Being charged with DUI can fall into different subsections. One is impairment by a drug or alcohol, another is having a breath or blood alcohol concentration over the legal limit. The drug impairment does not specify that the drug is illicit. It can be any drug. Of course the government has to prove it was a drug. If you take an illegal drug obviously the government will point to that. However, if the government learns that you are taking a ... Read More »
There are typically three so-called field sobriety tests that Hawaii police officers use when trying to determine if a person is impaired by alcohol. They were thought up by social scientists pursuant to government grants decades ago. The science behind them has been examined for years. There are significant problems. Besides the fact that many people, completely sober, would fail the tests, the federal government set the bar for employing the tests very low. The question that was asked was ... Read More »
There are a number of different breath testing machines manufactured by a number of different companies. In Hawaii the Intoxilyzer 5000 and 8000 are used, both manufactured by CMI. These are the machines used at the police station. Both rely on infrared spectrometry. While the science of infrared spectrometry is not new, for identifying basic items, the science is far more questionable when it comes to differing between closely related substances and measuring the substances. There are a number of ... Read More »
May I, or someone else, film the officers and/or myself during my interaction with the police officers and SFSTs?
There is no law prohibiting you, or anyone else, from filing your interaction with the police. Typically however the police will not like that you are doing this. They may ask or even order you to stop. They can’t do that. Remember however that you cannot interfere with the investigation or interfere with officer safety. What this means, generally, is that your friend can’t take his camera and shove his way, or perhaps even get very close, to the officers ... Read More »
In Hawaii, the officers will try to establish that you are impaired using so-called sobriety tests. These involve the officer looking at your eyes while you follow an object, having you walk heel to toe and balance on one leg. They will either try to cajole you into performing them or coerce you into performing them. Do not let the officer do any of the tests on you. If the officer does his job properly, he will ask you some ... Read More »
When you have been pulled over by a police officer you may feel nervous. The officer is already on a mission. Although you have been seized and are unable to leave freely, the officer need not give you Miranda warnings. He will use this to his advantage. The officer is conducting an investigation and he wants to arrest you for DUI. He already thinks you are drunk and he wants you to provide him with the evidence to seal your ... Read More »
In Hawaii do I have to do the Roadside Field Sobriety Tests? This article will focus on Hawaii law as it stands now with regard to Roadside Field Sobriety Tests. In order to answer this question, you must understand what the tests are, what they are not and how they are used in Hawaii. Field Sobriety Tests or “FSTs” are a series of roadside coordination tests. In the late ‘70s and early ‘80s, they were tested for efficacy and three ... Read More »