HRS 0291E-0021 ANNOTATIONS
Case Notes
Decisions under prior law (§286-163).
A mandatory blood test, pursuant to this section, absent an arrest, violates neither the Fourth Amendment nor article I, §7 of the Hawaii constitution, so long as the police have probable cause to believe that the driver has committed one of the enumerated offenses and that the driver's blood contains evidence of intoxication or drug influence, exigent circumstances excuse a warrant, and the test is performed in a reasonable manner. 98 H. 221, 47 P.3d 336.
Section, by its plain language, authorizes the police to obtain a breath, blood, or urine sample from the driver of any vehicle involved in an accident resulting in an injury to or the death of any person, including the driver himself or herself, so long as the police have probable cause to believe that the driver is driving under the influence of alcohol or drugs; also, section applies to drivers injured or killed in a single-vehicle collision in which no other person is injured. 98 H. 221, 47 P.3d 336.
This section operates as an exception to §286-151, which generally requires the police lawfully to arrest the driver prior to administering a blood test. 98 H. 221, 47 P.3d 336.