HPD Form Mentioning Sanctions did not Arise to Coercion Invaliding the Consent to a Breath Test
State v. Hosaka (HSC August 28, 2020) Background. Troy Hosaka was charged with habitually operating a vehicle under the influence of an intoxicant. After he was arrested, HPD Officer Jared Spiker read the department’s implied consent form. The form stated “if you refuse to submit to a breath, blood, or urine test, you may be subject to up to the sanctions of 291E-65 if you are under 21 years of age at the time of the offense. In addition, you may also be subject to the procedures and sanctions under chapter 291E, part III.” Hosaka initialed that he had been informed and agreed to take a breath test, but refused a blood test. Hosaka signed the bottom of the form which “acknowledge[d] that [he] made the choice[] indicated above and was informed of the information in [the form].” Hosaka took a breath test and the blood-alcohol content was over the limit. Hosaka was charged with habitual OUI. HRS § 291E-61.5. Hosaka filed a motion to suppress the breath test ...