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State v. Brown9/27/1982
Defendant appeals from the May 14, 1981 order of the District Court of the Second Circuit revoking his driver's license for a period of six months, pursuant to the implied-consent statute, Hawaii Revised Statutes (HRS) § 286-155 (1976, as amended). We affirm.
On February 22, 1981, defendant was the driver of an automobile that was involved in a collision in Maalaea, Maui. The investigating officer Olsten noted that defendant's face was flushed, his eyes were bloodshot and glassy, he had trouble maintaining his balance, had a strong odor of liquor on his breath, and his answers to Olsten's questions were confused. Olsten administered the field test for initial detection of drivers under the influence of intoxicating liquor and, when defendant failed all phases of the test, Olsten arrested him for drunk driving . When defendant was placed in Olsten's police vehicle, he began to make spontaneous statements. Olsten stopped him and advised him of his Miranda rights. Later,
either in the police vehicle or at the station, Olsten informed defendant that he would have to take either a breathalyzer test or a blood test to determine the alcohol content of his blood, and if he refused to be tested his driver's license would be revoked for six months after a hearing before a magistrate. Defendant refused to take either test. As required by the statute, Olsten submitted an affidavit to the court setting forth the events and a hearing was held in the district court on May 7, 1981.
At the hearing, Olsten testified that defendant's answers to Olsten's questions at the scene of the arrest indicated confusion or a refusal to cooperate. He also testified that whenever he asked defendant which test he wished to take, defendant would ask him his advice as to which test to take.
After the State rested, defendant moved to dismiss because the evidence indicated he was confused. He argued that the case of State v. Severino, 56 Haw. 378, 537 P.2d 1187 (1975) was applicable and required a dismissal. The motion was denied.
Defendant then testified that the Miranda warnings were given
once at the scene of the accident. Thereafter, the only discussion between the defendant and Olsten related to the implied-consent law. When asked which test he would like to take, defendant would ask Olsten to tell him which test he should take. This occurred several times. Defendant testified that he was confused as to which test to take or whether he should refuse to take any test at all or talk to someone first, in view of the Miranda warnings that had been given to him. There was no evidence that defendant asked to consult an attorney before deciding.
The court found that defendant had not been confused by the fact that the Miranda warnings were given before he was informed about the implied-consent law provisions; that there was sufficient time lapse between the time the Miranda warnings were given and the advice regarding the implied-consent law so that the former did not cause any confusion; that Olsten's testimony was far more credible than defendant's, and defendant was not confused as to his rights under Miranda "versus" his rights under the implied-consent law; and that if there had been confusion, defendant would have mentioned it at the time. The order revoking defendant's driver's license was subsequently entered.
The dispositive issue on appeal is whether Olsten was required to affirmatively inform defendant that his constitutional rights under Miranda were not app
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