According to the National Highway Traffic Safety Administration, 51 percent of Hawaii’s traffic deaths in 2005 were alcohol-related. Drunk driving accidents involve many complicating factors. The role of alcohol in the accident can change the case’s legal proceedings from civil to criminal, drawing victims and intoxicated drivers alike into the complex maze of the criminal justice system. For decades Leavitt Yamane & Soldner in Honolulu have helped protect the rights of drunk driving accident victims. Our dedicated injury attorneys have experience navigating the legal process, and they will assure that you have the best chance for a successful outcome in your case.
Our attorneys represent drunk driving cases in a variety of capacities. We will protect your rights and do everything in our power to ensure justice is served.
If you have been involved in a drunk driving accident, your case will be systematically processed through the criminal justice system to determine the guilt or innocence of the defendant, choose a sentence, and award any damages. If the driver’s blood alcohol level (BAC) and the crash report can prove his or her guilt beyond a reasonable doubt, an arraignment will take place to set a bond and allow the defendant to make a plea before the judge or jury. After the prosecuting and defending attorneys gather evidence, the judge or jury will decide the verdict. If the defendant is convicted, the sentence can include fines, jail time, or both.
This process of gathering evidence, determining guilt, and going through the arraignment, trial, and sentencing is a complex and exhausting one. Our Honolulu-based drunk driving accident and injury attorneys will lead you through all the technicalities of litigating your case.
Your attorney will gather information vital for your personal injury case such as the crash report, the role of bartenders liable for the driver’s intoxication, and hospital reports of the driver’s BAC.
Since state and federal law enforces strict sanctions against driving under the influence of alcohol or drugs, an intoxicated driver can be deemed criminally negligent by failing to act in an ordinary, reasonable manner to prevent an accident. In the state of Hawaii, an of-age driver with a BAC over .08 percent can be arrested “per se,” requiring no proof of intoxication other than the BAC test; penalties may be enhanced if the driver’s BAC exceeded .15 percent or if a minor was endangered by the accident.
Penalties increase with each offense and can include driver’s license suspension and revocation, mandatory rehabilitation, installation of ignition interlock devices, jail time, fines, and community service. Since penalties are based on the severity of the accident, characteristics of the victims, and on the driver’s BAC, age, and previous DUI record, hiring an attorney is essential to assuring appropriate sentencing for your case.
Victims of a drunk driving accident are entitled to press DUI/DWI charges and file a civil personal injury claim to recover compensatory and punitive damages for lost wages, medical bills, and changes to their lifestyle. However, since victims’ rights are determined by state law, not by federal laws like defendants’ rights, victims’ experiences in litigation can be frustrating. The Honolulu-based drunk driving accident and injury attorneys at Leavitt Yamane & Soldner will advocate victims’ rights throughout litigation.
If you have been victimized by an intoxicated driver, the Honolulu-based drunk driving accident lawyers and personal injury attorneys at Leavitt Yamane & Soldner can assure that the law is correctly applied to your case. Contact our office today to schedule a consultation.
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Contact our Honolulu-area practice if you have been involved in a drunk driving accident and sustained an injury. Our attorneys at Leavitt Yamane & Soldner are available to schedule your consultation today.
Leavitt Yamane & Soldner
Pacific Guardian Center, Mauka Tower
737 Bishop Street
Suite 1740
Honolulu, Hawaii 96813
Ph: (866) 543-9550
Fax: (808) 521-7749