The ADLRO process is administrative in nature. The hearing officers are not judges and the rules of evidence do not apply. The system assumes the officer acted properly and the ADLRO will ratify that with a cursory review. Thereafter you might fight to regain your license. It is, already revoked when the officer took it. While the administrative process is going on, you may be entitled to a temporary permit if, the officers, after your attorney serves subpoenas on them, ... Read More »
If you have some sort of medical problem or injury or recent surgery, even oral surgery, the physical ailment can have an effect on your ability to drive, walk, and obviously perform the so-called field sobriety tests. Driving while post root canal is not a crime, nor is driving following ingrown toenail removal. Both however, may very well make you look “impaired” to the officer. As with medication, do not answer any questions and do not take any field sobriety ... Read More »
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 »