Driver falsely arrested at DUI checkpoint claims statistics — not drunk drivers — motivate arrests

HONOLULU (HawaiiNewsNow) - Ammon Fepuleai was visiting from American Samoa on Nov. 7 when he was stopped at a DUI checkpoint at Kamehameha Highway and Ka Uka Boulevard.

It was about 11:30 p.m. Fepuleai had left a wedding event for a friend and was driving his brother’s car back to his Mililani home.

Body camera videos show the officer told Fepuleai, “I do detect the odor of alcohol.”

Fepuleai was surprised and responded, “But I don’t drink.”

Fepuleai insisted he was sober and agreed to do the field sobriety tests, including a breath test at the scene. The body camera videos show Fepuleai took the breath test and the police report shows the result was 0.00. He had no alcohol in his system.

Fepuleai said the narrative then changed, and the officers said they suspected drug use.

Fepuleai showed HNN Investigates one part of the police report, where an officer marked “no” for odor of intoxicant. Another officer’s body camera video shows Fepuleai being handcuffed.

“Put your hands behind your back. You’re being placed under arrest for operating a vehicle under the influence of an intoxicant,” the second officer said.

Right after Fepuleai was cuffed and put in the patrol car, the transporting officer appears to turn off the body camera, even though policy requires it stay on during the ride.

Fepuleai said that’s important because on the way to the Pearl City substation, he said the officer told him to refuse further tests in an effort to save time.

Fepuleai said he listened and posted $500 bail.

He now regrets listening to the officer. “He shouldn’t have given me that advice and I hope that they’re not giving other innocent people the same advice,” Fepuleai said.

Jonathan Burge, an attorney who specializes in traffic cases, said he has heard from multiple other clients that officers are giving that advice.

Burge is also a former HPD officer and said “it’s wrong” for officers to do that.

He believes the officers want to cut down on time spent at the substation doing paperwork, getting experts to draw blood or perform drug tests.

“They still get paid the overtime so I don’t know why they won’t do it,” Burge said.

“Number one, if the person is intoxicated, they’re getting evidence for the prosecutor. If they aren’t intoxicated, they can prove that they’re not.”

Burge said some officers want to get back out to make more arrests.

“When you do the roadblocks, you’re expected to get a DUI arrest because they’re paying overtime,” Burge said, adding “there is pressure for stats.”

DUI checkpoints are often federally-funded.

Days after Fepuleai returned to American Samoa, he learned the Administrative Driver’s License Revocation Office rescinded his case and sent him his driver’s license back after four weeks.

The Honolulu Prosecutor’s Office also declined to pursue the case, citing insufficient evidence.

But Fepuleai said the damage was done.

“I felt embarrassed. I felt profiled,” he said.

Fepuleai still has not gotten his $500 bail money back and he said he is angry that he went through that with no benefit to the community. “The time they spent arresting me, maybe there was an actual drunk driver out there they missed,” he told HNN Investigates.

Fepuleai wants HPD to crack down on officers who turn off their body cameras when they shouldn’t. He also wants the department to better train officers about the advice they provide.

HNN Investigates did ask the Honolulu Police Department for comment about the pressure for officers to get arrests during DUI checkpoints, but we did not get a response.

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