Third DUI offense in 10 years may now result in jail time
Once viewed as lenient in its DUI laws by Mothers Against Drunk Driving, Hawaii has enacted harsher penalties for operating a motor vehicle while intoxicated. Beginning in July of 2019, a third DUI conviction within 10 years may bring drivers potentially devastating effects.
As reported by the Hawaii Tribune-Herald, the new law lowers the requirements for habitual DUI arrests (HRS 291-E61.5). The previous law required at least three prior convictions during a 10-year time span for harsher penalties to apply. The new threshold of two prior convictions within that same time frame opens up the possibility of prison time for a third offense.
Possible DUI third-offense penalties
Under the new law, a third conviction for DUI within 10 years may bring a sentence of five years in prison. Probation for the same length of time may be an alternate punishment, but sentencing may also include a fine ranging between $2K and $5K. Additional penalties may also apply, such as a convicted driver forfeiting his or her vehicle and a loss of driving privileges for up to five years.
During the first month of the new law, at least four repeat DUI arrests took place in Oahu. The individuals charged all face lengthy prison terms.
Taskforce creation and an examination of a rejected provision
Hawaii may continue to move forward with revamping its DUI laws. The establishment of a DUI task force may pave the way for future changes, and it may also propose a way to implement a provision of the new DUI law rejected by the state legislature. The initial bill sponsoring the new law proposed that DUI convictions would result in a three-year prohibition of public consumption or purchase of alcohol. A working group may offer a method of implementation for the rejected provision in 2020.
Defending against DUI charges
The new DUI laws may create serious issues for drivers in the Aloha State to contend with if charged with a second offense. There are, however, defenses that may stop a DUI prosecution. Individual circumstances and the nature and details of the arrest may play a significant role in the outcome.
The post Third DUI offense in 10 years may now result in jail time appeared first on Law Offices of Dean C.M. Hoe.
