Can I be convicted of a DWI if I refuse to take a Breathalyzer or other chemical test?

Yes, you can be convicted of a DWI in Hawaii even if you refuse to take a Breathalyzer or other chemical test. This is because of Hawaii’s Implied Consent Law. Under this law, all drivers in Hawaii are considered to have given their consent to take a Breathalyzer or other chemical test if they are suspected of driving while intoxicated. If they refuse to take the test, they can be charged with a DWI and face potential penalties, such as fines, jail time, and a license suspension. Even if you refuse to take the chemical test, the prosecution will still need to prove that you were driving while impaired by introducing evidence from witnesses, the officer’s observations and other physical evidence like video recordings. If the prosecution can demonstrate that there was other evidence that you were driving while impaired, then that may be enough to convince a jury to convict you of a DWI. Additionally, refusing to take a Breathalyzer or chemical test also has other consequences; it may result in an additional charge of Refusal to Submit to Testing, which carries its own penalties. A person charged with Refusal to Submit to Testing could face a minimum $500 fine and a license suspension of one year, even if they are ultimately not convicted of a DWI. Ultimately, the best way to avoid being convicted of a DWI is to never get behind the wheel after consuming alcohol. If you do find yourself facing a DWI charge, it is important that you understand the potential penalties you are facing and seek the advice of an experienced attorney to help ensure the best outcome of your case.

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Can I be convicted of a DWI if I refuse to take a Breathalyzer or other chemical test?

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