FOR IMMEDIATE RELEASE
PRESS RELEASE
May 29, 2025
MEDIA CONTACT
Sergio Alcubilla, Director of Community Engagement
808-371-4805, [email protected]
ACLU of Hawai‘i Files Class Action Lawsuit Over HPD’s Unlawful DUI Arrests
Honolulu, HI - The ACLU of Hawai‘i (“ACLU-HI”) and Miyashita & O’Steen filed a class action lawsuit today against the City and County of Honolulu challenging the Honolulu Police Department’s (“HPD”) longstanding pattern and practice of wrongfully arresting people without probable cause or due process for allegedly “operating a vehicle under the influence of an intoxicant” (“OVUII” or “DUI”).
The suit alleges that HPD officers continually arrest drivers who show no outward signs of impairment, perform well on field sobriety tests, and who often blow 0.000 on breathalyzer tests. From 2022 through 2024, HPD arrested 129 people for OVUII, despite those people having a blood alcohol content (“BAC”) of 0.000 after a breath or blood test. Of those 129 arrests, only 15 people (or 11.6%) were given a traffic ticket, and only 3 (2.3%) were charged with OVUII for drugs.
The class action lawsuit includes Ammon Fepuleai, Sarah Poppinga, and Tanner Pangan as class representatives seeking to represent hundreds of O‘ahu drivers who were arrested by HPD without probable cause or due process. Officers arrested each on the basis that they were too drunk to drive. Officers then claimed they smelled alcohol, and that the drivers’ eyes were “red,” “watery,” and/or “bloodshot.” But soon after arrest, each individual blew a 0.000.
The lawsuit paints a picture of a department motivated by a “singular focus” on making DUI arrests, rather than getting convictions. Arrest numbers are then used to show the public that it is increasing public safety and to secure federal grant money. But in reality, the HPD policies and practices incentivizing wrongful arrests undermine genuine DUI enforcement.
The negative impact on those wrongfully arrested has been significant. Ammon Fepuleai, an educator who was visiting Hawai‘i at the time shared:
When I was arrested, it really impacted myself mentally, internally, and as well as the public perception because this really caused trauma to me. The whole experience was very traumatizing. Before I got arrested, I had an image that police officers are there to safeguard us, to protect us, especially those that are innocent.
Tanner Pangan, an 18-year-old high school student at the time he was wrongfully arrested for DUI, in describing his experience said, “No one should be arrested for just driving home. I hope HPD actually arrests people that are under the influence and are actually causing harm and being a danger to our roads. It shouldn’t be happening to anyone just driving home.”
The lawsuit was filed in Hawaiʻi First Circuit Court. ACLU-HI Executive Director Salmah Y. Rizvi shared, “We are meant to live in a society where freedom isn’t just a principle on paper—but a lived reality. The freedom of movement is a foundational principle of our democracy that must be safeguarded.”
ACLU-HI Legal Director Wookie Kim said:
False arrests like these aren’t just wrong—they’re unconstitutional. The Hawaiʻi Constitution protects people from being arrested without probable cause, and from losing their liberty without due process. These protections mean something—and we’re going to court to defend and enforce people’s rights against HPD.
ACLU-HI Legal Fellow Aaron Dvorkin added:
Our months-long investigation reveals that HPD officers tasked with DUI enforcement have arrested a significant number of Honolulu drivers who are acting normally and not driving erratically. These drivers are arrested despite being completely sober, as shown by body camera footage and chemical test results. Our lawsuit seeks significant change to a system under which anyone could be subject to false arrest.
Robert Miyashita and Jeremy O’Steen, founding partners of the law firm of Miyashita & O’Steen, LLLC, are working alongside ACLU-HI. “We all want safe streets. But when that goal is twisted into a numbers game, it takes officers off the road and lets truly impaired drivers slip through the cracks, placing the entire community at risk,” said Robert Miyashita.
“That’s not safety—that’s mismanagement, and it breaks the trust and confidence our communities should be able to place in law enforcement,” added O’Steen. “We’re co-counseling with the ACLU of Hawaiʻi to stop this abuse of power and refocus policing on real threats to public safety.”
The ACLU of Hawaiʻi encourages any individuals who believe they may have been falsely arrested for DUI to contact our Legal program. By sharing your story, you can help us hold police accountable and ensure justice for those impacted by these actions. Please reach out here: https://www.acluhi.org/en/request-legal-assistance.
###
Link to 05.29.25 Press Conference
The mission of the Hawai‘i affiliate of the ACLU is to protect the civil liberties contained in the state and federal constitutions through litigation, legislation, and public education programs. The ACLU is funded primarily through private donations and offers its services at no cost to the public. The ACLU does not accept any government funds. Donate to ACLU-HI here.
Miyashita & O’Steen is a plaintiffs’ personal injury law firm dedicated to advancing community safety and advocating for individuals harmed by government misconduct, negligence, and systemic abuse.