HRS 0291E-0033 ANNOTATIONS

Where information conveyed to defendant regarding defendant's rights under this chapter was inaccurate and misleading, defendant was precluded from knowingly and intelligently consenting to the blood alcohol test in violation of this chapter; trial court thus properly suppressed blood test results in defendant's criminal DUI prosecution. 92 H. 45, 987 P.2d 268.

Section requires an arresting officer to indicate on the notice of administrative license revocation that the notice shall serve as a temporary driver's permit, unless the arrestee falls within any of the disqualifying categories listed in this section; arresting officer's error in failing to mark notice did not warrant reversal of license revocation in light of policy objectives of this part and credit by director for days of driving privileges lost to reduce period of license suspension was appropriate remedy for officer's error. 91 H. 125 (App.), 980 P.2d 999.

Where arrestee's reliance on misinformation and/or insufficient information from the arresting officer is conclusively presumed and that arrestee thus did not knowingly and intelligently consent to the breath test, evidence of the breath test results should have been suppressed. 95 H. 86 (App.), 18 P.3d 948.

When police informed defendant of the consequences of refusing to take any tests "if your driving record shows two prior alcohol enforcement contacts during the seven years preceding the date of arrest" and "if your driving record shows three or more prior alcohol enforcement contacts during the ten years preceding the date of arrest", it was also required to inform defendant of the §286-251 definition of "alcohol enforcement contact". 98 H. 53 (App.), 41 P.3d 715.