DRUNK DRIVING ACCIDENT ATTORNEYS IN HAWAII

HOLDING DRUNK DRIVERS ACCOUNTABLE FOR CATASTROPHIC CRASHES

Driving under the influence of drugs and alcohol is one of the most dangerous and reckless decisions that a driver can make. The National Highway Traffic Safety Administration (NHTSA) has estimated that at least 30 people are killed every day in drunk driving accidents, adding up to at least 10,000 lives lost every year. That means over a third of all traffic crash fatalities nationwide involve a drunk driver.

When you’ve lost a loved one or sustained catastrophic injuries because of drunk driving, it’s easy to feel alone and overwhelmed. At Davis Levin Livingston, our Hawaii drunk driving accident attorneys will stand by your side and provide the thorough legal representation that you deserve after a traumatic DUI crash. With over 40 years spent serving the Hawaiian islands in a range of personal injury cases, our award-winning legal team has the resources and experience to fight for fair compensation.

We’re ready to hear your story. Call (808) 740-0633 for a free consultation on your drunk driving lawsuit. 

How Alcohol Impairs Driving

Alcohol impairs driving ability through its effects on the brain and body, leading to a significant increase in the risk of accidents. Here’s a detailed explanation:

• Cognitive Impairment: Alcohol affects the brain's ability to process information and make sound judgments. It slows down the central nervous system, which can lead to delayed reaction times, poor decision-making, and difficulty focusing. Drivers under the influence of alcohol may misjudge distances, speeds, and the actions of other road users, increasing the likelihood of accidents.
• Coordination and Motor Skills: Alcohol impairs motor skills and coordination, making tasks like steering, braking, and accelerating more difficult. The impairment of fine motor skills affects a driver’s ability to control the vehicle smoothly. This can lead to erratic driving, difficulty maintaining lane position, and an increased chance of losing control of the vehicle.
• Visual Impairment: Alcohol can also affect visual perception. It reduces the ability to see clearly and process visual information, such as road signs and traffic signals. This impairment can lead to poor night vision, decreased peripheral vision, and difficulty judging the speed and distance of oncoming vehicles.
• Emotional and Behavioral Changes: Alcohol can alter a driver’s emotional state, leading to increased aggression or overconfidence. An intoxicated driver may take unnecessary risks or engage in reckless driving behaviors, such as speeding or tailgating, which heighten the risk of collisions.
• Decreased Attention Span: Alcohol diminishes attention span and concentration, making it harder for drivers to stay focused on the road and respond to sudden changes in traffic conditions. This decreased attention can result in missing critical information, such as stop signs or changing traffic lights.
• Impaired Judgment: Alcohol impairs judgment and self-control, causing drivers to underestimate their level of impairment and overestimate their driving abilities. This can lead to dangerous decisions, such as driving under the influence despite recognizing the risks.

Hawaii DUI Laws

In Hawaii, driving under the influence (DUI) is a serious offense that can result in significant legal consequences. The state enforces strict blood alcohol concentration (BAC) limits to ensure road safety. For most drivers, the legal limit is 0.08%. Commercial drivers face a lower threshold of 0.04%, while drivers under the age of 21 are subject to a zero-tolerance policy, with a BAC limit of 0.02%. These limits are in place to prevent impaired driving and protect all road users.

When it comes to penalties, Hawaii takes DUI offenses seriously. For a first-time offender, the consequences can include fines ranging from $150 to $1,000. Additionally, offenders may face up to 5 days in jail, although some may be eligible for alternative sentencing options such as community service. A significant penalty is the suspension of the driver's license, which can range from 90 days to a year. Offenders may also be placed on probation for up to a year, during which they must comply with various conditions, including attending alcohol education programs.

Repeat offenders face even harsher penalties. A second DUI conviction within five years can result in increased fines, longer jail time, and extended license suspension. Additionally, offenders may be required to install an ignition interlock device on their vehicle, which prevents the car from starting if alcohol is detected. The state's DUI laws aim to deter impaired driving and promote safety on Hawaii's roads.

DUI Civil Claims

Even if prosecutors do decide to bring charges against the drunk driver who caused your crash, however, you will not be able to receive compensation to cover your medical expenses and other needs through the criminal justice system. By holding the negligent driver accountable in a civil court proceeding, you can seek “damages” to account for your losses and secure peace of mind for your future.

In a civil DUI case, you can sue the drunk driver for the following:

• Medical expenses
• Rehabilitation costs
• Lost wages from time off work
• Emotional pain and suffering
• Long-term medical care
• Physical pain and suffering
• Lost earning capacity

Can I Seek Punitive Damages from a Drunk Driver?

Unlike standard compensatory damages that account for your losses, “punitive damages” are intended to punish the defendant and make an example of exceptionally bad behavior. Although most cases of driver negligence are not severe enough to warrant an award of punitive damages, victims of drunk drivers may be eligible to seek this form of compensation, as drunk driving can be considered “gross negligence.” However, you will need to review your case with a qualified Hawaii drunk driving accident attorney.

Are Other Parties Liable for Drunk Driving?

Under Hawaii’s dram shop liability laws, there could be other liable parties aside from the driver involved in your drunk driving crash. In Ono v. Applegate, it was established that injury victims can sue liquor vendors, restaurants, and even party hosts that continue to serve alcohol when the buyer is clearly intoxicated, under the age of 21, or consuming the alcohol in a motor vehicle.

Do you need to bring a drunk driving accident claim in Hawaii? Contact Davis Levin Livingston online or call (808) 740-0633 today for a consultation.