Home » Hawaii »Controversial DUI Laws in Hawaii

Controversial DUI Laws in Hawaii

Hawaii DUI laws are created to put a dent in the amount of injuries and deaths that occurs on Hawaii’s street as a result of drunk driving. Though the state may benefit financially from the fines levied on DUI offenders, it prefers not to have had these offenders tied up in the justice system. These laws must not be mistaken as a moneymaking business but only as a deterrent to would be offenders when they remember what are the likely consequences of their actions.

 
 

More articles on DUI Laws in Hawaii

  
 

However, in retrospect, some of Hawaii’s DUI laws are a little over the top and result in undue hardship of the perpetrator. As a result, they are always being questioned by both defense lawyers and human rights activist about their validity and effectiveness.

Hawaii’s controversial DUI Laws

The term controversial is determined by which side of the table you sit. For the prosecutors, they see them as widening the loop to trap those drunk drivers who would normally slip through the cracks of the justice system. On the other hand, the offender sees these controversial laws as being oppressive and lacking in purpose. Some of these controversial Hawaii DUI laws include:

  • Exportation of Punishment: Many visitors go to Hawaii from main land USA. Many of them ruin their vacation by disobeying advice about Hawaii’s strict DUI laws and get into trouble with the law. Many end up having their driver’s license while on the island and hence must resort to other means of transport. However, the irony of the situation is that this driver’s license suspension does not stay in Hawaii once your vacation is over, it follows you home and is continued in your home state. Now is this oppression or what?
  • Hawaii Consent Law: Hawaii’s consent law states that drivers who have been pulled over on suspicion of a DUI must submit themselves to a field sobriety test upon the request of the officer. This consent is made in order to receive a Hawaii driver’s license. Any well thinking driver will realize that this is mild extortion that plays on the drivers desire to have a driver’s license. In addition, the law takes away your right to make your own decision by dangling a one-year suspension of your driver’s license to cower you into submission.
  • DUI conviction tied to Car Insurance: Even if you had not been in accident while under the influence of alcohol, a Hawaii DUI conviction automatically results in an increase in your auto insurance premium. In my opinion, this seems like some collusion between the state and insurance companies to exploit the misfortunes of the many Hawaii DUI offenders.
  • Unlawful search: According to the fourth amendment, a police is required to have a warrant to be able to conduct a search of your possessions. In my opinion, a car falls within the list of personal possessions. However, under Hawaii DUI laws, if a driver is searched and found to contain open alcoholic beverages, they can be charged with a Hawaii DUI.