Arrested ?? for DUI ?? with a 0.00 BAC?! Yes, it happens commonly in Hawaii ??

Unjust DUI Arrests: A Troubling Trend on Oahu

A recent Hawaii News Now investigation revealed a troubling trend on Oahu—numerous drivers are being detained for DUI without any traces of alcohol or drugs. This not only raises questions about the enforcement tactics but also highlights the need for procedural reform.

Jonathan Burge, a former police officer and current criminal defense attorney comments on the situation:

"When I was a policeman, I never encountered anyone who blew triple zeros.”

According to data from Hawaii News Now, obtained directly from HPD, there has been a concerning trend in DUI arrests over the past two years. In 2022, 151 individuals were arrested and subsequently released without charges because their breathalyzer tests returned results below the .08 legal limit. The following year, 2023, saw a similar scenario with 145 people. Notably, out of these combined arrests over two years, 69 people blew a 0.00—indicating no presence of alcohol. This figure represents approximately 23% of the total arrests made in these years where individuals were later released due to low breathalyzer readings.

Legal Insights: Protecting the Rights of the Innocent

The issue of sober drivers facing DUI charges has ignited discussions among legal experts about the balance between law enforcement and civil liberties. Attorney Pat McPherson, speaking on the matter, advises, "If you're not impaired, insist on taking the breathalyzer test—it's your best evidence.

Victor Bakke, another respected attorney, adds, "There's an unwritten pressure to secure DUI arrests, which can lead to innocent people being wrongfully detained. This calls for a careful review of our current law enforcement strategies."

Over the past two years, alarming statistics from Hawaii News Now have revealed a significant concern with DUI arrests in Honolulu. In 2022, the Honolulu Prosecutor’s Office deemed 73% of HPD arrests unsuitable for charging. This figure rose to 80% in 2023, where charges were declined. If such figures were reported in other jurisdictions known for profiling and wrongful arrests, like Ferguson, Missouri, there would likely be public outcry—marches, rallies, and demands for political change.

Yet, in Hawaii, there seems to be a desensitization to wrongful detentions. At A-1 Bail Bonds, we refuse to standby idly. This is why we are committed to bringing these issues to light through our newsletters and offering professional support to those wrongfully accused by the government.

Community Impact and Legal Advocacy

These wrongful arrests affect more than just the individuals involved—they can undermine public trust in law enforcement and divert attention from genuine safety threats. As we continue to monitor this story, the “jail mail” newsletter’s goal is to inform the community about significant legal developments and advocate for justice and transparency.

Attorneys such as Jonathan Burge, Pat McPherson, and Victor Bakke remain at the forefront of this issue, advocating for changes that ensure fair treatment for all drivers and accountability for law enforcement practices.