A new class-action lawsuit filed by the ACLU of Hawaii accuses the Honolulu Police Department of arresting sober drivers—sometimes including tourists—for DUI without probable cause. According to the filing, HPD officers arrested 127 drivers between 2022 and 2024 who later tested with zero blood alcohol content. The suit says they had no drugs in their system, passed all field sobriety tests, and showed no signs of impairment.
The lawsuit alleges these arrests are driven by an internal culture focused on Honolulu Police racking up DUI arrest numbers, regardless of whether they lead to convictions. Some officers were allegedly encouraged by superiors in that regard, with early shift release if they made a DUI arrest. The suit alleges police pushed for arrest stats to help secure additional federal grant funding.
The ACLU says the department’s approach violates the rights of drivers and has caused lasting harm to those who were wrongly arrested.
Tourists caught in the crossfire: a real story.
The lawsuit includes Ammon Fepuleai, a math instructor from American Samoa, who was visiting Honolulu in August 2023 to help plan his cousin’s wedding. While driving on a Friday night, he was stopped at a checkpoint, administered a breathalyzer test, and arrested—despite blowing 0.000.
He was not charged with DUI. His arrest was eventually dismissed. But the damage to his record and trip had already been done.
The ACLU cited his experience as representative of others who were not under the influence yet were subjected to arrest and detention anyway. The ACLU added that “these HPD officers fabricated their police reports to secure the arrest and justify it after the fact. These officers also improperly turned off their body-worn cameras to hide their scheme.”
According to HPD, nearly 300 drivers who were arrested had test results below the legal limit. “Shockingly, 69 of those arrested blew a 0.000—just like Mr. Fepuleai—and these incidents bear other similarities to Mr. Fepuleai’s false arrest,” the lawsuit states. While the filing does not specify how many of those drivers were visitors, the volume and randomness of the checkpoints suggest that other tourists were likely among them.
While the lawsuit names only a few individuals and the others referenced are not publicly identified, the inclusion of at least one visitor—combined with the random nature of the stops and the sheer volume of tourists driving on Oahu—makes it likely that other visitors were among those arrested.
According to the ACLU, “the night of the incident was, by itself, extremely emotionally distressing and traumatizing.” They say the arrest caused Mr. Fepuleai ongoing shame, humiliation, and fear of further mistreatment when visiting Hawaii again.
Driving in Hawaii: What visitors need to know.
Hawaii visitors obviously need to rent cars to explore much of the islands. In 2024 alone, over 4.2 million rental vehicle transactions were recorded across the state, with Oahu accounting for the majority. These numbers are expected to remain steady in 2025, despite higher prices and fewer discounts.
That means thousands of tourists are behind the wheel every day—often on unfamiliar roads, in unfamiliar traffic patterns, and under the watchful eyes of police. Even after decades of doing so, driving in Honolulu can be challenging, partly due to last-minute unannounced lane changes and a severe lack of signage.
The Honolulu Police Department participates in a federally funded program called 52/12, which mandates weekly DUI checkpoints at random locations. These are not announced in advance. Many drivers are pulled over without any indication of impairment, just for passing through the checkpoint.
For visitors, that can be a jarring experience. Add to that the risk of being misidentified as impaired and arrested despite testing sober, and it’s easy to see how this issue could raise significant concerns for travelers.
HPD’s response: What happens next?
The Honolulu Police Department issued a short statement after the lawsuit was filed, saying it would review all DUI arrests dating back to 2021. It also said it takes the allegations seriously and will investigate the three plaintiffs’ cases.
However, HPD has not admitted wrongdoing or announced any policy changes. No officers have been placed on leave, and no timeline for the review was shared publicly.
The ACLU is not seeking damages in the suit. Instead, it wants the department to stop making what it describes as unconstitutional arrests and to change its internal culture around enforcement and incentives.
Until then, the review will proceed quietly, and the checkpoints will likely continue.
Hawaii visitor reaction: confusion and concern.
Beat of Hawaii readers frequently comment on how different Hawaii feels today compared to years past. Recent headlines, from the newsworthy deportations to a general sense of being unwelcome, have triggered real unease among some visitors.
Now comes the idea that you could also be arrested while sober, after passing all tests, simply for driving.
Marie, a reader from California, commented recently, “This feels like a total breakdown in trust. If you can do everything right and still get arrested, what’s the point of being careful?”
Another traveler, George, said, “We’ve visited Hawaii for twenty years, and I always felt safe driving. I’m not so sure anymore, especially at night.”
Others noted that the randomness of the stops makes it feel impossible to protect yourself. Unlike speeding or illegal parking, this isn’t something you can simply avoid by following the rules.
Why this case could have lasting effects.
The ACLU asserts that “the City and County of Honolulu is itself responsible for having a de facto policy or widespread custom of making false arrests—despite clear indications of sobriety—as a means to justify receipt of federal grant money.” The story may linger even if HPD changes its policies or the lawsuit is eventually dismissed. News that sober people have been arrested for DUI in Hawaii will stick in people’s minds, especially for those who already feel uncertain about whether Hawaii still welcomes tourists.
This could become another reason why some travelers begin to second-guess their plans or stick to walkable areas and guided excursions instead of exploring independently by car.
The ACLU has said investigative reporting from Hawaii News Now first alerted them to this pattern. The issue may shape public perception well beyond Hawaii’s borders as media attention grows.
Share your experience.
Have you rented a car in Hawaii recently? Have you experienced—or witnessed—unusual stops or such confusing police behavior? Would this news change how you approach driving on your next Honolulu trip?
Let us know in the comments. Stories like yours help other travelers make smarter choices and stay aware of the realities behind Hawaii vacation photos.
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This is concerning. About every 10 years I go to Hawaii and we are planning a trip in 2026. The second-last time I was there was for my wedding. To make a long story short, it was a fiasco from the moment we landed. A few days layer, while being married, someone tried to steal our car and broke the lock leaving us with no transportation. No one stopped to help and we missed our wedding dinner. A few days later we spent the entire day at the PH memorial and PCC. Our room was broken into and we were wiped out. They used items to break into the safe, our camera and film were gone (wedding pictures), my husband’s custom-made cufflinks (wedding present to him) and even the room’s TV. I didn’t even have a hairbrush anymore! I had a suspicion as to who had done it and asked to see camera footage. That was when we learned the cameras were fake. But to add insult to injury, the police accused US of the robbery! We spent the rest of our trip looking over our shoulders. Truly awful.
Rented a car twice on Big Island in the last 6 weeks for over 2 weeks duration total and never felt like this was any kind of an issue anywhere around Hilo.
The ACLU not asking for millions of dollars will bail out HPD. They will say “sorry, we will do better” with no changes. If that would happen to me, my lawyer would be there the next morning suing for million dollars. Your “blue” state has to find money wherever they can. Payoffs usually aren’t made with IOU’s.
An unspoken issue here is trying to explain the stop to your insurance company when your policy comes up for renewal. I really don’t think they will “work with you” to clear it up. It will cost you even if they choose to renew you.
Also, will the same franchise want to rent you a car in Hawaii or anywhere else with an arrest (even dropped later) on your driver record. So many rental companies are under the same umbrella of ownership, it could be challenging.
Is this just on one island or is there a trend across all of the islands? A little something BOF Hawaii could investigate…what they do best.
Ehhh, no different than being cited for not wearing a mask outdoors… and the citizens embraced that.
Stupidity is strong in HI. It was great to leave after over a decade of watching daily nonsense.
Since I left my earlier comment, all of the subsequent comments presumed that the police did something illegal or unethical. Alcohol intoxication is not the only cause of impaired driving. A driver may be truly impaired yet test negative via breathalyzer. There are a number of observations that the police may make, which legitimately suggest impairment. If they accidentally forgot to turn their body camera on, then maybe they should dismiss the charges unless others witnessed evidence of impairment.
I am grateful for all of the times that police risk their lives to arrest criminals and especially grateful to those who are injured or killed in the line of duty!
No one should be surprised by this behavior it’s the way any government agency gets more funding, plus officers know who to target. Let’s arrest a foreigner who does not know their rights. Every government agency does this.
Tourists disrespecting Hawaii. This situation tells the opposite story. Hawaii disrespecting the tourist. Sounds what hypocritical? If tourists don’t like it please don’t visit. I guess Hawaii didn’t force any tourist to come to the islands.
This is unbelievable as we prepare for our vacation in July. So in addition to all the extra taxes, $$$ lodging, high restaurant prices, extra fees for visiting local spots now we need to worry about being falsely arrested. I can honestly say after this vacation visiting Hawaii will not be in any of our future plans.
One more reason to never go back. We said Aloha 2 1/2 years ago as in buh bye. We use to go 2-3 times per year, spend a minimum of two weeks, made ourselves very small, and always encouraged the local business people, merchants, and artists, even always buying our fruits and vegetables from the locals. Sad, very sad.
We had friends that asked us recently about going to Hawaii and our advice, and they have booked elsewhere to travel to.
We even have enough airlines points to fly for free to Hawaii and we are not bothering to go.
But we discovered new places to places to go to that have learned to really enjoy. Their gain, Hawaii’s loss. But I guess this is what Hawaii wants anyways.
The only thing good about it is that I wear the way too many shirts I bought from the local merchants.
This is what happens in third world countries, and speaks volumes about the lack of integrity in the HPD. Given the fact that the current federal administration considers itself above the law, this type of unethical behavior is not a surprise.
Pretty sure this hasn’t just happened in the past 4 to 5 months, and it has nothing to do with who is president right now.
Hawai’i doesn’t appear to really know how to manage itself. I think it’s time for the Feds to come in and show them what’s up. Because if it’s not something illegal, corrupt – then it’s the joke of a legal system that let’s crooks out and victims are re-victimized. The “aloha” spirit seems to be fading and turning into just a bumper sticker…
Well, this is a little scary! As a retired law enforcement officer, I’m appalled at this revelation of blatant police misconduct. I recall a couple of nights ago passing what looked like a possible DUI checkpoint on Maui on a road typically traveled by visitors frequently. Hope no one got scooped up who was sober that evening.
I’m concerned that HPD is not immediately all over this matter and possibly suspending officers whose reports reflect this type of misconduct. I have heard more times than I can count how ‘this is Hawaii and things move at a slower pace’, but that’s no excuse for inaction. They need to get on this matter now!
🌺Aloooooha Friday Everyone 🍍 🌺🎉🍍
Well, I’ve witnessed it as a civilian, and I’ve experienced personally as an Officer with the RCMP in B.C. and chose to leave,
The idea that there are checkpoints pulling random people over seems to be problematic and now hearing that you can be arrested by doing nothing wrong is even more concerning. As part of a minority group often targeted, especially in this current political BS where they want to give police immunity, I am terrified when I just see the police or a police car. It never is a feeling that it is safer for me. I have come to Hawaii for 40 years and never was stopped on Ohau, Kauai, or the BI. I was once stopped years ago with my family in a minivan for doing 30 in a 25 zone that just started, apparently. The police at that time just gave me a verbal warning about speed limits changes often on roads in Hawaii. But it was an intense few 15 minutes after as he followed us for at least 15 minutes. Felt like he was looking for something else to get me for as we had just landed and rented the car 20 minutes prior. It hung over our trip the whole time. Thanks ACLU! This is why I support!
Of the 127 drivers who were 0.000. How many of the license plates were rental car issued? I guess this is one way to say leave Hawaii and never come back. What is the percentage that ever made it back to Hawaii for their court date? Also 0.000. What a money grab and a niche on ones driving record as well as insurance rate increase.
IMO I think the key words in this ordeal is Federally Funded and not really any actions or impairment of the driver. I wonder if during the mugshot the officer asked please say Aloha. Snap.
A cop that lies should be fired. A supervisor who allows or encourages this should be fired. A police chief who allows this should be fired. If I was on a jury and a defense attorney showed evidence of that someone testifying for the prosecution had done this I would consider everything they said as probably a lie. It shouldn’t be too hard for defense attorneys to find this info and use it to make police statements worthless in courts. Thank god the prosecutors have apparently had the integrity to drop these cases.
Terminated. And prosecuted for false imprisonment.
You can still be guilty of driving while impaired with a negative breathalyzer test. Many other recreational drugs such as THC and “designer drugs” could cause impairment. Also lack of sleep in graveyard shift workers could be a cause. However, the field sobriety test would reveal impairment. Their disappearance makes these charges suspect.
One screw up at a time to run the tourists off, way to go.
What is happening to the USA in general. Hawaii has more than it’s share of corrupt politicians, screwing over and robbing tourists with all the extra garbage fees and Washington has a felon in the highest office in the land. You chose Hawaii or any other state, you stand a good chance of being robbed, assaulted,ending up in jail or in El Salvador.
The choice is yours ,but there are some many other places to visit where you will be welcomed and treated with respect
This sounds like they targeted tourists? Could be some deeper issues, when corrupt practices are used to discriminate. The reasons to pass on Hawaii are rapidly growing…
Imagine being a visitor in a rented car and being arrested with the vehicle impounded. That’s not an easy fix to have it released or an inexpensive one, let alone the defending of one’s self to clear their records. Oahu is a firm No Go for me. Won’t be a statistic, albeit false one. Then again, with their nonsense traveler tax and hiked up fees, we’ve decided against the islands in general. Hawaii like Disney, has lost its warmth and charm. Sad.
What would help is a lawsuit (or 12) which exposes the illegal moves the HPD and Hawaii government employ to take money from law abiding citizens. I’m thinking a $100M settlement would wake the people of Hawaii up, but realize that’s not likely. Most people who vote don’t care enough to know what’s going on and therefore don’t know enough to care. But it sure is fun complaining even though those complaining are responsible for voting those into office who perpetrate the whole mess. Vote them all out. Blue policies kill economies and hurt the people. Always.
Just turned in my HNL rental a week ago. Been regularly renting and driving on trips home to Oahu for over 25 years now. Never have had the slightest issue with HPD, checkpoints, or driving (outside of the chaos that’s Honolulu traffic).
Best Regards
Why is it in this country that the police are there to serve and protect us but more and more it becomes a story of racism, bigotry, over zealous reactions and fraud against it’s citizens. It’s becoming more and more the police are the ones that need policing, creating more and more distrust amongst the citizens and rightfully so. How can you arrest someone on a DUI when they have a 0.00 alcohol reading. Scary indeed.
This is heartbreaking. I’ve always felt a little nervous driving on Oahu, especially at night, but now I wonder if being extra cautious even matters. The idea that you can do everything right and still end up in the back of a police car is chilling.
We had a weird experience at a checkpoint in Honolulu in 2023—nothing happened, but the officer seemed overly suspicious even though we were just coming from dinner and had not been drinking. Now reading this, I’m wondering how close we were to becoming part of this story.
While we have never been stopped at a check point in all the years we lived on Oahu, when we fly over from the Big Island now, we make sure we are not driving at night. We also make sure we are not walking around Waikiki after dark. Not the place we remember from the 1980s-1990s.
I get that law enforcement has a tough job, but if this is how DUI enforcement works in Hawaii, it’s a bad look. You’re messing with people’s records and reputations over nothing, for simply the wrong reasons. That’s not keeping the public safe and that’s creating trauma.
This is a bummer. We’ve always loved Hawaii, but it’s starting to feel like the rules are changing—quietly, and not in good ways. Now it’s: will we get pulled over for no reason?
I’d like to know how many of those arrested were visitors, and how many were residents among other things, if possible. Because if HPD can’t even tell us that, how do we know this isn’t targeting based on some appearance or other assumptions? It’s not just bad policy—it’s potentially discriminatory.
It’s 100% discriminatory. That’s the point. Gotta get the corruption out of government. Start by voting all of them out and putting in conservatives who don’t cave to unions and are committed to the people in general and not the unions/status quo bureaucrats.
I’ve seen this kind of thing before in other states—checkpoint culture can go too far. But in Hawaii? That’s unexpected. It really changes how I’ll feel driving in Honolulu on my next trip.
The whole idea of checkpoints used to make me feel safer. Now, after reading this, they feel like a trap. It’s hard to support public safety measures that get twisted into something entirely inappropriate.