HI: Local police dept’s implied consent form was accurate

On the totality, defendant’s consent to BAC testing was voluntary. The police department’s implied consent form was accurate. State v. Hosaka, 2020 Haw. LEXIS 256 (Aug. 28, 2020)*:

We conclude that HPD’s implied consent form complied with HRS Chapter 291E and was accurate. Moreover, even if the form had been inaccurate, non-compliance with the implied consent statutory scheme does not automatically mandate suppression — suppression is only warranted where an arrestee did not validly consent to chemical testing. While an inaccuracy in an implied consent form is a relevant factor to consider, whether consent is knowing, intelligent and voluntary must be determined by looking to the totality of the circumstances. Consent can be invalid if the inaccurate information conveyed is reasonably likely to influence an arrestee’s consent, in which case the consent is not knowing or intelligent; or it can be invalid because it was coerced, in which case the consent is not voluntary. In both situations, the question is whether the consent was valid, not whether the form complied with every technical requirement in the implied consent statutory scheme. Here, because the totality of the circumstances show that Hosaka validly consented to a breath test, the breath test results are admissible.

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