State v. Busby

OPINION OF THE COURT BY

WAKATSUKI, J.

This is an appeal by Defendant-appellant Karen Joan Busby from the revocation of her driver’s license under Hawaii Revised Statutes (HRS) § 286-155 for refusing to submit to a breath or blood lest after being arrested for driving under the influence of intoxicating liquor.

Under HRS § 286-155(a), if a person under arrest refuses to submit to a breath or blood test, the arresting officer submits an affidavit to a district judge stating:(1) That at the time of the arrest, the arresting officer had reasonable grounds to believe the arrested person had either…