State v. Taniguchi

OPINION OF THE COURT BY

HAYASHI, J.

I

The State of Hawaii (State) appeals from an order entered in the District Court of the First Circuit granting Defendant-Appellee Glenn Hisao Taniguchi’s (Defendant) motion to dismiss the charge of Refusing To Submit To An Alcohol Content Test in violation of Hawaii Revised Statutes (HRS) § 286-155 (1985). We affirm.

II

Defendant was arrested for Driving Under the Influence of Intoxicating Liquor (DUI) on December 7,1989. After Defendant arrived at the police station, he refused to submit to a breath or blood test and was charged with Refusing To Submit To An…