State v. Gustafson

Defendant-appellant struck a utility pole while driving an automobile on Kinau Street in Honolulu. The investigating police officer, believing appellant to be under the influence of alcohol, placed him under arrest and requested that he take a “breath or blood” test under the implied consent statute, HRS ch. 286. Upon his refusal to submit to a test, the officer executed and filed an affidavit with the magistrate of the district court of Honolulu as required by HRS § 286-155.1 A hearing was held before the district judge pursuant to HRS § 286-156. At the hearing the district judge found the…