State v. Spearman.

Opinion of the Court by

MCKENNA, J.

I. Introduction

At issue in this appeal is whether double jeopardy 1 bars the re-proseeution of a defendant for violating Hawai'i Revised Statutes (“HRS”) § 291E-61 (2007 & Supp. 2009) 2 (“Operating a Vehicle under the Influence of an Intoxicant” or “OVUII”), following a “judgment of acquittal” on the HRS § 291E-61(a)(3) method of proof in an initial trial in which both HRS §§ 291E-61(a)(1) and (a)(3) methods of proof were tried. We reaffirm that a “judgment of acquittal” on the HRS § 291E-61(a)(3) method of proof in an OVUII trial is “in form only,” but that…