Refusal to submit to testing for measurable amount of alcohol; district court hearing; sanctions; appeals; admissibility
HRS §291E-65
in effect291E-65. Refusal to submit to testing for measurable amount of alcohol; district court hearing; sanctions; appeals; admissibility
(a) If a person under arrest for operating a vehicle after consuming a measurable amount of alcohol, pursuant to section 291E-64, refuses to submit to a breath or blood test, none shall be given, except as provided in section 291E-21, but the arresting law enforcement officer, as soon as practicable, shall submit an affidavit to a district judge of the circuit in which the arrest was made, stating:
(1) That at the time of the arrest, the arresting
officer had probable cause to believe the arrested person was under the age of
twenty-one and had been operating a vehicle upon a public way, street, road, or
highway or on or in the waters of the State with a measurable amount of
alcohol;
(2) That the arrested person was informed that the
person may refuse to submit to a breath or blood test, in compliance with
section 291E-11;
(3) That the person had refused to submit to a breath
or blood test;
(4) That the arrested person was:
(A) Informed of the sanctions of this
section; and then
(B) Asked if the person still refuses to
submit to a breath or blood test, in compliance with the requirements of
section 291E-15; and
(5) That the arrested person continued to refuse to
submit to a breath or blood test.
(b) Upon receipt of the affidavit, the
district judge shall hold a hearing within twenty days. The district judge
shall hear and determine:
(1) Whether the arresting law enforcement officer had
probable cause to believe that the person was under the age of twenty-one and
had been operating a vehicle upon a public way, street, road, or highway or on
or in the waters of the State with a measurable amount of alcohol;
(2) Whether the person was lawfully arrested;
(3) Whether the person was informed that the person
may refuse to submit to a breath or blood test, in compliance with section
291E-11;
(4) Whether the person refused to submit to a test of
the person's breath or blood;
(5) Whether the person was:
(A) Informed of the sanctions of this
section; and then
(B) Asked if the person still refuses to
submit to a breath or blood test, in compliance with the requirements of
section 291E-15; and
(6) Whether the person continued to refuse to submit
to a breath or blood test.
(c) If the district judge finds the statements
contained in the affidavit are true, the judge shall suspend the arrested
person's license and privilege to operate a vehicle as follows:
(1) For a first suspension, or any suspension not
preceded within a five-year period by a suspension under this section, for a
period of twelve months; and
(2) For any subsequent suspension under this section,
for a period not less than two years and not more than five years.
(d) An order of a district court issued under
this section may be appealed to the supreme court.
[L 2000, c 189, pt of §23;
am L 2001, c 157, §29; am L 2006, c 64, §9; am L 2009, c 88, §§7, 17(1)]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0065.htmFetched: 11/10/2026