JONATHAN BURGE
Attorney at Law
JONATHAN BURGEAttorney at Law
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The penalties are different for the criminal (court) and civil (administrative) portions of a DUI case. The two proceedings are independent of one another. This means you can win one, and still lose the other. The Hawaii Supreme Court has ruled that this is not Double Jeopardy, since the civil portion only deals with the drivers license, and a driver's license is a privilege, not a right.A lot of times, people don't even fight their civil case. When they win in court, they are surprised to find a DUI on their abstract, and a license revocation. You must fight both the criminal and civil cases to avoid a DUI finding on your driving abstract. Because there is no possibility of jail in the civil case, you are not entitled to a free attorney if you can't afford one.
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