Hawaii DUI Chemical Testing

Upon arrest for DUI in the state of Hawaii, offenders will be asked to submit to a chemical test of their blood, breath, or urine for purpose of measuring their BAC. Which test or tests are requested depends on the circumstances of the case. In cases where the police suspect impairment by drugs, a blood or urine test will be requested. Persons who submit to a breath test may also be asked to give a blood sample if the breath sample indicates a low BAC and the police suspect impairment by drugs.

Once a DUI suspect choses to refuse to submit to chemical testing, no test will be given. Administrative penalties apply for persons who refuse chemical testing (see the Hawaii Driving tab for more information). In cases where a DUI suspect is involved in an accident where serious bodily injury or death results, the police may obtain a blood or urine sample without the suspect's consent.

BREATH TESTING - There are two types of breath testing that may be conducted upon arrest for DUI in Hawaii. A preliminary breath test (PBT) is administered on scene prior to arrest. The results of the PBT are not admissible in court and are only used to help aide the officer in making his decision of whether he has enough probable cause to make an arrest. Evidentiary breath tests are administered subsequent to arrest at the police station. Hawaii uses a breath machine called the Intoxilizer 5000. Prior to testing, all suspects must be observed for a period of at least 20 minutes to ensure that nothing is placed into the mouth or ingested to produce an invalid result.

BLOOD TESTING - Only a physician, registered nurse, phlebotomist deemed qualified by the director of a clinical laboratory licensed by the State, or person licensed in a clinical laboratory occupation may withdraw blood for the purpose of determining the alcohol concentration or drug content therein.

URINE TESTING - Urine testing is typically requested in cases where the police suspect impairment by drugs.

ADDITIONAL TESTS - DUI suspects may choose any physician, registered nurse, or person licensed in a clinical laboratory occupation to withdraw blood and also may choose any qualified person to administer a test or tests in addition to any administered at the direction of a law enforcement officer The failure or inability to obtain an additional test by a person will not preclude the admission of the test or tests administered at the direction of the police. Upon the request of the person who is tested, full information concerning the test or tests administered must be made available.