ACLU prepares to file suit against HPD, city over arrests of sober drivers at DUI checkpoints

HONOLULU (HawaiiNewsNow) – The American Civil Liberties Union is demanding the Honolulu Police Department change arrest policies at DUI checkpoints or face a lawsuit.
A letter sent to HPD Chief Joe Logan and the city attorney does not ask for money but calls for an impartial investigation into the actions of officers who work road blocks to get overtime. It also cites Hawaii News Now stories featuring sober drivers who were taken to jail, including Ammon Fepuleai.
Fepuleai was stopped at a checkpoint on Nov. 7, 2023 in Waipahu.
The nine-page letter from the ACLU called the arrest “unconstitutional” and the agency’s own investigation suggested that the officers involved “fabricated their police reports to secure the arrest and justify it after the fact” then “improperly turned off their body-worn cameras to hide their scheme.”
Checkpoints are often federally funded, and some provide a minimum amount of overtime pay for officers. Former police officers have suggested that getting an arrest early means the ones working the checkpoint can leave early but still get paid for the minimum amount of hours.
HNN Investigates obtained body camera videos from Fepuleai’s arrest.
The officer can be heard on camera telling Fepuleai that he detects the “odor of alcohol” to which Fepuleai said he does not drink at all.
Fepuleai agreed to take the sobriety tests including the breathalyzer test at the scene. Records show he blew a 0.00, which means he had no alcohol in his system. But then the officer arrested him anyway, this time saying he suspected Fepuleai was under the influence of drugs.
Fepuleai is from American Samoa. Before he returned home, he spoke with HNN Investigates and said he was shocked that the narrative changed.
“Is there a cover up? Is this a trend that these police do, pulling innocent people on the side just to meet a quota?” Fepuleai asked.
ACLU Legal Director Wookie Kim said the agency is not challenging the legality of the checkpoints.
“What we are challenging is a pattern and practice of unconstitutional arrests that occur without probable cause,” Kim said.
Kim pointed to an HNN Investigates report that found 69 drivers were arrested between 2022 and 2023, despite having breath or blood test results that showed zero alcohol was detected in their system.
“Something needs to change to avoid other innocent civilians from getting wrapped up with all kinds of really nasty consequences, legal consequences,” Kim said.
Kim said an arrest record can hurt a person years later, even if charges are never filed.
The ACLU is also demanding that HPD preserve relevant materials, including the body camera videos and reports from Fepuleai’s arrest.
A spokesperson for HPD said they “have received the letter and are reviewing the allegations.” The statement went on to say that HPD is “working with Corporation Counsel to respond to the ACLU.” That response will include any changes to policies or procedures.
After HNN Investigates aired several stories about Fepuleai’s arrest and another 18-year old who also had zero alcohol in his system, HPD said officers were sent for further training.
The deadline for HPD and the city to respond to the ACLU’s demand letter is next week Thursday.
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