§291E-15 Refusal to submit to breath, blood, or urine test; subject to administrative revocation proceedings. If a person under arrest refuses to submit to a breath, blood, or urine test, none shall be given, except as provided in section 291E-21, or pursuant to a search warrant issued by a judge upon a finding of probable cause supported by oath or affirmation, or pursuant to any other basis permissible under the Constitution of the State of Hawaii and laws of this State. Upon the law enforcement officer's determination that the person under arrest has refused to submit to a breath, blood, or urine test, if applicable, then a law enforcement officer shall:
(1) Inform the person under arrest of the sanctions under section 291E-41 or 291E-65; and
(2) Ask the person if the person still refuses to submit to a breath, blood, or urine test, thereby subjecting the person to the procedures and sanctions under part III or section 291E-65, as applicable;
provided that if the law enforcement officer fails to comply with paragraphs (1) and (2), the person shall not be subject to the refusal sanctions under part III or IV. [L 2000, c 189, pt of §23; am L 2006, c 64, §2; am L 2009, c 88, § §4, 17(1); am L 2010, c 166, §10; am L 2016, c 17, §1; am L 2021, c 60, §1]
Structure Hawaii Revised Statutes
Title 17. Motor and Other Vehicles
291E. Use of Intoxicants While Operating a Vehicle
291E-3 Evidence of intoxication.
291E-4 Convictions and acts prior to January 1, 2002.
291E-5 Ignition interlock user affordability.
291E-6 Ignition interlock devices; certification.
291E-6.5 Continuous alcohol monitoring device; requirement; penalties.
291E-7 Trauma system surcharge.
291E-8 State drug and alcohol toxicology testing laboratory special fund; established.
291E-12 Persons qualified to take blood specimen.
291E-14 Consent of person incapable of refusal not withdrawn.
291E-17 Other evidence not excluded.
291E-18 Test results to be collected.
291E-19 Authorization to establish intoxicant control roadblock programs.
291E-20 Minimum standards for roadblock procedures.
291E-22 Presence of drugs or metabolic products; admissibility.
291E-31 Notice of administrative revocation; effect.
291E-33 Probable cause determination; issuance of notice of administrative revocation; procedures.
291E-34 Notice of administrative revocation; contents.
291E-35 Immediate restoration of license.
291E-36 Documents required to be submitted for administrative review; sworn statements.
291E-37 Administrative review; procedures; decision.
291E-38 Administrative hearing; procedure; decision.
291E-40 Judicial review; procedure.
291E-41 Effective date, conditions, and period of administrative revocation; criteria.
291E-42 Notice to other states.
291E-43 Administrative procedure act.
291E-44.5 Ignition interlock permits; driving for employment.
291E-45 Eligibility for relicensing and reregistration of motor vehicle.
291E-47 Failure to surrender number plates.
291E-48 Special motor vehicle registration.
291E-49 Transferring title to, or ownership interest in, vehicle prohibited; exceptions.
291E-61 Operating a vehicle under the influence of an intoxicant.
291E-61.5 Habitually operating a vehicle under the influence of an intoxicant.
291E-63 Records of suspensions and revocations of operating privileges to be maintained.