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Admissibility of Evidence of DUI (OVII) in Hawaii

Alcohol screening tests done by officers cannot be submitted as evidence. It can only be shown for probable cause. An attorney can submit evidence to the intoxicated state of the accused. Breath, blood or urine tests are adequate tests to show what the defendant’s BAC or drug concentration was at the time of the arrest.  The amount of alcohol found in the defendant’s blood or breath at the time of the arrest or within three hour after the time of the alleged violation can be used to show the defendant’s BAC. Any chemical analysis or other approved analytical techniques of analyzing defendant’s blood or breath is considered evidence towards the defendant’s BAC and can be admissible in court.  Evidence presented by the accused during administrative proceedings are not admissible against the accused at other criminal proceedings. The prosecutor can submit prior alcohol and drug related contacts. Sworn affidavits from the arresting officer regarding probable cause will also be admissible. The affidavit or testimony regarding the officer’s competence to conduct the field sobriety tests can also be submitted to show the officer has probable cause to accused the defendant of an OVII.

For any evidence to be admissible in court, it needs to be obtained according to proper police procedures. If any evidence regarding the OVII is not obtained properly, it will not be admissible. A police officer must have probable cause in pulling over a driver who they believe is under the influence of an intoxicant. If the police officer does not have probable cause, any evidence collected will not be admitted.

Evidence can also be submitted regarding the validity of the medical technologist who conducted the test of the defendant’s blood samples. The samples and tests must also be handled and tested by qualified individuals. If a qualified individual did not do the testing, the evidence may not be able to be admitted.


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