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State v. Uehara6/25/1986
. We disagree.
Although the implied consent statute is intended to facilitate the enforcement of the DUI statute, Rossell, 59 Haw. at 181, 579 P.2d at 669, they are separate and distinct and should be enforced separately. A DUI violation is a criminal offense, see State v. O'Brien,5 Haw. App. 491,704 P.2d 905, 911, aff'd, 68 Haw. , 704 P.2d 833 (1985), whereas an implied consent violation is "civil in nature, and hearings before a district judge, pursuant to statute, are in the nature of administrative proceedings." (Emphasis in original). State v. Severino, 56 Haw. 378, 380, 537 P.2d 1187, 1189 (1975); see also State v. Gustafson, 54 Haw. 519, 520, 511 P.2d 161, 162 (1973). Furthermore, the penalties for refusing to submit to testing are "additional penalties and not substitutes for other penalties provided by law." HRS § 286-155 (Supp. 1984). Consequently, the fact that a defendant pleads guilty to the underlying. DUI charge does not affect his liability for refusing to submit to a sobriety test.
LUM, C.J.
NAKAMURA, J.
PADGETT, J.
HAYASHI, J.
WAKATSUKI, J.
Disposition
Reversed and remanded for further proceedings consistent with this opinion.
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