Kona Man Found Guilty as Charged for Habitual DUI

A Kona jury returned a verdict last week finding a Kona man guilty as charged of habitually operating a vehicle under the influence of an intoxicant.

Following the reading of the guilty verdict, 25-year-old Tyson I. Zwicker, who remains out of custody after posting $2,000 bail, was ordered to return for his sentencing hearing on July 25, 2022, in Kona Circuit Court.

The case stems from an incident on Dec. 3, 2021, on Luhia Street. During the trial, Hawai‘i police officers testified that prior to his arrest, Zwicker displayed signs of intoxication including red, watery, and glassy eyes, and the odor of an intoxicating beverage. Police later obtained Zwicker’s breath alcohol content, which was 0.152 grams of alcohol per 210 liters of breath, nearly twice the legal limit.

Zwicker has two prior convictions for operating a vehicle under the influence of an intoxicant within the past year. Those incidents occurred on Jan. 29, 2021, and April 28, 2021.

Habitually operating a vehicle under the influence of an intoxicant is a class C felony, which carries a maximum penalty of five years in prison. A “habitual operator of a vehicle under the influence of an intoxicant” is a person convicted one or more times within a 10-year period for the same offense, or a person convicted two or more times within a 10-year period of the offense.

As of May 15, 2022, there have been 398 DUI arrests this year, according to police.

“As we enter this graduation season, we urge the public to remember the dangers associated with impaired driving,” said Prosecuting Attorney Kelden Waltjen. “Don’t be selfish, be responsible, and plan ahead. Think about your safety and the safety of others on the road. Don’t drive impaired.”