The Hawaii Supreme Court is considering whether refusing a roadside sobriety test can be used as evidence of guilt in DUI cases. The court is reviewing a 25-year-old precedent that allows refusal to be treated as consciousness of guilt.
- Current Hawaii law allows DUI refusal to be used as evidence the driver knew they were intoxicated.
- ACLU and defense attorneys argue refusal should not be treated as evidence of guilt.
- The case challenges a 2000 court decision that established the current standard.
- State prosecutors defend the existing rule, saying drivers have no constitutional right to refuse sobriety tests.
Source: Hawaii Free Press
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