequences, including license suspension. If the arresting officer didn’t mention these details, you should let the lawyer know.
- The tests were inaccurate. Breathalyzer tests are prone to inaccuracy, and it is quite possible that the urine or chemical tests were not correct. More often than not, inaccurate readings are a factor for DUI charges, and lawyers can point out such issues in the analysis.
Find the right lawyer
You wouldn’t trust a pediatric surgeon for your gall bladder surgery. You need a criminal lawyer who specializes in handling DUI cases, and they should have experience defending clients in similar situations. Make sure to talk to the lawyer about their strategy, and don’t shy away from asking the right questions related to DUI defense. A good lawyer will ensure you have the support you need but wouldn’t make false promises.