State v. Himuro

OPINION OF THE COURT BY

LUM, C.J.

The issue in this appeal is whether the twenty day time period„prescribed by Hawaii Revised Statutes (HRS) § 286-156 for an affidavit hearing prior to revoking an arrested person’s driver’s license for refusal to submit to a sobriety test is mandatory or directory. We conclude that the twenty day hearing provision is mandatory and affirm.

I

Appellee was arrested for Driving While Under the Influence of Intoxicating Liquor (DUI) and transported to the police station where he refused to take a blood or breath test in violation of the “implied consent law,” HRS §…