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HRS §263A-6

Hearing to check the affidavit's claims

A district judge must hold a hearing within 20 days of receiving an affidavit about a suspected drunk pilot. At the hearing, the judge checks four things: if the officer had good reason to believe the person was flying or controlling an aircraft while drunk, if the arrest was legal, if the officer told the person about the sanctions, and if the person refused a breath or blood test.

courts

The statute, as written — - 6 Hearing before a district judge

A hearing to determine the truth of an affidavit submitted to a district judge shall be held within twenty days after the district judge has received the affidavit. The district judge shall hear and determine: (1) Whether the law enforcement officer had probable cause to believe that the person had either been flying or was in actual physical control of an aircraft while under the influence of intoxicating liquor; (2) Whether the person was lawfully arrested; (3) Whether the law enforcement officer had informed the person of the sanctions of section 263A-5; and (4) Whether the person refused to submit to a test of the person's breath or blood.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§263A-5 Losing flying rights for refusing a test

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.