State v. ScaleraAnnotate this Case
Defendant was arrested for operating a vehicle under the influence of an intoxicant. Before he decided whether to submit to alcohol concentration testing, Defendant was affirmatively advised that he was not entitled to an attorney before submitting to any such tests. Defendant was charged with operating a vehicle under the influence of an intoxicant (OVUII) and refusal to submit to a breath, blood, and/or urine test. Defendant filed a motion to suppress, alleging that the evidence was obtained in violation of his right to consult with counsel as provided by Haw. Rev. Stat. 803-9. The district court denied the motion to suppress. After a trial, Defendant was convicted of OVUII and the refusal offense. The intermediate court of appeals affirmed. The Supreme Court affirmed, holding (1) the advisory given in this case is inconsistent with Hawaii’s statutory right to access counsel; but (2) under the circumstances of this case, Defendant’s refusal to submit to testing was not subject to suppression.