(a) If a person under arrest for operating a vehicle after consuming a measurable amount of alcohol, pursuant to section measurable amount of alcohol; persons under the age of twenty-one” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>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:

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Terms Used In Hawaii Revised Statutes 291E-65

  • Administrative revocation: means termination of the respondent's license, and the privilege to operate a vessel underway on or in the waters of the State pursuant to part III, but does not include any revocation imposed under § 291E-61 or 291E-61. See Hawaii Revised Statutes 291E-1
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Alcohol: means ethanol or any substance containing ethanol. See Hawaii Revised Statutes 291E-1
  • Arrest: Taking physical custody of a person by lawful authority.
  • Law enforcement officer: means any public servant, whether employed by the State, a county, or by the United States, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws, and includes a conservation and resources enforcement officer as specified in section 199-3. See Hawaii Revised Statutes 291E-1
  • License: means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this State and includes:

    (1) Any learner's permit or instruction permit;
    (2) The privilege of any person to operate a motor vehicle, regardless of whether the person holds a valid license;
    (3) Any nonresident's operating privilege; and
    (4) The eligibility, including future eligibility, of any person to apply for a license or privilege to operate a motor vehicle. See Hawaii Revised Statutes 291E-1
  • Measurable amount of alcohol: means a test result equal to or greater than . See Hawaii Revised Statutes 291E-1
  • Operate: means to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway or to navigate or otherwise use or assume physical control of a vessel underway on or in the waters of the State. See Hawaii Revised Statutes 291E-1
  • Privilege: refers to the authority to operate a vessel underway on or in the waters of the State. See Hawaii Revised Statutes 291E-1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • State: means : any state or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico; the United States Virgin Islands; American Samoa; Guam; any province or territory of the Dominion of Canada; and the Commonwealth of the Northern Mariana Islands, except when the word, in context, clearly refers to the State of Hawaii. See Hawaii Revised Statutes 291E-1
  • Vehicle: includes a:

    (1) Motor vehicle;
    (2) Moped; and
    (3) Vessel. See Hawaii Revised Statutes 291E-1
(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 § 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 administrative revocation proceedings” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>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 § 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.

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