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 administrative revocation; criteria” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>291E-41 or alcohol; district court hearing; sanctions; appeals; admissibility” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>291E-65; and
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Terms Used In Hawaii Revised Statutes 291E-15

  • 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
  • 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
  • Measurable amount of alcohol: means a test result equal to or greater than . 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
(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 measurable amount of alcohol; district court hearing; sanctions; appeals; admissibility” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>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.

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