State v. Tengan

OPINION OF THE COURT BY

NAKAMURA, J.

A State agency must follow the Administrative Procedure Act, Hawaii Revised Statutes (HRS) Chapter 91, when it acts in a rule-making capacity. Town v. Land Use Commission, 55 Haw. 538, 545, 524 P.2d 84, 89, reh. denied, 55 Haw. 677 (1974). In these appeals, Defendants Wayne Taro Tengan and Glenn Ichiro Akita challenge the use of the Intoxilyzer 401 IAS (the Intoxilyzer), a breath-testing device, to measure the concentration of alcohol in the blood of suspected drunken drivers on the ground that its use has not been authorized pursuant to a rule adopted in…