Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 291E
Hawaii Revised Statutes

Haw. Rev. Stat. § 291E-65 (2026)

Refusal to submit to testing for measurable amount of alcohol; district court hearing; sanctions; appeals; admissibility

✓ current as of July 2026
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     §291E-65  Refusal to submit to testing for measurable amount of alcohol; district court hearing; sanctions; appeals; admissibility.  (a)  If a person under arrest for operating a vehicle after consuming a measurable amount of alcohol, pursuant to section 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:

     (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 section 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 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 section 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. [L 2000, c 189, pt of §23; am L 2001, c 157, §29; am L 2006, c 64, §9; am L 2009, c 88, §§7, 17(1)]

 

 

Notes of Decisions
Cited in 3 cases, 2014–2018 · leading case: State v. Yong Shik Won, 372 P.3d 1065 (Haw. 2015).
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State v. Yong Shik Won, 372 P.3d 1065 (Haw. 2015). · cites it 4× “3 HRS § 291E-65 provides, in relevant part: If a person under arrest for operating a vehicle after consuming a measurable amount of alcohol, pursuant to section 291E-64, refuses to submit to a breath or blood test, none shall be given, except as provided in section 291E-21 .”
State v. Yong Shik Won, 332 P.3d 661 (Haw. App. 2014). “HRS § 291E-65 (Supp.2013) pertains to sanctions for persons under the age of twenty-one who are arrested for operating a vehicle after consuming a measurable amount of alcohol and who refuse to submit to testing.”
State v. Wilson, 413 P.3d 363 (Haw. App. 2018). · cites it 3× “test, as requested, you may be subject to up to thirty days imprisonment and/or a fine of up to $1,000, and/or the sanctions of HRS 291E-65, if applicable. Although Wilson initially indicated she would take a breath test using a breathalyzer machine, she changed her mind and…”
Haw. Rev. Stat. § 291E-65(a): 1 case
State v. Yong Shik Won, 372 P.3d 1065 (Haw. 2015). “3 HRS § 291E-65 provides, in relevant part: If a person under arrest for operating a vehicle after consuming a measurable amount of alcohol, pursuant to section 291E-64, refuses to submit to a breath or blood test, none shall be given, except as provided in section 291E-21 .”
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