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Defenses to DUI (OVII) in Hawaii

There are a few defenses against an OVII. Most evidence in a drunk driving case is acquired by probable cause. The defense that the evidence should not be introduced into evidence because lack of probable cause would eliminate any testing done to show what the blood alcohol level was. If there was no reasonable suspicion to stop the car, there will not be any evidence introduced. Also, if the driver was stopped at a roadblock, the roadblock must have complied with all the regulations. If not, defenses that the driver was improperly stopped at a roadblock could also be a defense. An authorized officer can only move a roadblock because of “traffic congestion” from an already authorized location. Any evidence gathered at a roadblock that was moved to another location done by an officer who does not have authority to do so, will not be admitted. Since Hawaii is an implied-consent state, the police officer must inform the driver of the consequences of refusing to take a chemical test. If the officer did not properly inform the driver of the consequences, the admissibility of the test results. The prosecution must also prove that the testing complied with proper protocol in testing and who tested the blood alcohol level. The defense can raise the issue of whether all the proper people handled the samples and they were tested correctly. The police department must always follow the department guidelines and procedures. If the police department did not follow appropriate protocol, the error in procedure can be a defense.

There could be a different defense if an OVII is for an illegal drug. If the defendant is accused of operating a vehicle under the influence of drugs, there will be different defenses. If the defendant tested positive for an illegal drug, a defense could be that the drug test came back false positive.


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