State v. TuiaAnnotate this Case
The district court found Defendant guilty of operating a vehicle under the influence of an intoxicant (OVUII) in violation of Haw. Rev. Stat. 291E-61(a)(1) and (a)(3). The Intermediate Court of Appeals affirmed. The Supreme Court affirmed, holding (1) the district court properly permitted the State to amend Defendant’s Haw. Rev. Stat. 291E-61(a)(1) charge to allege mens rea; (2) insofar as the section 291E-61(a)(1) charge was properly amended and Defendant did not challenge the sufficiency of the evidence supporting his conviction for violating section 291E-61(a)(1), his conviction stands; and (3) there is no need to address Defendant’s argument that blood test results were obtained in violation of his his Miranda rights, his statutory right to counsel, and his due process rights, and Defendant’s double jeopardy conviction is irrelevant.