ACLU Hawaii expands probe into HPD drunk driving arrests after more drivers come forward

HONOLULU (HawaiiNewsNow) - The American Civil Liberties Union of Hawaii has broadened its investigation and potential lawsuit against the Honolulu Police Department over intoxicated driver arrests.

The civil rights agency originally focused its case on DUI road blocks with questionable probable cause, but Wookie Kim, legal director of ACLU Hawaii, said more people have come forward showing “alarming patterns.”

“This pattern extends outside of DUI checkpoints — it involves the way that HPD is doing DUI arrests more generally,” Kim said.

An HNN Investigation showed about 80% of all the 2023 DUI cases referred to the Honolulu Prosecutor’s Office were declined.

The ACLU started looking into it and on Nov. 4, the agency notified HPD and the city that they were representing one of the drivers, Ammon Fepuleai, who was arrested in December 2023.

Kim called Fepuleai’s arrest “unconstitutional” and said “the officers had no probable cause” to believe that Fepuleai was drunk.

HNN Investigates had the body camera videos of that arrest.

HNN Investigates

The officer who first made contact said he smelled alcohol, but when Fepuleai blew a 0.00 on the breathalyzer, the report showed the officer suspected drug use.

Other drivers have come forward to HNN Investigates too and body camera videos also showed what legal experts described as questionable.

HPD arrest stats for DUI are recorded and some believe that contributes to the push to take drivers in.

On Nov. 25, HPD responded to ACLU and said they are “reviewing all police reports, body camera footage, surveillance footage, and any other documents available related to Fepuleai’s arrest.”

The letter continued, the department is “open to reviewing and improving policies” and said “an administrative investigation has been opened.”

PREVIOUS COVERAGE:

• Dozens of Oahu drivers arrested, jailed for DUI despite tests showing no alcohol in their systems
• Driver falsely arrested at DUI checkpoint claims statistics — not drunk drivers — motivate arrests
• ACLU prepares to file suit against HPD, city over arrests of sober drivers at DUI checkpoints

Fepuleai filed a complaint with the Professional Standards Office earlier this year, but in April was sent a letter that said the internal investigation was completed and closed and did not find sufficient evidence to sustain the complaint.

HNN Investigates asked HPD why the latest letter contradicts that and a spokesperson said a “follow up” investigation was launched after the ACLU Hawaii notified HPD of the potential lawsuit.

Kim said they would prefer to keep communication lines open with HPD than rushing to file a complaint, but the additional drivers coming forward triggers “serious concerns” and the agency is working on “what needs to be done to ensure that HPD is held accountable.”

The ACLU Hawaii said any driver who feels their DUI arrest was unconstitutional can contact the nonprofit legal agency here.

Copyright 2024 Hawaii News Now. All rights reserved.