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HRS §291E-15

What happens if you refuse a breath, blood, or urine test after arrest

If you are arrested and refuse a breath, blood, or urine test, the test will not be given unless a judge issues a search warrant or another legal basis allows it. The officer must tell you the penalties and ask if you still refuse. If the officer does not do this, you cannot be penalized for refusing.

everyone

The statute, as written — Refusal to submit to breath, blood, or urine test; subject to administrative revocation proceedings

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.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§291E-21 Testing after a crash that causes injury or death

§291E-41 Administrative License Revocation: When It Starts, How Long, and Conditions

§291E-65 What happens if you refuse a breath or blood test

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