Hawaiians can now refuse to submit to a chemical test

Hawaiians can now refuse to submit to a chemical test

Hawaiians can now refuse to submit to a chemical test following arrest for OVUII/DUI without fear of criminal punishment.

Act 117 repeals the statute criminalizing the act of refusing to submit to a chemical test. If a person refuses to submit to a chemical test following arrest for an OVUII/DUI the arrestee will suffer a two year revocation of driving privileges versus a one year revocation for driving while impaired or with a breath or blood alcohol level over .08, however the arrestee cannot be charged with the crime of refusal. The crime of refusal had a harsher penalty than driving while impaired or driving with a breath alcohol level over the limit.

This legislative act is fallout from a case that the NCDD (National College for DUI Defense) as well as Kevin O’Grady submitted briefs in that was decided in late 2015. That case seriously weakened the refusal statute and questioned the state’s ability to prove that chemical tests are being obtained voluntarily.

Please view the official Refusal Repealed in the linked PDF, by clicking here

Remember, “ Someone who fights can lose. But someone who does not fight has already lost”. Eric Bailey

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