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Implied Consent Law in Hawaii

Anyone who drives a vehicle on a public road, way, street, highway or in the waters will be considered to give their implied consent to a test of their breath, blood or urine to determine their alcohol concentration. The test will be give if the officer has probable cause to believe the driver was operating a vehicle on a public way and is under the influence of an intoxicant after the driver was lawfully arrested and the driver has been informed that he can refuse to submit to testing. If the officer has probable cause to believe the person is driving under the influence of any drug, the person can elect to take a blood or urine test (or both) to determine the drug content. Any person who is tested or has their license or privilege suspended or revoked and is convicted of operating a vehicle under the influence of an intoxicant may be asked to reimburse the county for the cost of any blood or urine test conducted. The court may make the person reimburse in a lump sum, or in a series of prorated installments to the police department or other agency incurring the expense of the blood or urine test.

A person can refuse to take a breath, blood or urine test. If a person refuses, the arresting officer must inform the person under arrest of what will happen if they do not take a test.

If a person is over 21 and still refuses to submit to a test the officer will issue a revocation.  The revocation will indicate whether it is a temporary permit or a complete revocation of a license. The notice will serve as a temporary permit unless the person was unlicensed, the license was suspended or the person did not have a license in their possession.

If the driver is involved in a collision that results in injury or death, the person shall have a mandatory test by the officer.


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