Man arrested for habitual DUI ordered not to drive

He must wear an alcohol-monitoring device continuously

WAILUKU — A man who was awaiting trial for habitually driving under the influence of an intoxicant when he was arrested again for habitual DUI was ordered not to drive and to wear a device to continuously monitor alcohol in his system.

“Absolutely no driving at all, you understand?” 2nd Circuit Judge Rhonda Loo told Frank Kane Jr., 45, of Lahaina.

“Yes, ma’am,” Kane responded.

He also was ordered not to possess or consume alcohol or illegal drugs and to report for supervision and random drug testing.

The prosecution sought the requirements as part of Kane’s release on a $20,000 bail bond.

Judge Loo denied another prosecution request to increase Kane’s bail to $50,000.

He pleaded not guilty to habitual DUI and driving after his license was revoked for DUI in connection with his arrest Feb. 2, 2020.

Kane appeared by videoconference from a Kihei residence for the hearing Wednesday.

He agreed to most of the prosecution’s requests, said Deputy Public Defender Danielle Sears.

The prosecution also asked that Kane surrender license plates of vehicles in his name and provide a list of those living in his household.

“He does not have any vehicles in his name, so he can’t surrender any plates,” Sears said. “He lives alone.”

In arguing against an increase in bail, Sears said Kane would have the additional cost of having the alcohol-monitoring device installed.

She said Kane is set to be arraigned March 25 in another case stemming from his arrest Jan. 29. He was released after posting $20,000 bail in that case.

Deputy Prosecutor Sally Tobin said Kane’s latest arrest involved “virtually the same circumstances” as his arrest last year. Police said he was arrested after a concerned citizen called police dispatch to report a drunken driver. Kane’s bloodalcohol level was measured at more than twice the legal limit of 0.08 percent, police said.

Since 2002, Kane has been arrested 10 times for DUI, according to police. He has a lifetime revocation of his driver’s license, police said.

“If he had agreed to not drive when his license was revoked years ago, we wouldn’t be here,” Tobin said. “The state does not put a lot of faith in his promises to the court.”

An April 19 pretrial conference is set for Kane.