By John Q. Hosedrinker 
Following a lawsuit filed by the American Civil Liberties Union of Hawaii, the Honolulu Police Department will review all impaired driving arrests since 2021. The lawsuit alleges that officers are arresting sober drivers, incentivized by departmental practices that prioritize arrest numbers over probable cause. This has resulted in numerous arrests of individuals with zero blood alcohol content, leading to damaged reputations and unlawful detentions. The ACLU’s class-action suit, representing hundreds of drivers, seeks a declaration that these practices are unconstitutional. The department has stated it will investigate the allegations and take appropriate action if misconduct is found.
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A lawsuit alleges that Honolulu police are arresting individuals for driving under the influence (DUI) despite a lack of evidence of impairment. This practice, the lawsuit claims, stems from a system of perverse incentives that prioritizes arrest numbers over actual public safety.
The core of the problem, according to the lawsuit, lies in the pressure placed upon officers to make DUI arrests. Supervisors allegedly offer incentives, such as allowing night shift officers to leave early while still receiving full pay if they secure a DUI arrest. This creates a system where officers are incentivized to make arrests, even if there is no probable cause, leading to shortcuts in the investigative process. This, in turn, results in the wrongful arrest of sober individuals.
The lawsuit further suggests that the Honolulu Police Department uses arrest numbers to bolster its image and secure federal funding, creating a quota system that pressures officers to meet targets, regardless of the legitimacy of the arrests. This creates a situation where individuals can be arrested on suspicion alone, detained for extended periods – potentially over a weekend – before seeing a judge, facing the loss of their freedom and facing immense difficulty in seeking recourse.
The subjective nature of field sobriety tests (FSTs) further exacerbates the problem. Even if a person provides a clean blood or breathalyzer test, a negative FST result can be used against them, contributing to an arrest. This is particularly troubling since FSTs are inherently subjective, and individuals are wrongly led to believe they must participate, or risk losing their license, even though this isn’t true in all jurisdictions.
This issue is not unique to Honolulu; similar concerns have been raised across the nation. The emphasis on arrest numbers over careful investigation leads to situations where officers with exceptionally high DUI arrest totals are rewarded and lauded, rather than scrutinized for potentially questionable practices. This fosters a culture of impunity that undermines public trust and erodes the legitimacy of the police force.
The alleged practice goes beyond simple wrongful arrests, possibly constituting kidnapping for personal gain. By arresting and detaining people without due process, the officers may be violating their civil rights for financial gain. The focus on high arrest numbers, rather than focusing on the absence of crime and disorder—as would be consistent with more widely held policing philosophies—highlights the perverse incentives at play.
The consequences extend beyond the individuals directly affected. The lack of accountability and the perceived prioritization of arrest numbers over justice contribute to a decline in public trust. The argument that this practice is necessary due to police shortages or a perception of lax crime enforcement is, at best, a weak justification.
Furthermore, the situation highlights the flaws in existing systems for addressing police misconduct. While lawsuits offer a path to justice, the fact that this is a recurring issue across the country suggests a larger systemic problem requiring comprehensive reform. The current system, characterized by perverse incentives and a lack of meaningful consequences, simply incentivizes unethical behavior, leaving the public vulnerable to wrongful arrests and excessive police action.
The contrast between the Honolulu situation and other jurisdictions is telling. In some countries, a refusal to take a breathalyzer test is considered a criminal offense, leading to harsher penalties. In other jurisdictions, roadside breathalyzer tests are used as a more straightforward measure of impairment. The Honolulu situation, by contrast, presents a picture of a system where subjective field tests and perceived quota systems override due process and lead to the arrest and detention of innocent individuals. This system urgently requires critical evaluation and significant reform.
Ultimately, the lawsuit against the Honolulu Police Department represents more than just individual complaints; it shines a light on a broader problem of accountability and integrity within law enforcement. Addressing this problem requires not just lawsuits, but also fundamental changes in how police departments are structured, incentivized, and held responsible for their actions. The public trust, severely damaged by such practices, is paramount and can only be restored through genuine reform, accountability, and a renewed focus on actual public safety rather than fabricated statistics.