The Maui News

WAILUKU — A Lahaina man was ordered to submit to continuous alcohol monitoring after being released from jail Wednesday, following his Super Bowl Sunday arrest for habitually driving under the influence of alcohol.

Bail had been set at $20,000 for Frank Kane Jr., 44, before the prosecution asked that Kane be released from jail while the state awaits laboratory test results to proceed with the case against him.

Police said Kane was arrested Sunday night when a concerned citizen called police dispatch to report a drunken driver who was swerving over the roadway, crossing into the oncoming lane and driving on the shoulder while traveling south on Maui Veterans Highway. An investigation showed Kane had been driving under the influence of liquor, police said, and he was arrested on the felony charge of habitual DUI based on his prior DUI convictions.

He also was charged with driving after his license was suspended or revoked for DUI.

In court Wednesday, Wailuku District Judge Kirstin Hamman noted that Kane’s record includes a number of prior alcohol-related contacts and convictions while operating a vehicle.

“The court is concerned about the defendant’s ability to refrain from this type of activity and is concerned for the safety of the community,” she said.

Kane previously was ordered not to drive and not to consume alcohol or illegal drugs.

As another condition of his release, Hamman on Wednesday ordered the continuous alcohol monitoring.

That involves a device, attached to a person, that is capable of capturing transdermal alcohol readings by sampling perspiration collected from the air above the skin at least every 30 minutes, according to the state Judiciary website. The device is water- and shock-resistant and can provide continuous alcohol monitoring 24 hours a day, seven days a week.

Kane was ordered to enroll in continuous alcohol monitoring by Friday. He also was ordered not to tamper with the device once it’s in place.

Kane was ordered to return to court Feb. 26 for a preliminary hearing.