If a person under arrest refuses to submit to a breath, blood, or urine test, none shall be given, except as provided in section 291E-21, or pursuant to a search warrant issued by a judge upon a finding of probable cause supported by oath or affirmation, or pursuant to any other basis permissible under the Constitution of the State of Hawaii and laws of this State. Upon the law enforcement officer's determination that the person under arrest has refused to submit to a breath, blood, or urine test, if applicable, then a law enforcement officer shall:
(1) Inform the person under arrest of the sanctions under section
291E-41 or
291E-65; and
(2) Ask the person if the person still refuses to submit to a breath, blood, or urine test, thereby subjecting the person to the procedures and sanctions under part III or section
291E-65, as applicable; provided that if the law enforcement officer fails to comply with paragraphs (1) and (2), the person shall not be subject to the refusal sanctions under part III or IV.
Amended by L 2021, c 60,§ 1, eff. 6/23/2021.
Amended by L 2016, c 17,§ 1, eff. 4/26/2016.
L 2000, c 189 , pt of §23; am L 2006, c 64, §2; am L 2009, c 88, ( 1 ) §§4, 17; am L 2010, c 166, §10 .