Hawaii Supreme Court to hear case on using sobriety test refusals as evidence

本站添加: 2026-06-03

[00:00:00]All new tonight, HNN investigates the standardized field sobriety test. Police must ask for permission from drivers who may be impaired.

[00:00:08]>> But what happens when a driver declines?

[00:00:11]As our Lynn Kawano shows us, that will be put to the test at the State Supreme Court.

[00:00:19]The test consists of multiple parts, the one-leg stand, the walk-in-turn, and the eye test. These are voluntary, but there are consequences for those who opt out.

[00:00:30]>> Well, what is High Court will weigh in on roadside impairment tests and what happens when drivers decline.

[00:00:37]>> Hello. Hi. Uh reason I pulled you over your tail light's burned out.

[00:00:40]>> Drivers suspected of being under the influence are offered the standardized field sobriety test or SFST.

[00:00:46]>> Would you be willing to participate in a standardized field sobriety test just to make sure you're okay?

[00:00:50]>> Those who refuse can be immediately arrested.

[00:00:54]>> can just face the car, please, and put your hands on your back.

[00:00:56]>> Would you like to participate? Okay, step out of the vehicle. You're going to be arrested.

[00:00:59]>> Refusal can also be used against you in the civil driver's license revocation process and possibly the criminal case.

[00:01:07]>> As right now, the court is allowed uh and hearing officers are allowed to take a person's no to perform a voluntary test and use it as a presumption that the person is guilty.

[00:01:18]>> The State High Court agreed to hear arguments in a case filed by attorney Kevin O'Grady. The ACLU Hawaii has joined him saying this raises significant legal questions that could impact the constitutional rights of drivers across the state. They are challenging a lower court's ruling that if a driver declines to participate in the voluntary roadside test, that alone can be treated as evidence of guilt allowing an inference of consciousness of guilt from the refusal alone.

[00:01:47]>> They're painting people into a no-win situation. If the person takes the test and they fail, they're going to get prosecuted and it'll be used against them. But if they don't take the test, then it's going to be used against them to say, "Well, you're guilty anyways."

[00:02:02]>> So, if you're my client and I told you don't do it, and you're taking my advice and not doing it, suddenly you're you got a conscious of guilt when you're following my advice.

[00:02:11]So, that doesn't make sense.

[00:02:12]>> Since you have a right to say, "No, I don't want to help you prosecute me.

[00:02:16]No, I'm not going to participate in my own prosecution, whether that's through remaining silent or through saying, 'No, I don't want to do these tests.'"

[00:02:23]>> The attorneys say there is value to the roadside tests, and drunk drivers need to be prosecuted, but refusing to participate shouldn't count against them.

[00:02:33]>> And lots of drivers say, "Sure, I'll do these tests." Right? That's That is an important investigative tool for police.

[00:02:40]The flip side is though, if a driver says, "No, I don't want to do them."

[00:02:44]What are we allowed to read into it, and can we hold that against them?

[00:02:48]>> They just don't want to contribute to the police officer's investigation.

[00:02:52]They're tired, they're scared, maybe English isn't their first language, maybe they're not good at following instructions, they have bad knees, or they have bad balance.

[00:02:59]>> Oral arguments before the State Supreme Court are scheduled for Thursday. I'm Lynn Kawano, Hawaii News Now.