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CASTRO v. ADMINISTRATIVE DIRECTOR OF COURTS

No. 23232.

40 P.3d 865 (2002)

97 Hawai'i 463

Joseph P. CASTRO, Respondent/Petitioner-Appellee, v. ADMINISTRATIVE DIRECTOR OF The COURTS, State of Hawai`i, Petitioner/Respondent-Appellant.

Supreme Court of Hawai`i.

Reconsideration Denied February 19, 2002.

As Amended March 1, 2002.

Attorney(s) appearing for the Case

Girard D. Lau, Deputy Attorney General, State of Hawai`i, for petitioner/respondent-appellant.

Roland Nip, Honolulu, for respondent/petitioner-appellee.

MOON, C.J., LEVINSON, and ACOBA, JJ.; with RAMIL, J., Concurring Separately; and Nakayama, J., Concurring Separately and Dissenting.

Opinion of the Court by ACOBA, J.

We hold that the meaning of "prior alcohol enforcement contact" must be explained when advising a person arrested for driving under the influence of intoxicating liquor (DUI), Hawai`i Revised Statutes (HRS) § 291-4 (Supp.1999), of the potential length of license revocation for refusal to take a blood alcohol concentration (BAC) test or for failing such a test, as set forth in HRS § 286-261 (Supp.1999), in order to ensure...

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