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Is dui a felony in Hawaii?

Is DUI a Felony in Hawaii?

Hawaii is known for its beautiful beaches, lush greenery, and vibrant culture. However, like any other state, it has its own set of laws and penalties for driving under the influence (DUI). In this article, we will explore the answer to the question: Is DUI a felony in Hawaii?

Direct Answer:

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In Hawaii, a DUI (also known as Operating a Vehicle Under the Influence of an Intoxicant or OVUII) is typically a misdemeanor offense. However, under certain circumstances, a DUI can be elevated to a felony charge.

Felony DUI in Hawaii: When Does it Happen?

A felony DUI in Hawaii occurs when the offense meets one of the following criteria:

Third or subsequent offense: If an individual has two or more prior DUI convictions within the past 10 years, their third or subsequent DUI offense can be charged as a felony.
Causing serious bodily injury: If a person’s DUI causes serious bodily injury to another person, they can be charged with a felony DUI.
Causing death: If a person’s DUI results in the death of another person, they can be charged with a felony DUI.

Consequences of a Felony DUI in Hawaii:

If convicted of a felony DUI in Hawaii, the consequences can be severe. Some of the possible penalties include:

Prison time: Felony DUI convictions can result in prison sentences ranging from 5 to 10 years.
Fines: Felony DUI convictions can result in fines ranging from $5,000 to $10,000.
License suspension: A felony DUI conviction can result in a 5-year license suspension.
Mandatory ignition interlock: Felony DUI offenders may be required to install an ignition interlock device in their vehicle for a period of 5 years.

Misdemeanor DUI in Hawaii:

In Hawaii, a misdemeanor DUI is typically charged when the offense does not meet the criteria for a felony. The penalties for a misdemeanor DUI in Hawaii are generally less severe than those for a felony DUI. Some of the possible penalties include:

Prison time: Misdemeanor DUI convictions can result in up to 1 year in prison.
Fines: Misdemeanor DUI convictions can result in fines ranging from $500 to $2,000.
License suspension: Misdemeanor DUI convictions can result in a 6-month to 1-year license suspension.
Mandatory ignition interlock: Misdemeanor DUI offenders may be required to install an ignition interlock device in their vehicle for a period of 1 year.

What to Do if You’ve Been Charged with DUI in Hawaii:

If you’ve been charged with DUI in Hawaii, it’s essential to seek legal representation from an experienced DUI attorney. Here are some steps you can take:

Contact a DUI attorney: Reach out to a reputable DUI attorney who is familiar with Hawaii’s DUI laws and procedures.
Attend your first court appearance: Your attorney will help you prepare for your first court appearance, where you’ll enter a plea and discuss the charges against you.
Gather evidence: Your attorney will gather evidence and build a defense strategy to help you achieve the best possible outcome.
Negotiate a plea deal: If your case is not strong enough to go to trial, your attorney may negotiate a plea deal with the prosecution.

Conclusion:

In conclusion, while a DUI is typically a misdemeanor offense in Hawaii, it can be elevated to a felony charge under certain circumstances. If you’ve been charged with DUI in Hawaii, it’s essential to seek legal representation from an experienced DUI attorney. By understanding the laws and penalties surrounding DUI in Hawaii, you can make informed decisions about your case and achieve the best possible outcome.

Table: DUI Penalties in Hawaii

OffensePrison TimeFinesLicense SuspensionIgnition Interlock
Misdemeanor DUIUp to 1 year$500-$2,0006 months-1 year1 year
Felony DUI (Third or subsequent offense)5-10 years$5,000-$10,0005 years5 years
Felony DUI (Causing serious bodily injury)5-10 years$5,000-$10,0005 years5 years
Felony DUI (Causing death)5-10 years$5,000-$10,0005 years5 years

Bullets:

• A felony DUI in Hawaii occurs when the offense meets one of the following criteria: third or subsequent offense, causing serious bodily injury, or causing death.
• A misdemeanor DUI in Hawaii is typically charged when the offense does not meet the criteria for a felony.
• The penalties for a felony DUI in Hawaii are generally more severe than those for a misdemeanor DUI.
• If you’ve been charged with DUI in Hawaii, it’s essential to seek legal representation from an experienced DUI attorney.

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