Story perspectives

Hawaii Supreme Court to Review Sobriety Test Refusal Evidence

6/2/2026

Summary

Story summary

The Hawaii Supreme Court will hear Thursday arguments on whether refusing a Standardized Field Sobriety Test can serve as guilt evidence.
The ACLU of Hawaii joined the lawsuit, saying the practice may violate constitutional rights because fatigue or language barriers can cause refusals.
Defense attorneys Victor Bakke and Jonathan Burge say the “consciousness of guilt” inference forces drivers into a choice between failing test or having refusal used against them.

1 of 1

Story summary

The Hawaii Supreme Court will hear Thursday arguments on whether refusing a Standardized Field Sobriety Test can serve as guilt evidence.
The ACLU of Hawaii joined the lawsuit, saying the practice may violate constitutional rights because fatigue or language barriers can cause refusals.
Defense attorneys Victor Bakke and Jonathan Burge say the “consciousness of guilt” inference forces drivers into a choice between failing test or having refusal used against them.