in Wheeler occurred on May 31, 2007. Wheeler, 121 Hawai'i at 386-87, 219 P.3d 1170-74. Hence, for charging purposes, the law that governed was the OVUII statute as it existed in 2007. It is therefore inaccurate to say that the OVUII law post-Wheeler was any different than that existing pre-Wheeler, because the requirements set forth in Wheeler were themselves applied to a charge that dated back to 2007. Accordingly, the Walker quote is a misstatement ("essential elements that the State must include in an OVUII charge differ from those required in 2007”). 31 .This court has previously applied Wheeler retroactively in cases in which an OVUII charge lacked the public-road element without discussion of whether Wheeler announced a new rule. See Garcia, 125 Hawai'i at 443, 263 P.3d at 724 (<HOLDING>). These post-Wheeler decisions include the
holding johnson announced a new substantive rule and prior supreme court holdings make it retroactive holding that apprendi announced a rule of criminal procedure forecloses  argument that ring announced a substantive rule holding that simmons announced a new rule and retrospective application of the rule was barred by teague holding that retroactivity is assumed unless a new rule is announced holding that rule announced in mcconnell applies retroactively