Bill to fill gaps in drunken-driving law advances

By Mike Leidemann
Advertiser Transportation Writer

State lawmakers want to close loopholes that allow suspected drunken drivers off the hook, but a prominent defense attorney says it's police — not the law — causing the problem.

"This legislation is entirely unnecessary," attorney Earle Partington told members of the House Transportation Committee hearing a bill that would simplify the information drunken-driving suspects must be told before agreeing or refusing to have their blood-alcohol content tested.

"I could write a one-page form in 20 minutes that would make the existing law bulletproof," Partington said.

A host of other government agencies and community groups, however, testified that a new law would help convict more drunken drivers.

After the hearing, committee members passed the bill and sent it to the Judiciary Committee for further hearings.

Under state law, police are required to inform suspects about the consequences of refusing to take a test that determines if the driver is under the influence of alcohol or drugs. Those who refuse can face immediate revocation or suspension of their license and other penalties.

However, police and prosecutors told legislators yesterday that an increasing number of drunken-driving cases in Honolulu are being thrown out of court on technicalities related to the specific information police tell — or don't tell — the suspects.

In one instance, a case was dismissed after police failed to tell the driver that he might not be able to operate a boat in Hawai'i if he refused to take the test. In another case that was thrown out, the driver wasn't told that his insurance rates might go up.

Partington, however, said the Legislature passed a law in 2002 that essentially fixed the problem, but that Honolulu police never adjusted their procedures to take advantage of the new law.

"The Honolulu Police Department continues to use a form created early in 2002 that contains four pages of information, three pages of which is completely unnecessary," he said.

By contrast, Maui police and military bases on O'ahu have adopted a new one-page form they use to inform suspects of their rights and have seen dismissals of DUI cases go down, he said.

Honolulu Police Capt. Jose Gaytan said he didn't know why police haven't shortened the form they read to suspected drunken drivers since 2002 but wondered why anyone should be opposed to making the law even clearer.

"We've been waiting a long time for this amendment," he said.

"It is not just a matter of convenience for us. It's a matter of lives being lost because of all these technicalities in the law."

The city prosecuting attorney's office said the 2002 law still requires police to read pages of information to suspects, which leaves open cracks in the "implied consent" rules that defense attorneys can exploit.

The state Transportation Department, the state Judiciary, Honolulu Police Department, City Prosecuting Attorney's Department and Mothers Against Drunk Driving all supported the new measure (HB 2249), which would mandate that officers tell suspects in general about the consequences of taking the test without informing them of specific or exact sanctions.

MADD spokeswoman Carol McNamee, who said alcohol-related highway fatalities in Hawai'i have increased since 1999, said it makes no sense to have police read lengthy, complex forms to offenders who often are too impaired to understand the information.

"This process takes police off the road for several hours and prevents them from maximizing their ability to remove other dangerous drivers from the road," she said.

Partington insisted that he, too, wants to get more drunken drivers off the road.

"Am I concerned as a citizen? You bet I am. If they want, the police can hire me to show them how to do it," he said.

In other action, the committee:

• Deferred action on a bill (HB 1718) that would have allowed the state to charge tolls on existing highways or construct new toll roads.
• Passed a bill (HB 1724) that would require children 4 to 7 years old to be secured in a booster seat.

Reach Mike Leidemann at 525-5460 or mleidemann@honoluluadvertiser.com.