HONOLULU (HawaiiNewsNow) - The American Civil Liberties Union Hawaii could pursue legal action against the Honolulu Police Department over a “pattern and practice of falsely arresting drivers in Honolulu without probable cause and without due process,” a letter sent to the police chief on Tuesday read.
It’s the second time the nonprofit demanded change in department policies when it comes to DUI arrests.
The letter cited even more drivers who came forward to report that they were arrested, even though breathalyzer test results showed they had no alcohol in their system.
HNN Investigates has reported on this issue over the past two years and found that 69 drivers taken to jail in 2022 and 2023 despite breath or blood test results of 0.00.
Our investigation also found that about 80% of all of HPD DUI arrests were declined by the Honolulu prosecutor’s office for charges.
One of those cases involves Sarah Poppinga. Poppinga was pulled over on June 15, 2023, after she and a friend left an entertainment venue in the Ward area. Popping’s tail lights were out as she pulled out of the garage and made her way down the street.
Popping, who was 26 at the time, said she didn’t understand what a field sobriety test was and could be heard asking the officer, “Is it optional?”
The officer responded that it is optional.
Popping said, “Oh, I’m going to pass.”
Less than five seconds later, the officer asked her to get out of the car because she was being arrested.
Poppinga said she was confused by the instructions and asked if she could take the test to avoid going to jail.
“You can’t take it now. You can’t renegotiate on the answer after you passed on wanting to do it,” the officer told her.
Poppinga was taken to the police station, where she took the breathalyzer and blew a 0.00, according to the report.
“I didn’t have any alcohol in my system, and I just felt, you know, it was unfair,” Poppinga said.
ACLU Hawaii legal director Wookie Kim said a tail light being off does not constitute probable cause.
“There has to be other evidence that you don’t have the ability to drive safely on the road,” Kim said, “This is a very concerning trend.”
Poppinga said the arrest was traumatizing. “I was pretty scared. Pretty terrified.”
Poppinga is the latest of about a dozen drivers who have come forward, including Ammon Fepuleai, who was pulled over in November 2023.
Fepuleai was the first to drive through a DUI checkpoint in Waipio.
The officer who stopped him is heard on body camera video saying he smelled alcohol.
Fepuleai agreed to the breathalyzer test on scene, which read 0.00, but he was arrested anyway. The officer said he was now suspected of being under the influence of drugs.
No charges were ever filed, but Fepuleai called the arrest humiliating.
Another case highlighted by the ACLU Hawaii was also in an HNN Investigates story.
In January 2024, a high school senior was pulled over after his tires slipped on rain-covered roads in Aiea. He also blew zeros at the police station.
Kim said DUI arrests have affected the employment status of another driver who reached out to the agency.
Poppinga and the others said they now feel anxious driving, especially at night.
ACLU Hawaii is giving HPD one week to respond to the letter demanding change.