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[T] State v. Harris8/25/2003
The State appeals the February 4, 2002 findings of fact, conclusions of law, and order of the district court of the second circuit that granted the January 11, 2002 motion to suppress blood test result filed by Defendant-Appellee Dan Harris (Defendant). We vacate the February 4, 2002 decision of the court, and remand for entry of an order denying the January 11, 2002 motion, and for further proceedings consistent with this opinion.
I. Background.
On August 28, 2001, the State charged Defendant with the then-extant offense of driving under the influence of intoxicating liquor (DUI), a violation of Hawaii Revised Statutes (HRS) § 291-4 (Supp. 2000), along with related traffic offenses of inattention to driving, no safety check, and no insurance. On January 11, 2002, Defendant filed a motion to suppress blood test result. The State filed its memorandum in opposition to Defendant's motion on January 15, 2002. The parties stipulated to the following relevant facts for purposes of the January 16, 2002 non-evidentiary hearing on the motion:
3. That on June 27, 2001, at around 11:19 p.m., Defendant was traveling north west on Wailea Alanui Road and was involved in a one motor vehicle accident, in which the motorcycle, driven by the Defendant, collided into a concrete curb causing the efendant to end up in the grassy median;
4. That Marguerite Heart, lay witness, who called the police to the scene, observed a single male, later identified as Dan Harris, the Defendant, within the grassy median;
5. That upon arrival at the scene, Officer Anthony Krau and Officer Ruel Dalere observed a 1979 black, Harley Davi son, motorcycle, license plate 874-MVA with damages, lying in the south bound inner lane of Wailea Alanui Drive;
6. That fficer Anthony Krau made contact with the efendant wherein the Defendant identified himself as the lone occupant and driver of the crashed motorcycle;
7. That upon contact with the efendant, Officer Krau detected an odor of liquor on his breath;
8. That efendant related that he had [drunk] beer;
9. That efendant was observed with abrasions to his left knee area, left elbow, and complained of pain to the rib area;
10. That Medics arrived on the scene and transported efendant to Maui Memorial Medical Center, where he was admitted for treatment of his injuries;
12. That based on Officer Krau's investigation, he concluded that the efendant had been involved in a collision resulting in injury and that probable cause existed that the Defendant had violated [HRS § 291-4];
13. That Officer Anthony Krau called dispatch requesting that a police officer respond to Maui Memorial Hospital to ensure that a forcible extraction be conducted on the Defendant;
14. That Officer Jennifer Kapahulehua was directed by Dispatch to go to Maui Memorial Hospital to request that a forcible extraction be conducted on the Defendant;
15. That at the Hospital, the efendant was treated for his injuries, multiple contusions, lacerations, and fractured ribs;
16. That at the Hospital, efendant specifically opposed and refused any routine blood tests, as he particularly opposed and averse to needles;
17. That Officer Kapahulehua from Maui Police Department went to Maui Memorial Hospital to obtain a forcible blood extraction from efendant, which was effected by a Chris Otsuka at Maui Memorial Hospital on June 28, 2001 at 12:37 a.m.;
17.5. The efendant opposed the taking of his blood.
18. That at no time prior to, or incident to, did any police officer advise the ef
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