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STATE v. WILSON

No. 8426.

660 P.2d 528 (1983)

STATE of Hawaii, Plaintiff-Appellee, v. William WILSON, Defendant-Appellant.

Supreme Court of Hawaii.

Reconsideration Denied April 11, 1983.

Attorney(s) appearing for the Case

Evan R. Shirley and Marguerite B. Simson, Honolulu (Shirley & Jordan, Honolulu, of counsel) on the brief for appellant.

Arthur E. Ross, Deputy Pros. Atty., Honolulu, on the brief for appellee.

Before LUM, Acting C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and OGATA, Retired Justice, assigned by reason of vacancy.

PADGETT, Justice.

This is an appeal from the revocation for a period of six months of the appellant's driver's license on the ground that he had refused, in violation of § 286-155, HRS, to take a test of his breath or blood after having been arrested for driving while intoxicated. We reverse.

Appellant was arrested on June 4, 1981 for drunken driving. He executed HPD form 245, indicating an election to take a breath test. That form, in full, read as follows...

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