Third Offense DUI in Hawaii

If you get a third DUI in Hawaii within the look-back period of 5 years after a prior offense, you will be charged with a misdemeanor. You can expect the penalties to be particularly severe if you had a minor under the age of 15 in your car at the time of the arrest. The most effective way to avoid this charge or to reduce your penalties is to get a lawyer experienced in this field.

Administrative Penalties

Your license will be suspended for at least 1 year for a third DUI in Hawaii. It can be suspended for up to 5 years, depending on the circumstances surrounding your case and whether you have a lawyer's help.

You will have to install an ignition interlock device before you may drive again. The system costs $84 upfront and $89 per month. Getting this installed will allow you to drive during your license suspension period. Also, you will need to show proof of an SR-22 insurance policy, which is more expensive coverage that is made just for those convicted of driving under the influence.

In addition, you will need to complete 240 hours of community service, as well as an alcohol treatment program.

Criminal Penalties

The minimum jail time for a third DUI in Hawaii is 10 days, the maximum 30 days. Whether you get the minimum or maximum penalty, you must serve at least 48 hours of your sentence consecutively. You will then be placed on probation for 2 years. Additionally you will get an extra 48 hours in jail if you had a child under the age of 15 in the car with you at the time of the arrest.

Fines range from $500 to $2500, with an extra $500 added if there was a minor under age 15 in the car with you. You will also have to pay a surcharge of $50 to a state neurotrauma fund.

Getting a Lawyer

You can plead guilty after a third DUI in Hawaii, which will result in you facing all the penalties described above. This plea does not require a lawyer. However, if you hire an attorney, you have the option of a plea bargain. Hawaii does not allow DUI offenders to plead the charge down to a lesser offense, but you can still use a plea bargain for a reduced sentence despite having three DUIs on your record. You can also plead not guilty if you have evidence that the police officers involved in your case made a mistake in your arrest. Contact an attorney to start building your case.