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Home / Author Archives: Kevin O'Grady

Author Archives: Kevin O'Grady

Kevin O'Grady
Kevin O’Grady has a practice that is more than 90% DUI defense. For DUI criminal charges in Hawaii state and federal courts for the four years preceding 2015 97% of his clients do not have a DUI conviction when the case was finally completed. Originally from New York he has been a reserve Maricopa County Deputy, a Deputy Prosecutor for the city of Scottsdale Arizona, a Special Assistant United States Attorney and Chief Prosecutor for the Ak-Chin Indian Community, Special Assistant United States Attorney and Domestic Violence Prosecutor for the Salt-River Pima-Maricopa Indian Community, A trial Counsel and Senior Trial Counsel with the United States Army. He is a Major in the United States Army Reserve and a Judge Advocate. He is certified as a JAG to handle all Article 32 Preliminary Hearings including Article 120 (rape and sexual assault) cases. He has handled cases from murder to rape to drugs to assault. He is qualified to administer Standardized Field Sobriety Tests under National Highway Traffic Safety Administration & International Association of Chiefs of Police Guidelines. He is also trained on the Intoxilyzer 8000. He is a member of the Arizona State Bar, the Hawaii State Bar, certified under Article 27(b) to appear in Courts-Martial cases, admitted to the State bars of Arizona and Hawaii, the Federal District Courts of Arizona, Hawaii and the Northern District of Texas, as well as the United States Court of Appeals for the Ninth Circuit. He is a member of the National College for DUI Defense, the National Association of Criminal Defense Lawyers, and the Hawaii Association of Criminal Defense Lawyers. He is also an Arizona Peace Officer Standards and Training Law Instructor. Mr. O’Grady lives in Kailua with his wife and two sons.

Firm: The Law Office of Kevin O’Grady, LLC

Areas of Practice:

Address: 1136 Union Mall, Suite 808 Honolulu, Hawaii 96813

Phone: 808-521-3367

Fax: 808-521-3369

Undergraduate:

Law School:

Professional Affiliations:

Professional Accomplishments:

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If you would like to contact the author, please visit: http://wwwcriminalandmilitarydefensehawaii.com


The Administrative Driver’s License Revocation Office (ADLRO) has taken my driver’s license away, is there a way I can drive while the hearings are taking place?

The ADLRO process is administrative in nature.  The hearing officers are not judges and the rules of evidence do not apply.  The system assumes the officer acted properly and the ADLRO will ratify that with a cursory review.  Thereafter you might fight to regain your license.   It is, already revoked when the officer took it.  While the administrative process is going on, you may be entitled to a temporary permit if, the officers, after your attorney serves subpoenas on them, ... Read More »

What if I do not have a proper balance due to a previous accident, surgery or medical condition?

If you have some sort of medical problem or injury or recent surgery, even oral surgery, the physical ailment can have an effect on your ability to drive, walk, and obviously perform the so-called field sobriety tests.  Driving while post root canal is not a crime, nor is driving following ingrown toenail removal.  Both however, may very well make you look “impaired” to the officer.  As with medication, do not answer any questions and do not take any field sobriety ... Read More »

What if I’m on Medication and I Get Pulled over for DUI?

Being charged with DUI can fall into different subsections.  One is impairment by a drug or alcohol, another is having a breath or blood alcohol concentration over the legal limit.  The drug impairment does not specify that the drug is illicit.  It can be any drug.  Of course the government has to prove it was a drug.  If you take an illegal drug obviously the government will point to that.  However, if the government learns that you are taking a ... Read More »

How Accurate are Field Sobriety Tests?

There are typically three so-called field sobriety tests that Hawaii police officers use when trying to determine if a person is impaired by alcohol.  They were thought up by social scientists pursuant to government grants decades ago.  The science behind them has been examined for years.  There are significant problems.  Besides the fact that many people, completely sober, would fail the tests, the federal government set the bar for employing the tests very low.  The question that was asked was ... Read More »

How accurate are breathalyzers-

There are a number of different breath testing machines manufactured by a number of different companies.  In Hawaii the Intoxilyzer 5000 and 8000 are used, both manufactured by CMI.  These are the machines used at the police station.  Both rely on infrared spectrometry.  While the science of infrared spectrometry is not new, for identifying basic items, the science is far more questionable when it comes to differing between closely related substances and measuring the substances.  There are a number of ... Read More »

May I, or someone else, film the officers and/or myself during my interaction with the police officers and SFSTs?

There is no law prohibiting you, or anyone else, from filing your interaction with the police.  Typically however the police will not like that you are doing this.  They may ask or even order you to stop.  They can’t do that.  Remember however that you cannot interfere with the investigation or interfere with officer safety.  What this means, generally, is that your friend can’t take his camera and shove his way, or perhaps even get very close, to the officers ... Read More »

Can I refuse the breathalyzer and field sobriety tests?

In Hawaii, the officers will try to establish that you are impaired using so-called sobriety tests.  These involve the officer looking at your eyes while you follow an object, having you walk heel to toe and balance on one leg.  They will either try to cajole you into performing them or coerce you into performing them.  Do not let the officer do any of the tests on you.  If the officer does his job properly, he will ask you some ... Read More »

1. What should I say if a cop asks me if I have been drinking?

When you have been pulled over by a police officer you may feel nervous.  The officer is already on a mission.  Although you have been seized and are unable to leave freely, the officer need not give you Miranda warnings.  He will use this to his advantage.  The officer is conducting an investigation and he wants to arrest you for DUI.  He already thinks you are drunk and he wants you to provide him with the evidence to seal your ... Read More »

Do I have to do Field Sobriety tests in Hawaii?

In Hawaii do I have to do the Roadside Field Sobriety Tests? This article will focus on Hawaii law as it stands now with regard to Roadside Field Sobriety Tests. In order to answer this question, you must understand what the tests are, what they are not and how they are used in Hawaii. Field Sobriety Tests or “FSTs” are a series of roadside coordination tests. In the late ‘70s and early ‘80s, they were tested for efficacy and three ... Read More »