{"data":{"id":"us-hi/haw.-rev.-stat.-291e-65","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 291E-65","heading":"Refusal to submit to testing for measurable amount of alcohol; district court hearing; sanctions; appeals; admissibility.","body":"(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:\n\n(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;\n\n(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;\n\n(3) That the person had refused to submit to a breath or blood test;\n\n(4) That the arrested person was:\n\n(A) Informed of the sanctions of this section; and then\n\n(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\n\n(5) That the arrested person continued to refuse to submit to a breath or blood test.\n\n(b) Upon receipt of the affidavit, the district judge shall hold a hearing within twenty days. The district judge shall hear and determine:\n\n(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;\n\n(2) Whether the person was lawfully arrested;\n\n(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;\n\n(4) Whether the person refused to submit to a test of the person's breath or blood;\n\n(5) Whether the person was:\n\n(A) Informed of the sanctions of this section; and then\n\n(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\n\n(6) Whether the person continued to refuse to submit to a breath or blood test.\n\n(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:\n\n(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\n\n(2) For any subsequent suspension under this section, for a period not less than two years and not more than five years.\n\n(d) An order of a district court issued under this section may be appealed to the supreme court.","path":["HI Code","Division 1","Title 17","Chapter 291E"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0065.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"6ff4790bb0a9b2624515c96b7ab2eea1d9b757dcf179667123ea0334f8499187","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-291e-64","next":"us-hi/haw.-rev.-stat.-291e-66"},"notice":"GroundRules: Original legal text. Not legal advice."}