WHEREAS, persons arrested for driving a vehicle under the influence of an intoxicant must be advised of the possible civil and criminal sanctions for the offense, as well as the sanctions for refusing a blood, breath, or urine test required under Hawaii's implied consent law; and

WHEREAS, law enforcement agencies which make arrests for driving under the influence of an intoxicant, use a document referred to as an implied consent form to advise the arrestee of the requirements of the implied consent law; and

WHEREAS, if the implied consent form fails to accurately inform the arrestee of the possible civil and criminal sanctions, the result of any blood, breath, or urine test must be suppressed under the Hawaii Supreme Court's ruling in State v. Wilson, 92 Hawaii 45 (1999); and

WHEREAS, litigants continue to challenge whether the current implied consent forms give accurate notice of the sanctions to the arrestee; and

WHEREAS, each of Hawaii's counties has developed their own forms, so that four different implied consent forms are currently in use; and

WHEREAS, at least one jurisdiction, Georgia, has set forth in their statutes, the exact implied consent language that must be read to the arrestee; and

WHEREAS, adoption of a statutory implied consent form would standardize the form throughout the State; and

WHEREAS, adoption of a statutory implied consent form could reduce challenges to the legal sufficiency of the implied consent form; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, that the Legislative Reference Bureau is requested to conduct a study to include:

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief of Police and Prosecuting Attorney of the counties of Kauai, Hawaii, and Maui and the City and County of Honolulu and the Director of the Legislative Reference Bureau.

Report Title:

LRB Conduct Study on Statutory Implied Consent Forms