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DUI Court Processing In Hawaii

If you are unfortunate enough to have not heeded the many warnings about drunk driving in Hawaii, then you will be faced with court cases that entail charges based on your violation of the states DUI laws and another case in which you must fight to maintain your driving privileges by preventing your driver’s license from being revoked.

The first line of action after being arrested is to solicit the service of a good Hawaii DUI lawyer who is knowledgeable in Hawaii DUI laws and will try to mitigate the effects of your Hawaii DUI charge. The lawyer will scour the evidence presented by the prosecution to find any misappropriation that will result in your case been thrown out by the court.

 
 

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Hawaii DUI Court Process

DUI court proceedings in Hawaii takes place in several phases. Generally, Hawaii DUI cases last anywhere up to six months. These stages include:

  • Arraignment: In your first DUI appearance called an arraignment, the judge informs you about the charges that have been brought against you. At this point, the court will ask you to enter a plea of guilty or not guilty. If you choose on the advice of your Hawaii DUI attorney to plead guilty, then the judge will apply the prescribed punishment as stated under the law. However, if you enter a not guilty plea, the case will proceed to trial.
  • Preliminary Hearing: At the preliminary hearing, the judge is updated on the state of the case and if any new evidence has been brought forward. Your Hawaii DUI attorney may also use this opportunity to negotiate a settlement of the case through a plea-agreement with the prosecutor.
  • Motion Hearings: If your defense attorney has reason to believe that the prosecutor is being uncooperative in handing over records of evidence pertaining to your Hawaii DUI case, they can use a motion hearing to force the prosecutor’s corporation. The defense attorney can also cross-examine the arresting officer about the presented evidence to prove excesses, mistreatment or other violations of their client’s rights. If evidence of these occurrences arises, they can again file a motion to have the case thrown out by the courts.
  • Trial: Unfortunately, there is no right to a jury trial in Hawaii unless they are a habitual repeat DUI offender. Repeat DUI offences are treated as misdemeanors an falls under a different category from regular DUI cases. Therefore, for your regular Hawaii DUI offender, a bench trail will be in order.Hawaii has a speedy trial system that churns out court cases in less than six months in which the prosecutor bears all the burden of proof and hence must prove their case beyond reasonable doubt. Again, your Hawaii DUI lawyer will have the opportunity to cross-examine the arresting officer and any other witness put on the stand by the prosecution.
    At the conclusion of the trial, the judge will make a final decision based on the evidence presented. If you are found guilty, they will be informed of the punishment according to the law.
    However, in recourse, Hawaii DUI offenders who are found guilty can always file an appeal to challenge the court’s ruling.