State v. Nakamitsu.

OPINION OF THE COURT BY

WILSON, J.

Petitioner/Defendant-Appellant Ryan Na-kamitsu (Nakamitsu) was convicted of one count of Operating a Vehicle Under the Influence of an Intoxicant (OVUII) in violation of Hawai’i Revised Statutes (HRS) § 291E-61(a)(1) and/or § 291E-61(a)(3). 1 The Intermediate Court of Appeals (ICA) vacated the conviction for OVUII based on HRS § 291E-61(a)(1), reversed the conviction for OVUII based on HRS § 291E-61(a)(3), and remanded for proceedings consistent with its opinion.

In essence, Petitioner Nakamitsu argues that his conviction under HRS § 291E-61(a)(1) should be…