Misdemeanor Or Felony - How Bad Is It?

If you have been charged with a crime, one of the first questions you might have is how serious a penalty you might be facing.  On Maui, and in all of Hawaii, there are several different categories of crimes.

A felony is the most serious crime that you can be charged with.  Felonies have a maximum possible penalty of more than a year in prison.  Felonies are usually labeled as Class A, B or C with Class A being the most serious.  Examples of Class A felonies are kidnapping, arson and rape.  Class B and C felonies have lower maximum possible prison terms but are still considered to be serious crimes.  Murder and attempted murder are listed only as felonies and not placed in a particular class. 

A misdemeanor has a maximum jail sentence of one year.  Examples of misdemeanors in Hawaii are driving under the influence, disorderly conduct and third degree theft.  A crime can also be a petty misdemeanor which has a maximum possible jail sentence of 30 days.  An example of a petty misdemeanor is fourth degree theft, which is a theft of less than $300.

For more information on how crimes are classified click on the following link to the Hawaii statute listing different levels of crimes.  

HRS §701-107 

On Maui there are also violations, which have even lower penalties.  Violations are not considered crimes and include motor vehicle violations such as speeding and improper parking. 

www.mauilegalteam.com

mauilegalteam@gmail.com

Driving Under the Influence on Maui

Hawaii has strict laws for driving under the influence of alcohol.  If you have been charged with driving while under the influence, it can be upsetting and confusing.  

The legal limit for driving after you have consumed alcohol is a blood alcohol content (BAC) of .08.  If your BAC is over .15 you may be charged as a “highly intoxicated” driver and face even greater penalties.  The standard for drivers under 21 years old is a legal limit of .02 BAC. 

If you are suspected of driving under the influence, a police officer will ask to take a measurement of your BAC.  If you refuse to allow a measurement, the officer must warn you that if you refuse your driver’s license will be suspended.  If you still refuse, you may be charged with DUI and refusal.  

A conviction of DUI can be costly.  Penalties include fines, license revocation, jail time and community service.  Your car will likely be impounded, you will be required to obtain expensive SR-22 insurance and you will also be required to complete a substance abuse treatment class. 

The next time you have had a couple of after-work drinks, do yourself a favor and have a friend who has not been drinking take you home.  

www.mauilegalteam.com

mauilegalteam@gmail.com

808-990-5851