§263A-6 Hearing before a district judge. A hearing to determine the truth of an affidavit submitted to a district judge shall be held within twenty days after the district judge has received the affidavit.
The district judge shall hear and determine:
(1) Whether the law enforcement officer had probable cause to believe that the person had either been flying or was in actual physical control of an aircraft while under the influence of intoxicating liquor;
(2) Whether the person was lawfully arrested;
(3) Whether the law enforcement officer had informed the person of the sanctions of section 263A-5; and
(4) Whether the person refused to submit to a test of the person's breath or blood. [L 1991, c 274, pt of §1]
Structure Hawaii Revised Statutes
Title 15. Transportation and Utilities
263A. Alcohol and Aviation Safety
263A-2 Persons qualified to take blood specimen.
263A-4 Consent of person incapable of refusal not withdrawn.
263A-5 Revocation of privilege to operate an aircraft upon refusal to submit to testing.
263A-6 Hearing before a district judge.
263A-7 Notice to Federal Aviation Administration.
263A-8 Test results to be collected.