State v. Scalera.

OPINION OF THE COURT BY

POLLACK, J.

This case concerns the right of an arrested person under statutory law to communicate and consult with counsel. The defendant in this case, following his arrest for operating a vehicle under the influence of an intoxicant and prior to deciding whether to submit to alcohol concentration testing, was affirmatively advised that he was not entitled to an attorney before submitting to any tests to determine his breath or blood alcohol concentration. We hold that this advisory is inconsistent with Hawaii’s statutory right to access counsel, but we conclude under…