MELCHOR A. PONCE, Petitioner-Appellant,
ADMINISTRATIVE DIRECTOR OF THE COURTS, STATE OF HAWAI'I, Respondent-Appellee
FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (CASE NO.
A. Partington, for Petitioner-Appellant.
Delanie D. Prescott-Tate, for Respondent-Appellee.
GINOZA, CHIEF JUDGE, LEONARD AND CHAN, JJ.
OPINION OF THE COURT
secondary appeal, Petitioner-Appellant Melchor A. Ponce
(Ponce) appeals from the December 27, 2016 Decision and Order
Affirming Administrative Revocation (Order) and the January
31, 2017 Judgment on Appeal (Judgment), both entered by the
District Court of the First Circuit (district court),
district court affirmed the administrative revocation of
Ponce's driver's license by Respondent-Appellee
Administrative Director of the Courts, State of Hawai'i,
acting through a hearing officer (Hearing Officer) of the
Administrative Driver's License Revocation Office
appeal, Ponce argues that the district court erred in
affirming the Hearing Officer's conclusion that the
implied consent form read to Ponce was not misleading.
August 25, 2016, Ponce was arrested for Operating a Vehicle
Under the Influence of an Intoxicant (OVUII), in violation of
Hawaii Revised Statutes (HRS) § 291E-61 (Supp. 2016).
After arriving at the police station, the arresting officer
read to Ponce the provisions of the form titled "USE OF
INTOXICANTS WHILE OPERATING A VEHICLE IMPLIED CONSENT FOR
TESTING" (Implied Consent Form). The Implied Consent Form
Pursuant to chapter 291E, Hawaii Revised Statutes (HRS), Use
of Intoxicants While Operating a Vehicle, you are being
informed of the following:
1. ___Any person who operates a vehicle upon a public way,
street, road, or highway or on or in the waters of the State
shall be deemed to have given consent to a test or tests for
the purpose of determining alcohol concentration or drug
content of the person[']s breath, blood, or urine as
2. ___You are not entitled to an attorney before you submit
to any test or test [sic] to determine your alcohol and/or
3. ___You may refuse to submit to' a breath or blood
test, or both for the purpose of determining alcohol
concentration and/or blood or urine test, or both for the
purpose of determining drug content. If you do refuse, then
none shall be given, except as provided in section 291E-21.
However, if you refuse to submit to a breath, blood, or urine
test, you may be subject to the sanctions of 291E-65 if you
are under 21 years of age at the time of the offense. In
addition, you may also be subject to the procedures and
sanctions under chapter 291E, part III.
refused to submit to alcohol concentration testing and
refused to initial or sign the form to indicate his
acknowledgment. After Ponce refused to sign the Implied
Consent Form, the arresting officer read to Ponce the
provisions of an additional four-page form concerning the
consequences of passing, failing, and refusing an alcohol
concentration test (Sanctions Form). Ponce again refused to
initial or sign the Sanctions Form. After Ponce refused to
sign the Sanctions Form, the arresting officer prepared the
Notice of Administrative Revocation, which Ponce again
refused to sign.
August 31, 2016, the ADLRO issued its Notice of
Administrative Review Decision (Administrative Review
Decision), sustaining the Notice of Administrative Revocation
and revoking Ponce's license and privilege to operate a
vehicle for a two-year period from September 25, 2016 through
and including September 24, 2018.
September 28, 2016, Ponce requested an administrative hearing
to review the Administrative Review Decision. The ADLRO held
the hearing on October 25, 2016. At the hearing, Ponce raised
the argument that the last two ...