§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]
Notes of Decisions
State v. Yong Shik Won, 372 P.3d 1065 (Haw. 2015).
· cites it 10× “If a person arrested for OVUII refuses to submit to a test to determine blood alcohol concentration (BAC test), the law provides that “none shall be given,” HRS §§ 291E-15 (Supp. 2010) 2 and 291E-65 (Supp.”
Missouri v. McNeely, 133 S. Ct. 1552 (2013).
“1) (2011); Haw.Rev.Stat. § 291E-15 (2009 Cum.Supp.), §§ 291E-21(a), 291E-33 (2007), § 291E-65 (2009 Cum.”
State v. Yong Shik Won, 332 P.3d 661 (Haw. App. 2014).
· cites it 3× “) If a person under arrest for OVUII refuses to submit to breath, blood, or urine testing, “none shall be given,” HRS § 291E-15 (Supp.2013), 9 except that in the event there is a collision resulting in injury or death, a law enforcement officer is not required to accept the…”
Jonathan Albert Leal v. State, 452 S.W.3d 14 (Tex. App. 2014).
· cites it 2× “1 (Westlaw); Haw. Rev. Stat. §§ 291E-15, 291E-21 (Westlaw); Idaho Code Ann.”
State v. Wilson, 413 P.3d 363 (Haw. App. 2018).
· cites it 4× “Because we conclude only that the threat of being subjected to criminal sanctions inherently coerces a suspected OVUII offender into giving consent, if a police officer does not inform the offender of the criminal sanctions because they were omitted from the notice given by the…”
Leal, Jonathan Albert (Tex. App. 2015).
“1 (W estlaw); warrantless intrusion into a nonconsenting suspect's Haw. Rev. Stat. §§ 291E-15, 291E-21 (W estlaw); veins.”
— Haw. Rev. Stat. § 291E-15(1) — 1 case
State v. Yong Shik Won, 372 P.3d 1065 (Haw. 2015).
“If a person arrested for OVUII refuses to submit to a test to determine blood alcohol concentration (BAC test), the law provides that “none shall be given,” HRS §§ 291E-15 (Supp. 2010) 2 and 291E-65 (Supp.”
— Haw. Rev. Stat. § 291E-15(2) — 1 case
State v. Yong Shik Won, 372 P.3d 1065 (Haw. 2015).
“If a person arrested for OVUII refuses to submit to a test to determine blood alcohol concentration (BAC test), the law provides that “none shall be given,” HRS §§ 291E-15 (Supp. 2010) 2 and 291E-65 (Supp.”
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