REPORT TITLE:
DUI; ADLR


DESCRIPTION:
Amends driving impaired statutes to consolidate and conform
offenses relating to operating a vehicle under the influence of
intoxicants.  Makes conforming amendments.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO USE OF INTOXICANTS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  House Concurrent Resolution No. 26, H.D. 2, S.D.
 
 2 1, entitled "Requesting the Department of Transportation to
 
 3 Review Hawaii's Impaired Driving Statutes and to Make
 
 4 Recommendations for Uniform Statutory Construction", directed the
 
 5 department of transportation to:  review Hawaii's impaired
 
 6 driving statutes to identify inconsistent statutory provisions,
 
 7 including disparate punishment provisions for similar offenses
 
 8 and provisions conferring a right to jury trial for some first-
 
 9 time impaired driving offenses but not others; and make
 
10 recommendations and draft appropriate legislation to create more
 
11 uniform and consistent impaired driving statutes.  The department
 
12 of transportation solicited input in this effort from the
 
13 governor's highway safety council impaired driving task force
 
14 (task force).  The task force is made up of over seventy-five
 
15 individuals and organizations from around the State.  Members
 
16 include representatives from the department of health, police,
 
17 prosecutors, defense bar, judiciary, administrative drivers'
 
18 license revocation office, emergency room physicians, Mothers
 
19 Against Drunk Driving, and others.  The task force's efforts have
 

 
Page 2                                                     
                                     H.B. NO.           
                                                        
                                                        

 
 1 resulted in proposed legislation that consolidates many
 
 2 provisions and provides for uniform and consistent treatment of
 
 3 impaired driving and boating offenses.
 
 4      It is the intent of the legislature to provide, where
 
 5 appropriate, uniform provisions, rights, and penalties, including
 
 6 immediate license revocation under the administrative revocation
 
 7 of license provisions for impaired driving, boating, and zero
 
 8 tolerance offenders.  In addition, it is the intent of the
 
 9 legislature that individuals who are charged, as a first-time
 
10 offender, with the offense of operating a vehicle, including a
 
11 vessel underway, under the influence of intoxicating liquor or
 
12 drugs or a combination of liquor and drugs shall not be entitled
 
13 to a jury trial.
 
14      The legislature finds that those offenders who are convicted
 
15 repeatedly of operating a vehicle, including a vessel underway,
 
16 under the influence of intoxicating liquor, drugs, or the
 
17 combined influence of liquor and drugs represent a serious social
 
18 problem.  Such individuals demonstrate they are unwilling to
 
19 modify their behavior, and as a consequence, they represent a
 
20 continuing dangerous presence on the roadways and waterways.
 
21 First-time offenders, on the other hand, represent less of a
 
22 threat to society, as the majority will respond to corrective
 
23 action.
 

 
Page 3                                                     
                                     H.B. NO.           
                                                        
                                                        

 
 1      In eliminating disparate penalty provisions, the Act, in
 
 2 effect, reduces the maximum jail time that may be imposed on
 
 3 first-time impaired offenders from that presently imposed upon
 
 4 first-time drug impaired offenders.  It is the intent of the
 
 5 legislature that this reduced jail time apply to all pending
 
 6 first offense cases involving operating a vehicle under the
 
 7 influence of intoxicants.  The legislature further intends that
 
 8 by making this reduced penalty retroactive to pending cases, it
 
 9 be made clear that such first offenders are not entitled to a
 
10 jury trial, as the offense is a "petty offense" in the
 
11 constitutional sense.
 
12      Accordingly, the purpose of this Act is to make consistent
 
13 the provisions relating to operating a vehicle under the
 
14 influence of intoxicants and to reduce the maximum jail provision
 
15 for all first-time impaired offenders so that there is no
 
16 question that, as to first-time offenders, the offense is a
 
17 "petty offense" in the constitutional sense, to which no right to
 
18 jury trial attaches.
 
19      SECTION 2.  Chapter 286, Hawaii Revised Statutes, is amended
 
20 by adding a new section to be appropriately designated and to
 
21 read as follows:
 
22      "§286-    Operating a vehicle after consuming a measurable
 
23 amount of alcohol; under the age of twenty-one.  (a)  When a law
 

 
Page 4                                                     
                                     H.B. NO.           
                                                        
                                                        

 
 1 enforcement officer has probable cause to believe that a person
 
 2 under the age of twenty-one operated or was in actual physical
 
 3 control of the operation of a vehicle with a measurable amount of
 
 4 alcohol that officer may arrest the person for purposes of
 
 5 imposing sanctions under part XIV of this chapter.
 
 6      (b)  For purposes of this section, "measurable amount of
 
 7 alcohol" means a test result equal to or greater than .02 but
 
 8 less than .08 grams of alcohol per one hundred milliliters or
 
 9 cubic centimeters of blood or equal to or greater than .02 but
 
10 less than .08 grams of alcohol per two hundred ten liters of
 
11 breath."
 
12      SECTION 3.  Section 199-3, Hawaii Revised Statutes, is
 
13 amended by amending subsection (a) to read as follows:
 
14      "(a)  The conservation and resources enforcement officers,
 
15 with respect to all state lands, including public lands, state
 
16 parks, forest reserves, forests, aquatic life and wildlife areas,
 
17 Kaho`olawe island reserve, and any other lands and waters subject
 
18 to the jurisdiction of the department of land and natural
 
19 resources, shall:
 
20      (1)  Enforce title 12, chapters 6E and 6K, and rules adopted
 
21           thereunder;
 
22      (2)  Investigate complaints, gather evidence, conduct
 
23           investigations, and conduct field observations and
 

 
Page 5                                                     
                                     H.B. NO.           
                                                        
                                                        

 
 1           inspections as required or assigned;
 
 2      (3)  Cooperate with enforcement authorities of the State,
 
 3           counties, and federal government in development of
 
 4           programs and mutual agreements for conservation and
 
 5           resources enforcement activities within the State;
 
 6      (4)  Cooperate with established search and rescue agencies
 
 7           of the counties and the federal government in
 
 8           developing plans and programs[,] and mutual aid
 
 9           agreements for search and rescue activities within the
 
10           State;
 
11      (5)  Check and verify all leases, permits, and licenses
 
12           issued by the department of land and natural resources;
 
13      (6)  Enforce the laws relating to firearms, ammunition, and
 
14           dangerous weapons contained in chapter 134;
 
15      (7)  Enforce the laws in chapter 286, part XIV, and chapter
 
16           291, relating to operating a vessel on or in the waters
 
17           of the State while impaired;
 
18     [(7)] (8)  Whether through a specifically designated marine
 
19           patrol or otherwise, enforce the rules in the areas of
 
20           boating safety, conservation, and search and rescue
 
21           relative to the control and management of boating
 
22           facilities owned or controlled by the State, ocean
 
23           waters, and navigable streams and any activities
 

 
Page 6                                                     
                                     H.B. NO.           
                                                        
                                                        

 
 1           thereon or therein, and beaches encumbered with
 
 2           easements in favor of the public, and the rules
 
 3           regulating vessels and their use in the waters of the
 
 4           State; and
 
 5     [(8)] (9)  Carry out [such] other duties and responsibilities
 
 6           as the board of land and natural resources from time to
 
 7           time may direct."
 
 8      SECTION 4.  Section 286-151, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§286-151  Implied consent of driver of [motor] vehicle [or
 
11 moped] to submit to testing to determine alcohol concentration
 
12 and drug content.(a)  Any person who operates a [motor] vehicle
 
13 [or moped on the public highways] in the State or on or in the
 
14 waters of the State shall be deemed to have given consent,
 
15 subject to this part, to a test or tests approved by the director
 
16 of health of the person's breath, blood, or urine for the purpose
 
17 of determining alcohol concentration or drug content of the
 
18 person's breath, blood, or urine, as applicable.
 
19      (b)  The test or tests shall be administered at the request
 
20 of a [police] law enforcement officer having probable cause to
 
21 believe the person [driving] operating or in actual physical
 
22 control of a [motor] vehicle [or moped upon the public highways]
 
23 in the State or on or in the waters is under the influence of
 

 
Page 7                                                     
                                     H.B. NO.           
                                                        
                                                        

 
 1 [intoxicating liquor or drugs,] intoxicants or is under the age
 
 2 of twenty-one and has a measurable amount of alcohol
 
 3 concentration, only after:
 
 4      (1)  A lawful arrest; and
 
 5      (2)  The person has been informed by a [police] law
 
 6           enforcement officer of the sanctions under part XIV
 
 7           [and sections 286-151.5 and 286-157.3.]
 
 8      (c)  If there is probable cause to believe that a person is
 
 9 in violation of section 291-4 [or section 291-4.3], as a result
 
10 of having consumed alcohol, or is under the age of twenty-one and
 
11 has consumed a measurable amount of alcohol, then the person
 
12 shall [have the option to] take a breath or blood test, [or
 
13 both,] as directed by the law enforcement officer, for the
 
14 purpose of determining the alcohol concentration.
 
15      (d)  If there is probable cause to believe that a person is
 
16 in violation of section [291-7,] 291-4, as a result of having
 
17 consumed any drug, then the person shall [have the option to]
 
18 take a blood or urine test, [or both,] as directed by the law
 
19 enforcement officer, for the purpose of determining the drug
 
20 content.  Drug content shall be measured by the presence of any
 
21 [scheduled] drug, as provided in section [291-7] 291-4, or its
 
22 metabolic products or both.  The person shall be informed by a
 
23 law enforcement officer of the sanctions [of section 286-157.3]
 

 
Page 8                                                     
                                     H.B. NO.           
                                                        
                                                        

 
 1 under part XIV for failure to take [either] the test.
 
 2      (e)  A person who chooses to submit to a breath test under
 
 3 subsection (c) also may be requested to submit to a blood or
 
 4 urine test, if the officer has probable cause to believe that the
 
 5 person was [driving] operating a vehicle under the influence of
 
 6 any drug under section [291-7] 291-4 or the combined influence of
 
 7 alcohol and drugs and the officer has probable cause to believe
 
 8 that a blood or urine test will reveal evidence of the person
 
 9 being under the influence of drugs.  The officer shall state in
 
10 the officer's report the facts upon which that belief is based.
 
11 The person shall [have the option to] take a blood or urine test,
 
12 [or both], as directed by the law enforcement officer, for the
 
13 purpose of determining the person's drug content.  Results of a
 
14 blood or urine test conducted to determine drug content also
 
15 shall be admissible for the purpose of determining the person's
 
16 alcohol [content.] concentration.  Submission to testing for
 
17 drugs under subsection (d) or this subsection shall not be a
 
18 substitute for alcohol tests requested under subsection (c).
 
19      (f)  A preliminary breath test is not a substitute for a
 
20 breath, blood, or urine test required under this section.
 
21 Analysis from a preliminary breath test shall be considered as
 
22 probable cause evidence only.
 
23      (g)  Any person tested pursuant to this section who is
 

 
Page 9                                                     
                                     H.B. NO.           
                                                        
                                                        

 
 1 convicted or has the person's license revoked pursuant to this
 
 2 section may be ordered to reimburse the county for the cost of
 
 3 any blood or urine tests, or both, conducted pursuant to this
 
 4 section.  The court shall order the person to make restitution in
 
 5 a lump sum, or in a series of prorated installments, to the
 
 6 police department or other agency incurring the expense of the
 
 7 blood or urine test, or both."
 
 8      (h)  For purposes of this section:
 
 9      "Preliminary breath testing device" means a device designed
 
10 to detect and verify the presence of alcohol or provide an
 
11 estimated value of alcohol concentration.
 
12      "Vehicle" includes a:
 
13      (1)  Motor vehicle as defined in section 286-2;
 
14      (2)  Moped as defined in section 286-2; and
 
15      (3)  Vessel  as defined in section 286-251."
 
16      SECTION 5.  Section 286-153, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§286-153  Additional tests.  The person tested may choose
 
19 any physician, registered nurse, or person licensed in a clinical
 
20 laboratory occupation under section 321-13 to withdraw blood and
 
21 also may choose any qualified person to administer a test or
 
22 tests in addition to any administered at the direction of a
 
23 [police] law enforcement officer.  The result of the test or
 

 
Page 10                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 tests may be used as provided in section [286-158.5 or] 291-5.
 
 2 The failure or inability to obtain an additional test by a person
 
 3 shall not preclude the admission of the test or tests taken at
 
 4 the direction of a [police] law enforcement officer.  Upon the
 
 5 request of the person who is tested, full information concerning
 
 6 the test or tests taken at the direction of the [police] law
 
 7 enforcement officer shall be made available to that person."
 
 8      SECTION 6.  Section 286-154, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§286-154  Consent of person incapable of refusal not
 
11 withdrawn.  The consent of a person deemed to have given the
 
12 person's consent pursuant to section 286-151 shall not be
 
13 withdrawn by reason of the person's being dead, unconscious, or
 
14 in any other state [which] that renders the person incapable of
 
15 consenting to examination, and the test may be given.  In such
 
16 event, a test of the person's blood or urine shall be
 
17 administered."
 
18      SECTION 7.  Section 286-155.5, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "[[]§286-155.5[]]  Revocation of privilege to [drive motor]
 
21 operate a vehicle [or moped] upon refusal to submit to breath
 
22 [or], blood, or urine test.  If a person under arrest refuses to
 
23 submit to a breath [or], blood, or urine test, none shall be
 

 
Page 11                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 given, except as provided in section 286-163, but the person
 
 2 shall be subject to the procedures and sanctions under part XIV."
 
 3      SECTION 8.  Section 286-159, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "§286-159  Proof of refusal; admissibility.  If a legally
 
 6 arrested person refuses to submit to a test of the person's
 
 7 breath [or], blood, or urine, evidence of refusal shall be
 
 8 admissible only in a hearing under part XIV of this chapter and
 
 9 shall not be admissible in any other action or proceeding,
 
10 whether civil or criminal."
 
11      SECTION 9.  Section 286-160, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "§286-160  Other evidence not excluded.  This part shall not
 
14 limit the introduction of any other competent evidence bearing on
 
15 the question of whether the person was under the influence of
 
16 [intoxicating liquor.] intoxicants or was under the age of
 
17 twenty-one and consumed a measurable amount of alcohol."
 
18      SECTION 10.  Section 286-162, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "§286-162  Test results to be collected.  The results of any
 
21 test for [alcohol content] intoxicants made upon any person,
 
22 including any person who has been fatally injured in a traffic
 
23 [accident] collision or [upon] the [driver] operator of a [motor]
 

 
Page 12                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 vehicle [or moped] involved in [an accident which] a collision
 
 2 that resulted in another person's death, shall be sent to the
 
 3 state director of transportation, who shall compile the data
 
 4 without revealing the identity of any individual tested. This
 
 5 data shall be available only to the state and county highway
 
 6 safety councils and to other agencies the director of
 
 7 transportation deems necessary and advisable."
 
 8      SECTION 11.  Section 286-162.5, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§286-162.5  Authorization to establish [intoxication and
 
11 drug control] intoxicant roadblock programs.  The police
 
12 departments of the respective counties are authorized to
 
13 establish and implement [intoxication and drug] intoxicant
 
14 control roadblock programs in accordance with the minimum
 
15 standards and guidelines provided in section 286-162.6.  The
 
16 chief of police in any county establishing an [intoxication and
 
17 drug] intoxicant control roadblock program pursuant to this
 
18 section shall specify the procedures to be followed in carrying
 
19 out the program in rules adopted under chapter 91; provided that
 
20 the procedures shall be in conformity with and not more intrusive
 
21 than the standards and guidelines described in section
 
22 286-162.6."
 
23      SECTION 12.  Section 286-162.6, Hawaii Revised Statutes, is
 

 
Page 13                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 amended by amending subsection (a) to read as follows:
 
 2      "(a)  Every [intoxication and drug] intoxicant control
 
 3 roadblock program shall:
 
 4      (1)  Require [either] that all [motor] vehicles[, or mopeds,
 
 5           or both,] approaching roadblocks be stopped, or that
 
 6           certain [motor] vehicles[, or mopeds, or both,] be
 
 7           stopped by selecting [motor] vehicles[, or mopeds, or
 
 8           both,] in a specified numerical sequence or pattern.
 
 9      (2)  Require that roadblocks be located at fixed locations
 
10           for a maximum three-hour period.
 
11      (3)  Provide for the following minimum safety precautions at
 
12           every roadblock:
 
13           (A)  Proper illumination;
 
14           (B)  Off-road or otherwise safe and secure holding
 
15                areas for [motor] vehicles[, or mopeds, or both,]
 
16                involved in any roadblock stop;
 
17           (C)  Uniformed police officers carrying proper
 
18                identification;
 
19           (D)  Adequate advance warning of the fact and purpose
 
20                of the roadblocks, either by sign posts, flares,
 
21                or other alternative methods; and
 
22           (E)  Termination of roadblocks at the discretion of the
 
23                police officer in charge where traffic congestion
 

 
Page 14                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1                would otherwise result.
 
 2      (4)  Provide for a sufficient quantity and visibility of
 
 3           uniformed officers and official vehicles to [assure]
 
 4           ensure speedy compliance with the purpose of the
 
 5           roadblocks and to move traffic with a minimum of
 
 6           inconvenience."
 
 7      SECTION 13.  Section 286-163, Hawaii Revised Statutes, is
 
 8 amended by amending subsections (a), (b), (c), and (d), to read
 
 9 as follows:
 
10      "(a)  Nothing in this part shall be construed to prevent
 
11 [the police] a law enforcement officer from obtaining a sample of
 
12 breath, blood, or urine [as evidence of intoxication or influence
 
13 of drugs], from the [driver] operator of any vehicle involved in
 
14 a collision resulting in injury to or the death of any person[.],
 
15 as evidence that the operator was under the influence of an
 
16 intoxicant.
 
17      (b)  If a health care provider who is providing medical care
 
18 in a health care facility to any person involved in a [motor]
 
19 vehicle [accident,] collision becomes aware, as a result of any
 
20 blood or urine test performed in the course of medical treatment,
 
21 that the alcohol content in the person's blood meets or exceeds
 
22 the amount specified in section 291-4, or the persons's blood or
 
23 urine contains drugs as specified in section 291-4, and has a
 

 
Page 15                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 reasonable belief that the person was the [driver] operator of a
 
 2 [motor] vehicle involved in the [accident,] collision, the health
 
 3 care provider shall notify, as soon as reasonably possible, any
 
 4 law enforcement officer present at the health care facility to
 
 5 investigate the [accident] collision or, if no such officer is
 
 6 present, the county police department in the county where the
 
 7 [accident] collision occurred.  Where the health care provider is
 
 8 aware of any blood or urine test result as provided in the
 
 9 preceding sentence, but lacks information to form a reasonable
 
10 belief as to the identity of the [driver] operator involved in a
 
11 [motor] vehicle [accident,] collision, then the health care
 
12 provider shall give notice as provided in the preceding sentence
 
13 for all persons involved in a [motor] vehicle [accident]
 
14 collision whose alcohol content in the person's blood meets or
 
15 exceeds the amount specified in section 291-4[.] or whose blood
 
16 or urine contains drugs as specified in section 291-4.  The
 
17 notice by the health care provider shall consist of the name of
 
18 the person being treated, the blood alcohol level or drug content
 
19 disclosed by the test, and the date and time of the
 
20 administration of the test.  Such notice shall be deemed to
 
21 satisfy the [intoxication] intoxicant element necessary to
 
22 establish the probable cause requirement set forth in subsection
 
23 (c).
 

 
Page 16                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1      (c)  In the event of a collision resulting in injury or
 
 2 death, and the [police] law enforcement officer have probable
 
 3 cause to believe that a person involved in the incident has
 
 4 committed a violation of section 707-702.5, 707-703, 707-704,
 
 5 707-705, 707-706, or 291-4, [or 291-7,] the [police] law
 
 6 enforcement officer shall request that a sample of blood or urine
 
 7 be recovered from the [driver] operator or any other person
 
 8 suspected of committing a violation of section 707-702.5,
 
 9 707-703, 707-704, 707-705, 707-706, or 291-4[, or 291-7].  
 
10      (d)  The [police] law enforcement officer shall make the
 
11 request under subsection (c) to the hospital or medical facility
 
12 treating the person from whom the [police request that the] blood
 
13 or urine is to be recovered.  Upon the request of the [police]
 
14 law enforcement officer that blood or urine be recovered pursuant
 
15 to this section, and except where the responsible attending
 
16 personnel at the hospital or medical facility determines in good
 
17 faith that recovering or attempting to recover blood or urine
 
18 from the person represents an imminent threat to the health of
 
19 the medical personnel or others, the hospital or medical facility
 
20 shall provide the [police] law enforcement officer with the blood
 
21 or urine sample requested, recover the sample in compliance with
 
22 section 321-161, and assign a person authorized under section
 
23 286-152 to withdraw the blood sample or obtain the urine."
 

 
Page 17                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 14.  Section 286-251, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§286-251  Definitions.  As used in this part, unless the
 
 4 context otherwise requires:
 
 5      "Administrative revocation" means termination of the
 
 6 arrestee's license and privilege to operate a vessel underway on
 
 7 or in the waters of the State pursuant to this part and does not
 
 8 include any revocation imposed under section 291-4 [or 291-4.4].
 
 9      "Alcohol" means the product of distillation of any fermented
 
10 liquid, regardless of whether rectified, whatever may be the
 
11 origin thereof, and includes ethyl alcohol, lower aliphatic
 
12 alcohol, and phenol as well as synthetic ethyl alcohol, but not
 
13 denatured or other alcohol that is considered not potable under
 
14 the customs laws of the United States.
 
15      "Alcohol concentration" means either grams of alcohol per
 
16 one hundred milliliters or cubic centimeters of blood or grams of
 
17 alcohol per two hundred ten liters of breath.
 
18      "Alcohol enforcement contact" means:  any administrative
 
19 revocation ordered pursuant to this part; any driver's license
 
20 suspension or revocation or any suspension or revocation or a
 
21 privilege to operate a vessel underway imposed by this or any
 
22 other state or federal jurisdiction for refusing to submit to a
 
23 test for alcohol concentration [in the person's blood]; or any
 

 
Page 18                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 conviction in this or any other state or federal jurisdiction for
 
 2 [driving,] operating[,] or being in physical control of a [motor]
 
 3 vehicle while having an unlawful [concentration of alcohol in the
 
 4 blood,] alcohol concentration, or while under the influence of
 
 5 alcohol.
 
 6      "Arrestee" means a person arrested for violation of section
 
 7 291-4 or [291-4.4] 286-    and, for purposes of this part, also
 
 8 refers to a person from whom a blood or urine sample has been
 
 9 [drawn] collected pursuant to section 286-163, because there was
 
10 probable cause to believe that the person has violated section
 
11 291-4.
 
12      "Certified substance abuse counselor" means any person
 
13 certified by the department of health pursuant to section
 
14 321-193(10)[,] or any other substance abuse specialist or medical
 
15 practitioner the director of health may appoint to carry out the
 
16 functions of a certified substance abuse counselor under this
 
17 part.
 
18      "Director" means the administrative director of the courts
 
19 or any other person within the judiciary appointed by the
 
20 director to conduct administrative reviews or hearings or carry
 
21 out other functions relating to administrative revocation under
 
22 this part.
 
23      "Drug" means any controlled substance as defined and
 

 
Page 19                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 enumerated on schedules I through IV of chapter 329.
 
 2      "Drug enforcement contact" means:  any administrative
 
 3 revocation ordered pursuant to this part; any driver's license
 
 4 suspension or revocation or any suspension or revocation of a
 
 5 privilege to operate a vessel underway imposed by this or any
 
 6 other state or federal jurisdiction for refusing to submit to a
 
 7 test for drug concentration in the person's blood or urine; or
 
 8 any conviction in this or any other state or federal jurisdiction
 
 9 for operating or being in physical control of a vehicle while
 
10 having an unlawful drug content in the blood or urine, or while
 
11 under the influence of drugs.
 
12      "Impair" means to weaken, to lessen in power, to diminish,
 
13 to damage, or to make worse by diminishing in some material
 
14 respect or otherwise affecting in an injurious manner.
 
15      "Intoxicant" means any drug, alcohol, or any combination
 
16 thereof that impairs the person's normal faculties or ability to
 
17 care for the person and guard against casualty.
 
18      "Law enforcement officer" includes a police officer or
 
19 conservation and resources enforcement officer as defined in
 
20 chapter 199-3.
 
21      "License" means any driver's license or any other license or
 
22 permit to operate a [motor] vehicle issued under, or granted by,
 
23 the laws of this State and includes:
 

 
Page 20                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1      (1)  Any learner's permit or instruction permit;
 
 2      (2)  The privilege of any person to [drive] operate a
 
 3           [motor] vehicle regardless of whether the person holds
 
 4           a valid license;
 
 5      (3)  Any nonresident's operating privilege; and
 
 6      (4)  The eligibility, including future eligibility, of any
 
 7           person to apply for the privilege to [drive] operate a
 
 8           [motor] vehicle.
 
 9      "Measurable amount of alcohol" means a test result equal to
 
10 or greater than .02 but less than .08 grams of alcohol per one
 
11 hundred milliliters or cubic centimeters of blood or equal to or
 
12 greater than .02 but less than .08 grams of alcohol per two
 
13 hundred ten liters of breath.
 
14      ["Motor vehicle" has the same meaning as in section 286-2,
 
15 except that it specifically includes a "moped" as defined in that
 
16 section.]
 
17      "Nonresident's operating privilege" means the privilege
 
18 conferred by law upon a nonresident to operate a [motor] vehicle
 
19 in this State.
 
20      "Notice of administrative revocation" or "notice" means the
 
21 written notice issued to the arrestee by the arresting officer
 
22 pursuant to this part.
 
23      "Operate" means to drive or assume actual physical control
 

 
Page 21                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 of a vehicle in the State or to navigate or otherwise use a
 
 2 vessel on or in the waters of the State.
 
 3      "Operator" means a person who drives or assumes actual
 
 4 physical control of a vehicle or a person who operates, or who
 
 5 has charge of the navigation or use of, a vessel.
 
 6      "State" means:  any state of the United States; the District
 
 7 of Columbia; the Commonwealth of Puerto Rico; the United States
 
 8 Virgin Islands; American Samoa; Guam; any province of the
 
 9 Dominion of Canada; and the Commonwealth of the Northern Mariana
 
10 Islands, except when the word, in context, clearly refers to the
 
11 State of Hawaii.
 
12      "Temporary permit" means that portion of the notice of
 
13 administrative revocation which, when completed by the arresting
 
14 officer, permits the arrestee to [drive] operate a vehicle for
 
15 thirty days in the case of an alcohol related offense and forty-
 
16 four days in the case of a drug related offense or until such
 
17 time as the director may establish under this part.
 
18      "Under the influence" means that a person is under the
 
19 influence of alcohol, drugs, or a combination of alcohol and
 
20 drugs, as provided in section 291-4, to the extent that the
 
21 person's normal faculties or ability to care for the person and
 
22 guard against casualty is impaired.
 
23      "Underway" means that a vessel is not at anchor, made fast
 

 
Page 22                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 to the shore, or aground.
 
 2      "Vehicle" includes a:
 
 3      (1)  Motor vehicle as defined in section 286-2;
 
 4      (2)  Moped as defined in section 286-2; and
 
 5      (3)  Vessel.
 
 6      "Vessel" means all description of watercraft, used or
 
 7 capable of being used as a means of transportation on or in the
 
 8 water, except a seaplane.
 
 9      Waters of the State" means any waters within the
 
10 jurisdiction of the State, the marginal seas adjacent to the
 
11 State, and the high seas when navigated as part of a journey or
 
12 ride to or from the shore of the State."
 
13      SECTION 15.  Section 286-252, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§286-252  Notice of administrative revocation; effect.  As
 
16 used in this part, the notice of administrative revocation:
 
17      (1)  Establishes that the arrestee's [driving] license and
 
18           privilege to operate a vehicle in this State shall be
 
19           terminated thirty days after the date of arrest in the
 
20           case of an alcohol related offense and forty-five days
 
21           after the date of arrest in the case of a drug related
 
22           offense or an offense involving the combined use of
 
23           alcohol and drugs or such later date as is established
 

 
Page 23                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1           by the director under section 286-259 if the director
 
 2           administratively revokes the arrestee's license;
 
 3      (2)  Establishes the date on which administrative revocation
 
 4           proceedings against the arrestee were initiated; and
 
 5      (3)  Serves as a temporary permit to [drive] operate a
 
 6           vehicle as provided in section 286-255."
 
 7      SECTION 16.  Section 286-253, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (b) to read as follows:
 
 9      "(b)  When a person's license and privilege to operate a
 
10 vehicle is revoked under this part and the person also is
 
11 convicted of an offense under section 291-4 [or 291-4.4] arising
 
12 out of the same occurrence, the total period of revocation [or
 
13 suspension] imposed in the two proceedings shall not exceed the
 
14 longer period of revocation [or suspension] imposed in either
 
15 proceeding. If the person is convicted under section 291-4 [or
 
16 291-4.4] prior to completion of administrative proceedings, the
 
17 person shall surrender the temporary permit issued under this
 
18 part at the time of entry of a plea of guilty or no contest,
 
19 entry of a verdict of guilty, or of sentencing, whichever occurs
 
20 first."
 
21      SECTION 17.  Section 286-254, Hawaii Revised Statutes, is
 
22 amended by amending subsections (b), (c), (d), (e), and (f) to
 
23 read as follows:
 

 
Page 24                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1      "(b)  The notice, when completed by the arresting officer
 
 2 and issued to the arrestee, shall contain at a minimum the
 
 3 following information relating to the arrest:
 
 4      (1)  Information identifying the arrestee;
 
 5      (2)  The specific violation for which the person was
 
 6           arrested;
 
 7      (3)  The date issued and the date the administrative
 
 8           revocation is scheduled to go into effect;
 
 9      (4)  That the arrestee was informed of the sanctions of this
 
10           part and of the consequences of refusing to be tested
 
11           for alcohol content of the blood or drug content in the
 
12           blood or urine and whether or not the arrestee
 
13           consented to be tested;
 
14      (5)  The expiration date of the temporary permit; and
 
15      (6)  That the arrest will be administratively reviewed.
 
16      (c)  The notice shall provide, at a minimum, the following
 
17 information relating to the administrative review:
 
18      (1)  That the review is automatic;
 
19      (2)  That the arrestee [may], within three days of the
 
20           arrest[,] in the case of an alcohol related offense and
 
21           within seventeen days of the arrest in the case of a
 
22           drug related offense or an offense involving the
 
23           combined use of alcohol and drugs, may submit written
 

 
Page 25                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1           information demonstrating why the arrestee's license
 
 2           and privilege to operate a vehicle should not be
 
 3           administratively revoked;
 
 4      (3)  The address or location where the arrestee may submit
 
 5           the information;
 
 6      (4)  That the arrestee is not entitled to be present or
 
 7           represented at the review; and
 
 8      (5)  That the review decision shall be mailed to the
 
 9           arrestee no later than eight days after the date of the
 
10           arrest[.] in the case of an alcohol related offense and
 
11           no later than twenty-two days after the date of the
 
12           arrest in the case of a drug related offense or an
 
13           offense involving the combined use of alcohol and
 
14           drugs.
 
15      (d)  The notice shall state that, if the arrestee's license
 
16 and privilege to operate a vehicle is not administratively
 
17 revoked after the review, the arrestee's license shall be
 
18 returned along with a certified statement that the administrative
 
19 revocation proceedings have been terminated.
 
20      (e)  The notice shall state that, if the arrestee's license
 
21 [is] and privilege to operate a vehicle are administratively
 
22 revoked after the review, a decision shall be mailed to the
 
23 arrestee [containing], or to the parent or guardian of the
 

 
Page 26                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 arrestee if the arrestee is under the age of eighteen, and shall
 
 2 contain, at a minimum, the following information:
 
 3      (1)  The reasons why the arrestee's license [was] and
 
 4           privilege to operate a vehicle were administratively
 
 5           revoked;
 
 6      (2)  That the arrestee may request the director, within six
 
 7           days of the date the decision is mailed, to schedule an
 
 8           administrative hearing to review the administrative
 
 9           revocation;
 
10      (3)  That if the arrestee requests an administrative hearing
 
11           within six days, the hearing shall be scheduled to
 
12           commence no later than twenty-five days after the date
 
13           of arrest[;] in the case of an alcohol related offense
 
14           and no later than thirty-nine days after the date of
 
15           arrest in the case of a drug related offense or an
 
16           offense involving the combined use of alcohol and
 
17           drugs;
 
18      (4)  The procedure to request an administrative hearing;
 
19      (5)  That failure to request an administrative hearing
 
20           within the time provided shall cause the administrative
 
21           revocation to take effect for the period and under the
 
22           conditions established by the director in the decision;
 
23      (6)  That the arrestee may regain the right to a hearing by
 

 
Page 27                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1           requesting the director, within sixty days after the
 
 2           arrest, to schedule a hearing;
 
 3      (7)  That the director shall schedule the hearing to
 
 4           commence no later than thirty days after the request is
 
 5           made, but that the temporary permit shall not, in any
 
 6           event, be extended if the arrestee fails to request an
 
 7           administrative hearing within the initial six-day
 
 8           period provided for that purpose;
 
 9      (8)  That failure to attend the hearing shall cause the
 
10           administrative revocation to take effect for the period
 
11           and under the conditions indicated; and
 
12      (9)  The duration of the administrative revocation and
 
13           other conditions [which] that may be imposed[,]
 
14           including: alcohol or drug counseling, or both; alcohol
 
15           or drug treatment, or both; and installation of an
 
16           ignition interlock system.
 
17      (f)  The notice shall provide, at a minimum, the following
 
18 information relating to administrative hearings:
 
19      (1)  That the arrestee shall have six days from the date the
 
20           review decision was mailed to request that an
 
21           administrative hearing be scheduled;
 
22      (2)  That a request for an administrative hearing shall
 
23           entitle the arrestee to review and copy all documents
 

 
Page 28                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1           considered at the review, including the arrest report
 
 2           and the sworn statements, prior to the hearing;
 
 3      (3)  That the arrestee may be represented by an attorney,
 
 4           submit evidence, give testimony, and present and cross-
 
 5           examine witnesses; [and]
 
 6      (4)  That, in cases where the arrestee is under the age of
 
 7           eighteen, a parent or guardian must be present; and
 
 8     [(4)] (5)  That a written decision shall be mailed no later
 
 9           than five days after completion of the hearing."
 
10      SECTION 18.  Section 286-254, Hawaii Revised Statutes, is
 
11 amended by amending subsections (h) and (i) to read as follows:
 
12      "(h)  The notice shall state that, if the administrative
 
13 revocation is sustained at the hearing, a decision shall be
 
14 mailed to the arrestee [containing], or to the parent or guardian
 
15 of the arrestee if the arrestee is under the age of eighteen, and
 
16 shall contain, at a minimum, the following information:
 
17      (1)  The effective date of the administrative revocation;
 
18      (2)  The duration of the administrative revocation;
 
19      (3)  Other conditions [which] that may be imposed by law;
 
20           and
 
21      (4)  The right to obtain judicial review.
 
22      (i)  The notice shall state that failure of the arrestee,
 
23 and of the parent or guardian of the arrestee if the arrestee is
 

 
Page 29                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 under the age of eighteen, to attend a scheduled hearing[,] shall
 
 2 cause the administrative revocation to take effect as provided in
 
 3 the administrative review decision."
 
 4      SECTION 19.  Section 286-255, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "§286-255  Arrest; procedures.(a)  Whenever a person is
 
 7 arrested for a violation of section 291-4 or [291-4.4,] 286-   
 
 8 on a determination by the arresting officer that:
 
 9      (1)  There was reasonable suspicion to stop the [motor]
 
10           vehicle, or that the [motor] vehicle was stopped at an
 
11           [intoxication and drug] intoxicant control roadblock
 
12           established and operated in compliance with sections
 
13           286-162.5 and 286-162.6; and
 
14      (2)  There was probable cause to believe that the arrestee
 
15           was [driving,] operating[,] or in actual physical
 
16           control of the [motor] vehicle while under the
 
17           influence of [intoxicating liquor;] an intoxicant or
 
18           was under the age of twenty-one and consumed a
 
19           measurable amount of alcohol;
 
20 the arresting officer immediately shall take possession of any
 
21 license held by the person and request the arrestee to take a
 
22 test for concentration of alcohol in the blood[.], in the case of
 
23 an alcohol related offense, or a test for drug content in the
 

 
Page 30                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 blood or urine, in the case of a drug related offense.  The
 
 2 arresting officer shall inform the person that, in the case of an
 
 3 alcohol related offense, the person [has the option to] shall
 
 4 take a breath test[,] or a blood test, [or both.] as directed by
 
 5 the law enforcement officer pursuant to section 286-151.  In the
 
 6 case of a drug related offense, the person shall take a blood
 
 7 test or a urine test, as directed by the law enforcement officer
 
 8 pursuant to section 286-151.  The arresting officer also shall
 
 9 inform the person of the sanctions under this part, including the
 
10 sanction for refusing to take a breath [or a], blood, or urine
 
11 test.  Thereafter, the arresting officer shall complete and issue
 
12 to the arrestee a notice of administrative revocation and shall
 
13 indicate thereon whether the notice shall serve as a temporary
 
14 permit.  The notice shall serve as a temporary permit, unless, at
 
15 the time of arrest, the arrestee was unlicensed, the arrestee's
 
16 license and privilege to operate a vehicle was revoked or
 
17 suspended, or the arrestee had no license in the arrestee's
 
18 possession.
 
19      (b)  Whenever the [police determine] law enforcement officer
 
20 determines that, as the result of a blood or urine test performed
 
21 pursuant to section 286-163(b) and (c), there is probable cause
 
22 to believe that a person being treated in a hospital or medical
 
23 facility has violated section 291-4, the [police] law enforcement
 

 
Page 31                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 officer shall complete and issue to the person a notice of
 
 2 administrative revocation and shall indicate thereon whether the
 
 3 notice shall serve as a temporary permit.  The notice shall serve
 
 4 as a temporary permit unless, at the time the notice was issued,
 
 5 the person was unlicensed, the person's license and privilege to
 
 6 operate a vehicle was revoked or suspended, or the person had no
 
 7 license in the person's possession."
 
 8      SECTION 20.  Section 286-256, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§286-256  Immediate restoration of license.  [If] (a)  In
 
11 cases involving an alcohol related offense, if a test conducted
 
12 in accordance with part VII and section 321-161 and the rules
 
13 adopted thereunder shows that [the arrestee's] an arrestee:
 
14      (1)  Twenty-one years or older at the time of the arrest,
 
15           had an alcohol concentration [was] less than .08[,]; or
 
16      (2)  Under the age of twenty-one years, had an alcohol
 
17           concentration less than .02,
 
18 the director or the arresting agency shall immediately return the
 
19 arrestee's license along with a certified statement that
 
20 administrative revocation proceedings have been terminated with
 
21 prejudice.
 
22      (b)  In cases involving a drug related offense or an offense
 
23 involving the combined influence of alcohol and drugs, if a test
 

 
Page 32                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 conducted in accordance with part VII and section 321-161 and the
 
 2 rules adopted thereunder shows no drug content in the arrestee's
 
 3 blood or urine, the director or the arresting agency shall
 
 4 immediately return the arrestee's license along with a certified
 
 5 statement that administrative revocation proceedings have been
 
 6 terminated with prejudice."
 
 7      SECTION 21.  Section 286-257, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§286-257  Sworn statements of law enforcement officials.
 
10 (a)  Whenever a person[:] is arrested for a violation of section
 
11 291-4 or [291-4.4] 286-    and submits to a test that establishes
 
12 [that]:  the arrestee's alcohol concentration was .08 or more; a
 
13 drug content in the arrestee's blood or urine; or an arrestee,
 
14 under the age of twenty-one, has consumed a measurable amount of
 
15 alcohol; or whenever a person has been involved in a collision
 
16 resulting in injury or death and a blood or urine test performed
 
17 pursuant to section 286-163 establishes that the person's alcohol
 
18 concentration was .08 or more[,] or establishes the person's drug
 
19 content, the following shall be immediately forwarded to the
 
20 director:
 
21      (1)  A copy of the arrest report or the report of the
 
22           officer who issued the notice of administrative
 
23           revocation to the person involved in a collision
 

 
Page 33                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1           resulting in injury or death and the sworn statement of
 
 2           the arresting officer or the officer who issued the
 
 3           notice of administrative revocation, stating facts that
 
 4           establish that:
 
 5           (A)  There was reasonable suspicion to stop the [motor]
 
 6                vehicle, the [motor] vehicle was stopped at an
 
 7                [intoxication and drug] intoxicant control
 
 8                roadblock established and operated in compliance
 
 9                with sections 286-162.5 and 286-162.6, or the
 
10                person was tested pursuant to section 286-163;
 
11           (B)  There was probable cause to believe that the
 
12                arrestee had been [driving,] operating[,] or in
 
13                actual physical control of the [motor] vehicle
 
14                while under the influence of [intoxicating
 
15                liquor;] intoxicants or was under the age of
 
16                twenty-one and consumed a measurable amount of
 
17                alcohol;
 
18           (C)  The arrestee was informed of the sanctions of this
 
19                part, that criminal charges may be filed, and the
 
20                consequences of refusing to be tested for alcohol
 
21                concentration[;] or drug content; and
 
22           (D)  The arrestee agreed to be tested or the person was
 
23                tested pursuant to section 286-163;
 

 
Page 34                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1      (2)  [The] In a case involving an alcohol related offense,
 
 2           the sworn statement of the person responsible for
 
 3           maintenance of the testing equipment, stating facts
 
 4           that establish that, pursuant to section 321-161 and
 
 5           rules adopted thereunder:
 
 6           (A)  The equipment used to conduct the test was
 
 7                approved for use as an alcohol testing device in
 
 8                this State;
 
 9           (B)  The person had been trained and at the time the
 
10                test was conducted was certified and capable of
 
11                maintaining the testing equipment; and
 
12           (C)  The testing equipment used had been properly
 
13                maintained and was in good working condition when
 
14                the test was conducted;
 
15      (3)  [The] In a case involving an alcohol related offense,
 
16           the sworn statement of the person who conducted the
 
17           test, stating facts that establish that, pursuant to
 
18           section 321-161 and rules adopted thereunder:
 
19           (A)  The person was trained and at the time the test
 
20                was conducted was certified and capable of
 
21                operating the testing equipment;
 
22           (B)  The person followed the procedures established for
 
23                conducting the test;
 

 
Page 35                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1           (C)  The equipment used to conduct the test functioned
 
 2                in accordance with operating procedures and
 
 3                indicated that the person's alcohol concentration
 
 4                was at, or above, the prohibited level; and
 
 5           (D)  The person whose breath or blood was tested was
 
 6                the person arrested;
 
 7      (4)  In a case involving a drug related offense, the sworn
 
 8           statement of the person responsible for maintenance of
 
 9           the testing equipment, stating facts that establish
 
10           that, pursuant to section 321-161 and rules adopted
 
11           thereunder:
 
12           (A)  The equipment used to conduct the test was
 
13                approved for use in drug testing;
 
14           (B)  The person conducting the test had been trained
 
15                and at the time of the test was certified and
 
16                capable of maintaining the testing equipment; and
 
17           (C)  The testing equipment used had been properly
 
18                maintained and was in good working condition when
 
19                the test was conducted;
 
20      (5)  In a case involving an drug related offense, the sworn
 
21           statement of the person who conducted the test, stating
 
22           facts that establish that, pursuant to section 321-161
 
23           and rules adopted thereunder:
 

 
Page 36                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1           (A)  At the time the test was conducted, the person was
 
 2                trained and capable of operating the testing
 
 3                equipment;
 
 4           (B)  The person followed the procedures established for
 
 5                conducting the test;
 
 6           (C)  The equipment used to conduct the test functioned
 
 7                in accordance with operating procedures and
 
 8                indicated the presence of any drugs or their
 
 9                metabolites in the person's blood or urine; and
 
10           (D)  The person whose blood or urine was tested was the
 
11                person arrested;
 
12     [(4)] (6)  A copy of the notice of administrative revocation
 
13           issued to the arrestee;
 
14     [(5)] (7)  Any driver's license taken into possession by the
 
15           arresting officer; and
 
16     [(6)] (8)  A listing of any prior alcohol or drug enforcement
 
17           contacts involving the arrestee.
 
18      (b)  Whenever a person is arrested for a violation of
 
19 section 291-4 or [291-4.4] 286-    and refuses to submit to a
 
20 test to determine alcohol concentration or drug content in the
 
21 blood[,] or urine, the following shall be immediately forwarded
 
22 to the director:
 
23      (1)  A copy of the arrest report and the sworn statement of
 

 
Page 37                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1           the arresting officer, stating facts that establish
 
 2           that:
 
 3           (A)  There was reasonable suspicion to stop the [motor]
 
 4                vehicle or the [motor] vehicle was stopped at an
 
 5                [intoxication] intoxicant control roadblock
 
 6                established and operated in compliance with
 
 7                sections 286-162.5 and 286-162.6;
 
 8           (B)  There was probable cause to believe that the
 
 9                arrestee had been [driving,] operating[,] or in
 
10                actual physical control of the [motor] vehicle
 
11                while under the influence of [intoxicating
 
12                liquor;] intoxicants or was under the age of
 
13                twenty-one and consumed a measurable amount of
 
14                alcohol;
 
15           (C)  The arrestee was informed of the sanctions of this
 
16                part, the possibility that criminal charges may be
 
17                filed, and the probable consequences of refusing
 
18                to be tested for concentration of alcohol [in the
 
19                blood;] or drug content in the blood or urine; and
 
20           (D)  The arrestee refused to be tested;
 
21      (2)  A copy of the notice of administrative revocation and
 
22           the temporary permit issued to the arrestee;
 
23      (3)  Any driver's license taken into possession; and
 

 
Page 38                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1      (4)  A listing of all alcohol and drug enforcement contacts
 
 2           involving the arrestee."
 
 3      SECTION 22.  Section 286-258, Hawaii Revised Statutes, is
 
 4 amended by amending subsections (a), (b), (c), and (d) to read as
 
 5 follows:
 
 6      "(a)  The director shall automatically review the issuance
 
 7 of a notice of administrative revocation, and a written decision
 
 8 administratively revoking the license and privilege to operate a
 
 9 vehicle or rescinding the notice of administrative revocation
 
10 shall be mailed to the arrestee, or to the parent or guardian of
 
11 the arrestee if the arrestee is under the age of eighteen, no
 
12 later than eight days after the date the notice was issued[.] in
 
13 a case involving an alcohol related offense, or twenty-two days
 
14 in a case involving an drug related offense or an offense
 
15 involving the combined use of alcohol and drugs.
 
16      (b)  The arrestee shall have the opportunity to demonstrate
 
17 in writing why the arrestee's license and privilege to operate a
 
18 vehicle should not be administratively revoked and shall submit
 
19 any written information within three days of the notice, either
 
20 by mail or in person, to the director's office or to any office
 
21 or address designated by the director for that purpose.
 
22      (c)  In conducting the administrative review, the director
 
23 shall consider:
 

 
Page 39                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1      (1)  Any sworn or unsworn statement or other evidence
 
 2           provided by the arrestee;
 
 3      (2)  The breath [or], blood, or urine test results, if any;
 
 4           and
 
 5      (3)  The sworn statements of the law enforcement
 
 6           officials[,] and other evidence or information required
 
 7           by section 286-257.
 
 8      (d)  The director shall administratively revoke the
 
 9 arrestee's driver's license and privilege to operate a vehicle if
 
10 the director determines that:
 
11      (1)  There existed reasonable suspicion to stop the [motor]
 
12           vehicle, the [motor] vehicle was stopped at an
 
13           [intoxication and drug] intoxicant control roadblock
 
14           established and operated in compliance with sections
 
15           286-162.5 and 286-162.6, or the person was tested
 
16           pursuant to section 286-163;
 
17      (2)  There existed probable cause to believe that the
 
18           arrestee [drove,] operated[,] or was in actual physical
 
19           control of the [motor] vehicle while under the
 
20           influence of [intoxicating liquor;] intoxicants or was
 
21           under the age of twenty-one and consumed a measurable
 
22           amount of alcohol; and
 
23      (3)  The evidence proves by a preponderance that the
 

 
Page 40                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1           arrestee [drove,] operated[,] or was in actual physical
 
 2           control of the [motor] vehicle [while under the
 
 3           influence of intoxicating liquor or while having]:
 
 4           with an alcohol concentration of .08 or more; or with a
 
 5           drug content as evidenced by a blood or urine test; or
 
 6           was under the age of twenty-one and consumed a
 
 7           measurable amount of alcohol; or that the arrestee
 
 8           refused to submit to a breath [or], blood, or urine
 
 9           test after being informed of the sanctions of this
 
10           part."
 
11      SECTION 23.  Section 286-258, Hawaii Revised Statutes, is
 
12 amended by amending subsection (f) to read as follows:
 
13      "(f)  If the director administratively revokes the
 
14 arrestee's driver's license[,] and privilege to operate a
 
15 vehicle, the director shall mail to the arrestee, or to the
 
16 parent or guardian of the arrestee if the arrestee is under the
 
17 age of eighteen, a written decision stating the reasons for the
 
18 administrative revocation.  The decision shall also indicate that
 
19 the arrestee has six days from the date the decision is mailed to
 
20 request an administrative hearing to review the director's
 
21 decision.  The decision shall also explain the procedure by which
 
22 to request an administrative hearing[,] and shall be accompanied
 
23 by a form, postage prepaid, which the arrestee may fill out and
 

 
Page 41                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 mail in order to request an administrative hearing.  The decision
 
 2 shall also inform the arrestee of the right to review and copy
 
 3 all documents considered at the review, including the arrest
 
 4 report and the sworn statements of the law enforcement officials,
 
 5 prior to the hearing.  Further, the decision shall state that the
 
 6 arrestee may be represented by counsel at the hearing, submit
 
 7 evidence, give testimony, and present and cross-examine
 
 8 witnesses, including the arresting officer."
 
 9      SECTION 24.  Section 286-259, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§286-259  Administrative hearing.(a)  If the director
 
12 administratively revokes the arrestee's license and privilege to
 
13 operate a vehicle after administrative review, the arrestee may
 
14 request an administrative hearing to review the decision within
 
15 six days of the date the administrative review decision is
 
16 mailed.  The hearing shall be scheduled to commence no later than
 
17 twenty-five days from the date the notice of administrative
 
18 revocation was issued[.] in a case involving an alcohol related
 
19 offense, or thirty-nine days in a case involving an drug related
 
20 offense or an offense involving the combined use of alcohol and
 
21 drugs.  The director may continue the hearing only as provided in
 
22 subsection (j).
 
23      (b)  The hearing shall be held at a place designated by the
 

 
Page 42                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 director, as close to the location of the arrest as practical.
 
 2      (c)  The arrestee may be represented by counsel[.] and, if
 
 3 the arrestee is under the age of eighteen, must be accompanied by
 
 4 a parent or guardian.
 
 5      (d)  The director shall conduct the hearing and have
 
 6 authority to:
 
 7      (1)  Administer oaths and affirmations;
 
 8      (2)  Examine witnesses and take testimony;
 
 9      (3)  Receive and determine the relevance of evidence;
 
10      (4)  Issue subpoenas, take depositions, or cause depositions
 
11           or interrogatories to be taken;
 
12      (5)  Regulate the course and conduct of the hearing; and
 
13      (6)  Make a final ruling.
 
14      (e)  The director shall affirm the administrative revocation
 
15 only if the director determines that:
 
16      (1)  There existed reasonable suspicion to stop the [motor]
 
17           vehicle, the [motor] vehicle was stopped at an
 
18           [intoxication and drug] intoxicant control roadblock
 
19           established and operated in compliance with sections
 
20           286-162.5 and 286-162.6, or the person was tested
 
21           pursuant to section 286-163;
 
22      (2)  There existed probable cause to believe that the
 
23           arrestee [drove,] operated[,] or was in actual physical
 

 
Page 43                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1           control of the [motor] vehicle while under the
 
 2           influence of [intoxicating liquor;] intoxicants or was
 
 3           under the age of twenty-one and consumed a measurable
 
 4           amount of alcohol; and
 
 5      (3)  The evidence proves by a preponderance that the
 
 6           arrestee [drove,] operated[,] or was in actual physical
 
 7           control of the [motor] vehicle [while under the
 
 8           influence of intoxicating liquor or while having]:
 
 9           with an alcohol concentration of .08 or more; or with a
 
10           drug content as evidenced by a blood or urine test; or
 
11           was under the age of twenty-one and consumed a
 
12           measurable amount of alcohol; or that the arrestee
 
13           refused to submit to a breath [or] blood, or urine test
 
14           after being informed of the sanctions of this part.
 
15      (f)  The arrestee's prior alcohol and drug enforcement
 
16 contacts shall be entered into evidence.
 
17      (g)  The sworn statements provided in section 286-257 shall
 
18 be admitted into evidence.  Upon notice to the director no later
 
19 than five days prior to the hearing that the arrestee wishes to
 
20 examine a law enforcement official who made a sworn statement,
 
21 the director shall issue a subpoena for the official to appear at
 
22 the hearing.  If the official cannot appear, the official [may],
 
23 at the discretion of the director, may testify by telephone.
 

 
Page 44                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1      (h)  The hearing shall be recorded in a manner to be
 
 2 determined by the director.
 
 3      (i)  The director's decision shall be rendered in writing
 
 4 and mailed to the arrestee, or to the parent or guardian of the
 
 5 arrestee if the arrestee is under the age of eighteen, no later
 
 6 than five days after the hearing.  If the decision is to reverse
 
 7 the administrative revocation, the director shall return the
 
 8 arrestee's license and any fees collected from the arrestee under
 
 9 this part along with a certified statement that administrative
 
10 revocation proceedings have been terminated.  If the decision
 
11 sustains the administrative revocation, the director shall mail
 
12 to the arrestee a written decision indicating the duration of the
 
13 administrative revocation and any other conditions or
 
14 restrictions as may be imposed pursuant to section 286-261.
 
15      (j)  For good cause shown, the director may grant a
 
16 continuance either of the commencement of the hearing or of a
 
17 hearing that has already commenced.  If a continuance is granted
 
18 at the request of the director, the director shall extend the
 
19 validity of the temporary permit for a period not to exceed the
 
20 period of the continuance.  If a continuance is granted at the
 
21 request of the arrestee, the director shall not extend the
 
22 validity of the temporary permit.  For purposes of this section,
 
23 a continuance means a delay in the commencement of the hearing or
 

 
Page 45                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 an interruption of a hearing that has commenced other than for
 
 2 recesses during the day or at the end of the day or week.
 
 3      (k)  If the arrestee fails to appear at the hearing, or if
 
 4 an arrestee under the age of eighteen fails to appear with a
 
 5 parent or guardian, administrative revocation shall take effect
 
 6 for the period and under the conditions established by the
 
 7 director in the administrative review decision issued by the
 
 8 director under section 286-258."
 
 9      SECTION 25.  Section 286-260, Hawaii Revised Statutes, is
 
10 amended by amending subsections (a) and (b) to read as follows:
 
11      "(a)  If the director sustains the administrative revocation
 
12 after administrative hearing, the arrestee, or parent or guardian
 
13 of an arrestee under the age of eighteen, may file a petition for
 
14 judicial review within thirty days after the administrative
 
15 hearing decision is mailed.  The petition shall be filed with the
 
16 clerk of the district court in the district in which the offense
 
17 occurred and shall be accompanied by the required filing fee for
 
18 civil actions.  The filing of the petition shall not operate as a
 
19 stay of the administrative revocation nor shall the court stay
 
20 the administrative revocation pending the outcome of the judicial
 
21 review.  The petition shall be appropriately captioned.  The
 
22 petition shall state with specificity the grounds upon which the
 
23 petitioner seeks reversal of the administrative revocation.
 

 
Page 46                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1      (b)  The court shall schedule the judicial review as quickly
 
 2 as practicable, and the review shall be on the record of the
 
 3 administrative hearing without taking of additional testimony or
 
 4 evidence.  If the petitioner fails to appear without just
 
 5 cause[,] or, in the case of a petitioner under the age of
 
 6 eighteen, the petitioner fails to appear with a parent or
 
 7 guardian, the court shall affirm the administrative revocation."
 
 8      SECTION 26.  Section 286-261, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (b) to read as follows:
 
10      "(b)  The periods of administrative revocation that [may]
 
11 shall be imposed under this part are as follows:
 
12      (1)  Three months, if the arrestee's [driving] record shows
 
13           no prior alcohol or drug enforcement contacts during
 
14           the five years preceding the date of arrest[;] or six
 
15           months if the arrestee is under the age of twenty-one;
 
16      (2)  One year if the arrestee's [driving] record shows one
 
17           prior alcohol or drug enforcement contact during the
 
18           five years preceding the date of arrest;
 
19      (3)  Two years if the arrestee's [driving] record shows two
 
20           prior alcohol or drug enforcement contacts during the
 
21           seven years preceding the date of arrest;
 
22      (4)  For life if the arrestee's [driving] record shows three
 
23           or more prior alcohol or drug enforcement contacts
 

 
Page 47                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1           during the ten years preceding the date of arrest; or
 
 2      (5)  For arrestees under the age of eighteen years, the
 
 3           period remaining until the arrestee's eighteenth
 
 4           birthday, or for the appropriate revocation period
 
 5           provided in paragraphs (1) to (4) or in subsection (c),
 
 6           whichever is longer."
 
 7      SECTION 27.  Section 286-261, Hawaii Revised Statutes, is
 
 8 amended by amending subsections (d) and (e) to read as follows:
 
 9      "(d)  Whenever a license is administratively revoked under
 
10 this part, the offender shall be referred to a certified
 
11 substance abuse counselor for an assessment of the offender's
 
12 alcohol or drug abuse or dependence and the need for treatment.
 
13 The counselor shall submit a report with recommendations to the
 
14 director.  If the counselor's assessment establishes that the
 
15 extent of the offender's alcohol or drug abuse or dependence
 
16 warrants treatment, the director may so order.  Whenever the
 
17 license and privilege to operate a vehicle of an offender under
 
18 the age of twenty-one is revoked for operating a vehicle with a
 
19 measurable amount of alcohol, the person shall attend a youthful
 
20 offender alcohol abuse education and counseling program for not
 
21 more than ten hours.  If the offender is under the age of
 
22 eighteen, the offender's parent or guardian also shall attend the
 
23 program.  All costs for assessment and treatment shall be paid by
 

 
Page 48                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 the offender.
 
 2      (e)  Alcohol and drug enforcement contacts that occurred
 
 3 prior to [August 1, 1991,] the effective date of this Act shall
 
 4 be counted in determining the administrative revocation period."
 
 5      SECTION 28.  Section 286-262, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "[[]§286-262[]]  Notice to other states.  When a
 
 8 nonresident's driving [privilege is] and boating privileges are
 
 9 administratively revoked under this part, the director shall
 
10 notify, in writing, the officials in charge of traffic control,
 
11 boating control, or public safety in the nonresident's home state
 
12 and in any other state in which the nonresident has driving and
 
13 boating privileges of the action taken in this State and shall
 
14 return to the appropriate issuing authority in the other states
 
15 any license seized under section 286-255."
 
16      SECTION 29.  Section 286-264, Hawaii Revised Statutes, is
 
17 amended by amending subsection (a) to read as follows:
 
18      "(a)  If an arrestee subject to administrative revocation
 
19 under this part submitted to a breath [or], blood, or urine test
 
20 and has had no prior alcohol or drug enforcement contacts during
 
21 the five years preceding the date of arrest, the director, at the
 
22 request of the arrestee at the administrative hearing, may issue
 
23 a conditional permit allowing the arrestee to drive after a
 

 
Page 49                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 minimum period of absolute license revocation of thirty days if
 
 2 one or more of the following conditions are met:
 
 3      (1)  The arrestee is gainfully employed in a position that
 
 4           requires driving and will be discharged if the
 
 5           arrestee's driving privileges are administratively
 
 6           revoked; or
 
 7      (2)  The arrestee has no access to alternative
 
 8           transportation and therefore must drive to work or to a
 
 9           substance abuse treatment facility or counselor for
 
10           treatment ordered by the director under section
 
11           286-261."
 
12      SECTION 30.  Section 287-20, Hawaii Revised Statutes, is
 
13 amended by amending subsection (a) to read as follows:
 
14      "(a)  Whenever a driver's license has been suspended or
 
15 revoked:
 
16      (1)  Pursuant to [section 286-151.5 or] part XIV of chapter
 
17           286, except as provided in section 291-4(f);
 
18      (2)  Upon a conviction of any offense pursuant to law; or
 
19      (3)  In the case of minors, pursuant to part V of chapter
 
20           571,
 
21 the license shall not at any time thereafter be issued to the
 
22 person whose license has been suspended or revoked, nor shall the
 
23 person thereafter operate a motor vehicle, unless and until the
 

 
Page 50                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 person has furnished and thereafter maintains proof of financial
 
 2 responsibility; provided that this section shall not apply to a
 
 3 license [suspended] revoked for operating a vehicle after
 
 4 consuming a measurable amount of alcohol pursuant to section
 
 5 [291-4.3(b)(1),] 286-261(b)(1), any conviction of a moving
 
 6 violation, any administrative license suspension pursuant to
 
 7 chapter 291A, or the first conviction within a five-year period
 
 8 for driving without a valid motor vehicle insurance policy."
 
 9      SECTION 31.  Section 291-4, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§291-4 [Driving] Operating a vehicle under the influence
 
12 of [intoxicating liquor.] intoxicants.  (a)  A person commits the
 
13 offense of [driving] operating a vehicle under the influence of
 
14 [intoxicating liquor] intoxicants if[:
 
15      (1)  The] the person, while under the influence of
 
16           intoxicants, intentionally, knowingly, or recklessly
 
17           operates or assumes actual physical control of the
 
18           operation of any vehicle [while under the influence of
 
19           intoxicating liquor, meaning that the person concerned
 
20           is under the influence of intoxicating liquor in an
 
21           amount sufficient to impair the person's normal mental
 
22           faculties or ability to care for oneself and guard
 
23           against casualty; or
 

 
Page 51                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1      (2)  The person operates or assumes actual physical control
 
 2           of the operation of any vehicle with .08 or more grams
 
 3           of alcohol per one hundred milliliters or cubic
 
 4           centimeters of blood or .08 or more grams of alcohol
 
 5           per two hundred ten liters of breath].  This state of
 
 6           mind shall apply only to the element of operating or
 
 7           assuming control of a vehicle.
 
 8      (b)  Operating a vehicle under the influence of intoxicants
 
 9 may be established by any of the following methods of proof:
 
10      (1)  The person operates or assumes actual physical control
 
11           of the operation of any vehicle while under the
 
12           influence of any intoxicant;
 
13      (2)  The person operates or assumes actual physical control
 
14           of the operation of any vehicle with .08 or more grams
 
15           of alcohol per two hundred ten liters of breath; or
 
16      (3)  The person operates or assumes actual physical control
 
17           of the operation of any vehicle with .08 or more grams
 
18           of alcohol per one hundred milliliters or cubic
 
19           centimeters of blood.
 
20 The fact that any person charged with violating this section is
 
21 or has been legally entitled to use alcohol or any drug shall not
 
22 constitute a defense against a charge under this section.
 
23      [(b)] (c)  A person committing the offense of driving under
 

 
Page 52                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 the influence of [intoxicating liquor] intoxicants shall be
 
 2 sentenced as follows without possibility of probation or
 
 3 suspension of sentence:
 
 4      (1)  For the first offense, or any offense not preceded
 
 5           within a five-year period by [a conviction] an offense
 
 6           under this section[,] or section 291-7 or 200-81, by:
 
 7           (A)  A fourteen-hour minimum alcohol or drug abuse
 
 8                rehabilitation program, or both, including
 
 9                education and counseling, or other comparable
 
10                program deemed appropriate by the court; and
 
11           (B)  Ninety-day prompt [suspension] revocation of
 
12                license and privilege to operate a vehicle with
 
13                absolute prohibition from operating a [motor]
 
14                vehicle during [suspension of license,] the
 
15                revocation period,  or the court may impose, in
 
16                lieu of the ninety-day prompt [suspension]
 
17                revocation of license, a minimum thirty-day prompt
 
18                [suspension] revocation of license with absolute
 
19                prohibition from operating a [motor] vehicle and,
 
20                for the remainder of the ninety-day period, a
 
21                restriction on the license that allows the person
 
22                to drive for limited work-related purposes and to
 
23                participate in [alcoholism] alcohol or drug
 

 
Page 53                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1                treatment programs; and
 
 2           (C)  Any one or more of the following:
 
 3                (i)  Seventy-two hours of community service work;
 
 4               (ii)  Not less than forty-eight hours and not more
 
 5                     than five days of imprisonment; or
 
 6              (iii)  A fine of not less than $150 but not more
 
 7                     than $1,000.
 
 8      (2)  For an offense [which] that occurs within five years of
 
 9           a prior [conviction] offense under this section[,] or
 
10           section 291-7 or 200-81, by:
 
11           (A)  Prompt [suspension] revocation of license and
 
12                privilege to operate a vehicle for a period of one
 
13                year with the absolute prohibition from operating
 
14                a [motor] vehicle during [suspension of license;]
 
15                the revocation period;
 
16           (B)  Either one of the following:
 
17                (i)  Not less than one hundred hours of community
 
18                     service work; or
 
19               (ii)  Not less than forty-eight consecutive hours
 
20                     but not more than fourteen days of
 
21                     imprisonment of which at least forty-eight
 
22                     hours shall be served consecutively; and
 
23           (C)  A fine of not less than $500 but not more than
 

 
Page 54                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1                $1,500.
 
 2      (3)  For an offense [which] that occurs within five years of
 
 3           two prior [convictions] offenses under this section[,]
 
 4           or section 291-7 or 200-81, by:
 
 5           (A)  A fine of not less than $500 but not more than
 
 6                $2,500;
 
 7           (B)  Revocation of license and privilege to operate a
 
 8                vehicle for a period not less than one year but
 
 9                not more than five years; and
 
10           (C)  Not less than ten days but not more than thirty
 
11                days imprisonment of which at least forty-eight
 
12                hours shall be served consecutively.
 
13      (4)  For an offense that occurs within ten years of three
 
14           prior offenses under this section or section 291-7 or
 
15           200-81, by:
 
16           (A)  A fine of not less than $1,000 but not more than
 
17                $10,000;
 
18           (B)  Revocation of license and privilege to operate a
 
19                vehicle for a period not less than five years but
 
20                not more than ten years; and
 
21           (C)  Not less than six months but not more than five
 
22                years imprisonment.  This offense is a class C
 
23                felony.
 

 
Page 55                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1      (5)  For an offense that occurs within ten years of five
 
 2           prior offenses under this section or section 291-7 or
 
 3           200-81, by:
 
 4           (A)  A fine of not less than $2,000 but not more than
 
 5                $25,000;
 
 6           (B)  Revocation of license and privilege to operate a
 
 7                vehicle for life; and
 
 8           (C)  Not less than one year but not more than ten years
 
 9                imprisonment.  This offense is a class B felony.
 
10      (6)  For an offense that occurs within ten years of seven
 
11           prior offenses under this section or section 291-7 or
 
12           200-81, by:
 
13           (A)  A fine of not less than $5,000 but not more than
 
14                $50,000;
 
15           (B)  Revocation of license and privilege to operate a
 
16                vehicle for life; and
 
17           (C)  Not less than two years but not more than twenty
 
18                years imprisonment.  This offense is a class A
 
19                felony.
 
20      (7)  For an offense that occurs within ten years of eight or
 
21           more prior offenses under this section or section 291-7
 
22           or 200-81, by:
 
23           (A)  A fine of not less than $10,000 but not more than
 

 
Page 56                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1                $50,000;
 
 2           (B)  Revocation of license and privilege to operate a
 
 3                vehicle for life; and
 
 4           (C)  Not less than five years but not more than twenty
 
 5                years imprisonment.  This offense is a class A
 
 6                felony.
 
 7     [(4)] (8)  Notwithstanding any other law to the contrary, any
 
 8           [conviction for driving] offense of operating a vehicle
 
 9           under the influence of intoxicating liquor, drugs, or
 
10           the combined influence of liquor and drugs shall be
 
11           considered a prior [conviction.] offense.
 
12     [(5)] (9)  No license [suspension or] revocation shall be
 
13           imposed pursuant to this subsection if the person's
 
14           license has previously been administratively revoked
 
15           pursuant to part XIV of chapter 286 for the same
 
16           offense; provided that, if the administrative
 
17           revocation is subsequently reversed, the person's
 
18           license shall be [suspended or] revoked as provided in
 
19           this subsection.
 
20      (c)  Whenever a court sentences a person pursuant to
 
21 subsection (b), it shall also require that the offender be
 
22 referred to a substance abuse counselor who has been certified
 
23 pursuant to section 321-193 for an assessment of the offender's
 

 
Page 57                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 alcohol or drug abuse or dependence and the need for appropriate
 
 2 treatment.  The counselor shall submit a report with
 
 3 recommendations to the court.  The court may require the offender
 
 4 to obtain appropriate treatment if the counselor's assessment
 
 5 establishes the offender's alcohol or drug abuse or dependence.
 
 6      All cost for assessment or treatment or both shall be borne
 
 7 by the offender.
 
 8      (d)  Notwithstanding any other law to the contrary, whenever
 
 9 a court revokes a person's driver's license pursuant to the
 
10 provisions of this section, the examiner of drivers shall not
 
11 grant to the person an application for a new driver's license for
 
12 a period to be determined by the court.
 
13      (e)  Any person sentenced under this section may be ordered
 
14 to reimburse the county for the cost of any blood or urine tests
 
15 conducted [under] pursuant to section [286-152.] 286-151.  The
 
16 court shall order the person to make restitution in a lump sum,
 
17 or in a series of prorated installments, to the police
 
18 department, or other agency incurring the expense of the blood or
 
19 urine test.
 
20      (f)  The requirement to provide proof of financial
 
21 responsibility pursuant to section 287-20 shall not be based upon
 
22 a revocation under part XIV of chapter 286 unless the person's
 
23 license had been previously revoked under that part in the five-
 

 
Page 58                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 year period immediately preceding the revocation at issue, nor
 
 2 shall the requirement to provide proof of financial
 
 3 responsibility pursuant to section 287-20 be based upon a
 
 4 sentence imposed under subsection (b)(1).
 
 5      (g)  As used in this section the terms ["driver", "driver's
 
 6 license",] "alcohol", "drug", "impair", "intoxicant", "license",
 
 7 "operate", "operator", "under the influence", and "vehicle" shall
 
 8 have the same meanings as provided in section 286-251 and
 
 9 "examiner of drivers"[,] shall have the same [meanings] meaning
 
10 as provided in section 286-2 [and the term "vehicle" shall have
 
11 the same meaning as provided in section 291C-1]."
 
12      SECTION 32.  Section 291-4.5, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "§291-4.5  [Driving] Operating a vehicle after license
 
15 suspended or revoked for [driving] operating a vehicle under the
 
16 influence of [intoxicating liquor;] intoxicants; penalties.  (a)
 
17 No person whose [driver's] license and privilege to operate a
 
18 vehicle has been revoked, suspended, or otherwise restricted
 
19 pursuant to part XIV chapter 286 or section 291-4 [or], 291-7, or
 
20 200-81 shall operate [a motor] or assume actual physical control
 
21 of the operation of any vehicle [upon the highways] in the State
 
22 or in or on the waters of this State either while the person's
 
23 license remains suspended or revoked [or], in violation of the
 

 
Page 59                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 restrictions placed on the person's license[.], or while the
 
 2 person's privilege to operate a vehicle has been revoked.  The
 
 3 period of suspension or revocation shall commence upon the
 
 4 release of the person from the period of imprisonment imposed
 
 5 pursuant to this section.
 
 6      (b)  Any person convicted of violating this section shall be
 
 7 sentenced as follows:
 
 8      (1)  For a first offense, or any offense not preceded within
 
 9           a five-year period by [a conviction] an offense under
 
10           this section:
 
11           (A)  A term of imprisonment at least three consecutive
 
12                days but not more than thirty days;
 
13           (B)  A fine not less than $250 but not more than
 
14                $1,000; and
 
15           (C)  [License suspension or revocation] Revocation of
 
16                license and privilege to operate a vehicle for an
 
17                additional year;
 
18      (2)  For an offense [which] that occurs within five years of
 
19           a prior [conviction] offense under this section:
 
20           (A)  Thirty days imprisonment;
 
21           (B)  A fine of $1,000; and
 
22           (C)  [License suspension or revocation] Revocation of
 
23                license and privilege to operate a vehicle for an
 

 
Page 60                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1                additional two years; and
 
 2      (3)  For an offense that occurs within five years of two or
 
 3           more prior [convictions] offenses under this section:
 
 4           (A)  One year imprisonment;
 
 5           (B)  A $2,000 fine; and
 
 6           (C)  Permanent revocation of the person's license[.]
 
 7                and privilege to operate a vehicle."
 
 8      SECTION 33.  Section 291-5, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§291-5 Evidence of intoxication.(a)  In any criminal
 
11 prosecution for a violation of section 291-4[,] or in any
 
12 proceeding under part XIV of chapter 286:
 
13      (1)  .08 or more grams of alcohol per one hundred
 
14           milliliters or cubic centimeters of the defendant's
 
15           blood [or];
 
16      (2)  .08 or more grams of alcohol per two hundred ten liters
 
17           of the defendant's breath; or
 
18      (3)  The presence of any drug or combination of alcohol or
 
19           drugs that impair the defendant's normal mental
 
20           faculties or ability to care for the defendant and
 
21           guard against casualty,
 
22 within three hours after the time of the alleged violation as
 
23 shown by chemical analysis or other approved analytical
 

 
Page 61                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 techniques of the defendant's blood [or], breath, or urine shall
 
 2 be competent evidence that the defendant was under the influence
 
 3 of [intoxicating liquor] intoxicants at the time of the alleged
 
 4 violation.
 
 5      (b)  In any criminal prosecution for a violation of section
 
 6 291-4, [the amount of alcohol found in the defendant's blood or
 
 7 breath] less than .08 grams of alcohol per one hundred
 
 8 milliliters or cubic centimeters of the defendant's blood or less
 
 9 than .08 grams of alcohol per two hundred ten liters of the
 
10 defendant's breath within three hours after the time of the
 
11 alleged violation as shown by chemical analysis or other approved
 
12 analytical techniques of the defendant's blood or breath [shall]
 
13 may be considered with other competent evidence [that] in
 
14 determining whether the defendant was under the influence of
 
15 [intoxicating liquor] intoxicants at the time of the alleged
 
16 violation [and shall give rise to the following presumptions:
 
17      (1)  If there were .05 or less grams of alcohol per one
 
18           hundred milliliters or cubic centimeters of blood or
 
19           .05 or less grams of alcohol per two hundred ten liters
 
20           of defendant's breath, it shall be presumed that the
 
21           defendant was not under the influence of intoxicating
 
22           liquor at the time of the alleged violation; and
 
23      (2)  If there were in excess of .05 grams of alcohol per one
 

 
Page 62                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1           hundred milliliters or cubic centimeters of defendant's
 
 2           blood or .05 grams of alcohol per two hundred ten
 
 3           liters of defendant's breath, but less than .08 grams
 
 4           of alcohol per one hundred milliliters or cubic
 
 5           centimeters of defendant's blood or .08 grams of
 
 6           alcohol per two hundred ten liters of defendant's
 
 7           breath, that fact may be considered with other
 
 8           competent evidence in determining whether or not the
 
 9           defendant was at the time of the alleged violation
 
10           under the influence of intoxicating liquor but shall
 
11           not of itself give rise to any presumption].
 
12      (c)  Nothing in this section shall be construed as limiting
 
13 the introduction, in any criminal proceeding for a violation
 
14 under section 291-4 or in any proceeding under part XIV of
 
15 chapter 286, of relevant evidence of a person's alcohol or drug
 
16 content obtained more than three hours after an alleged
 
17 violation; provided that the evidence is offered in compliance
 
18 with the Hawaii rules of evidence."
 
19      SECTION 34.  Section 663-1.9, Hawaii Revised Statutes, is
 
20 amended by amending subsections (a) and (b) to read as follows:
 
21      "(a)  Any health care provider who, in good faith in
 
22 compliance with section 286-163, provides notice concerning the
 
23 alcohol or drug content of a person's blood or urine shall be
 

 
Page 63                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 immune from any civil liability in any action based upon the
 
 2 compliance.  The health care provider shall also be immune from
 
 3 any civil liability for participating in any subsequent judicial
 
 4 proceeding relating to the person's compliance.
 
 5      (b)  Any authorized person who properly withdraws blood or
 
 6 collects urine from another person at the written request of a
 
 7 police officer for testing of the blood's alcoholic or drug
 
 8 content[,] or the drug content of the urine, and any hospital,
 
 9 laboratory, or clinic, employing or utilizing the services of
 
10 such person, and owning or leasing the premises on which such
 
11 tests are performed, shall not be liable for civil damages
 
12 resulting from the authorized person's acts or omissions in
 
13 withdrawing the blood[,] or collecting urine, except for such
 
14 damages as may result from the authorized person's gross
 
15 negligence or wanton acts or omissions."
 
16      SECTION 35.  Chapter 200, part VII, Hawaii Revised Statutes,
 
17 is repealed.
 
18      SECTION 36.  Section 286-151.5, Hawaii Revised Statutes, is
 
19 repealed.
 
20      ["[§286-151.5]  Refusal to submit to testing for measurable
 
21 amount of alcohol; district court hearing; sanctions; appeals;
 
22 admissibility.(a)  If a person under arrest for driving after
 
23 consuming a measurable amount of alcohol, pursuant to section
 

 
Page 64                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 291-4.3, refuses to submit to a breath or blood test, none shall
 
 2 be given, except as provided in section 286-163, but the
 
 3 arresting officer, as soon as practicable, shall submit an
 
 4 affidavit to a district judge of the circuit in which the arrest
 
 5 was made, stating:
 
 6      (1)  That at the time of the arrest, the arresting officer
 
 7           had probable cause to believe the arrested person was
 
 8           under the age of twenty-one and had been operating a
 
 9           motor vehicle or moped upon the public highways with a
 
10           measurable amount of alcohol concentration;
 
11      (2)  That the arrested person had been informed of the
 
12           sanctions of this section; and
 
13      (3)  That the person had refused to submit to a breath or
 
14           blood test.
 
15      (b)  Upon receipt of the affidavit, the district judge shall
 
16 hold a hearing within twenty days.  The district judge shall hear
 
17 and determine:
 
18      (1)  Whether the arresting officer had probable cause to
 
19           believe that the person was under the age of twenty-one
 
20           and had been operating a motor vehicle or moped upon
 
21           the public highway with a measurable amount of alcohol
 
22           concentration;
 
23      (2)  Whether the person was lawfully arrested;
 

 
Page 65                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1      (3)  Whether the arresting officer had informed the person
 
 2           of the sanctions of this section; and
 
 3      (4)  Whether the person refused to submit to a test of the
 
 4           person's breath or blood.
 
 5      (c)  If the district judge finds the statements contained in
 
 6 the affidavit are true, the judge shall suspend the arrested
 
 7 person's operating privilege as follows:
 
 8      (1)  For a first suspension, or any suspension not preceded
 
 9           within a five-year period by a suspension under this
 
10           section, for a period of twelve months; and
 
11      (2)  For any subsequent suspension under this section, for a
 
12           period not less than two years and not more than five
 
13           years.
 
14      (d)  An order of a district court issued under this section
 
15 may be appealed to the supreme court.
 
16      (e)  If a legally arrested person under the age of twenty-
 
17 one refuses to submit to a test of the person's breath or blood,
 
18 proof of refusal shall be admissible only in a hearing under this
 
19 section or part XIV of this chapter and shall not be admissible
 
20 in any other action or proceeding, whether civil or criminal.
 
21      (f)  The term "measurable amount of alcohol" shall have the
 
22 same meaning as provided in section 291-4.3."]
 
23      SECTION 37.  Section 286-157.3, Hawaii Revised Statutes, is
 

 
Page 66                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 repealed.
 
 2      ["[§286-157.3]  Revocation of privilege to drive a motor
 
 3 vehicle upon refusal to submit to drug testing.(a)  If a person
 
 4 under arrest refuses to submit to a blood or urine test for the
 
 5 presence of drugs under section 286-151(d) or (e), none shall be
 
 6 given except as otherwise provided, but the arresting officer, as
 
 7 soon as practicable, shall submit an affidavit to a district
 
 8 court judge of the circuit in which the arrest was made, stating:
 
 9      (1)  That at the time of arrest, the arresting officer had
 
10           probable cause to believe the arrested person had been
 
11           driving or was in actual physical control of a motor
 
12           vehicle upon the public highways while under the
 
13           influence of drugs;
 
14      (2)  That the arrested person was informed of the sanctions
 
15           of this section; and
 
16      (3)  That the arrested person had refused to submit to a
 
17           blood or urine test.
 
18      (b)  Upon receipt of the affidavit, the district court judge
 
19 shall hold a hearing, as provided in section 286-157.4, and shall
 
20 determine whether the statements contained in the affidavit are
 
21 true and correct.  If the district judge finds the statements
 
22 contained in the affidavit are true, the judge shall suspend the
 
23 arrested person's license, permit, or any nonresident operating
 

 
Page 67                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 privilege as follows:
 
 2      (1)  One year, if the arrestee's driving record shows no
 
 3           prior revocations under this section during the five
 
 4           years preceding the date of arrest;
 
 5      (2)  Two years, if the arrestee's driving record shows one
 
 6           prior drug enforcement contact under this section
 
 7           during the five years preceding the date of arrest;
 
 8      (3)  Four years, if the arrestee's driving record shows two
 
 9           prior drug enforcement contacts under this section
 
10           during the seven years preceding the date of arrest; or
 
11      (4)  For life, if the arrestee's driving record shows three
 
12           or more prior drug enforcement contacts under this
 
13           section during the ten years preceding the date of
 
14           arrest.
 
15      (c)  Whenever a license is revoked under this section, the
 
16 offender shall be referred to a certified substance abuse
 
17 counselor for an assessment of the offender's drug abuse or
 
18 dependence and the need for treatment.  The counselor shall
 
19 submit a report with recommendations to the court.  If the
 
20 counselor's assessment establishes that the extent of the
 
21 offender's drug abuse or dependence warrants treatment, the court
 
22 may order treatment.  All costs for assessment and treatment
 
23 shall be paid by the offender.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (d)  Drug enforcement contacts that occurred prior to
 
 2 January 1, 1998, shall be counted in determining the revocation
 
 3 period.
 
 4      (e)  This section shall not preclude a finding under part
 
 5 XIV for failure to comply with section 286-151(b)."]
 
 6      SECTION 38.  Section 286-157.4, Hawaii Revised Statutes, is
 
 7 repealed.
 
 8      ["[§286-157.4]  Hearing before a district judge.(a)  A
 
 9 hearing to determine the truth and correctness of an affidavit
 
10 submitted to a district judge shall be held within twenty days
 
11 after the district judge has received the affidavit.
 
12      (b)  The district judge shall hear and determine:
 
13      (1)  Whether the arresting officer had reasonable grounds to
 
14           believe that the person had been operating a vehicle
 
15           while under the influence of drugs;
 
16      (2)  Whether the person was lawfully arrested;
 
17      (3)  Whether the arresting officer had informed the person
 
18           of the sanctions of section 286-157.3; and
 
19      (4)  Whether the person refused to submit to a test of the
 
20           person's blood or urine.
 
21      (c)  For purposes of a hearing under this section, there
 
22 shall be no limit on the introduction of any other competent
 
23 evidence bearing on the question of whether the person was under
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 the influence of drugs, including but not limited to personal
 
 2 observation by a law enforcement officer of the defendant's
 
 3 manner, disposition, speech, muscular movement, general
 
 4 appearance, or behavior."]
 
 5      SECTION 39.  Section 286-157.5, Hawaii Revised Statutes, is
 
 6 repealed.
 
 7      ["[§286-157.5]  Appeal to supreme court.  An order of a
 
 8 district court issued under section 286-157.3 may be appealed to
 
 9 the supreme court."]
 
10      SECTION 40.  Section 286-158, Hawaii Revised Statutes, is
 
11 repealed.
 
12      ["§286-158  Interpretation of the tests.  For the purposes
 
13 of this part and to the fullest extent possible, the
 
14 interpretation of the testing to determine alcoholic content of
 
15 blood shall be as provided in section 291-5."]
 
16      SECTION 41.  Section 286-158.5, Hawaii Revised Statutes, is
 
17 repealed.
 
18      ["[§286-158.5]  Interpretation of drug tests; competent
 
19 evidence.  In any criminal prosecution or civil proceeding
 
20 relating to section 291-7, the presence of any drug that impairs
 
21 a person's ability to operate a vehicle in a careful and prudent
 
22 manner within three hours after the time of the alleged offense,
 
23 as shown by chemical analysis or other approved analytical
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 techniques of the defendant's blood or urine, shall be competent
 
 2 evidence that the defendant was under the influence of drugs at
 
 3 the time of the alleged violation.  Nothing in this section shall
 
 4 be construed as limiting the introduction, in any criminal
 
 5 proceeding for a violation under section 291-7 or in any
 
 6 proceeding under section 286-157.4, of relevant evidence of a
 
 7 person's drug content obtained more than three hours after an
 
 8 alleged violation; provided that the evidence is offered in
 
 9 compliance with the Hawaii rules of evidence."]
 
10      SECTION 42.  Section 286-159.5, Hawaii Revised Statutes, is
 
11 repealed.
 
12      ["[§286-159.5]  Proof of refusal of drug testing;
 
13 admissibility.  If a legally arrested person refuses to submit to
 
14 a test of the person's blood or urine, proof of refusal shall be
 
15 admissible only in a hearing under section 286-157.4 or part XIV
 
16 and shall not be admissible in any other action or proceeding,
 
17 whether civil or criminal."]
 
18      SECTION 43.  Section 291-4.3, Hawaii Revised Statutes, is
 
19 repealed.
 
20      ["[§291-4.3]  Driving after consuming a measurable amount of
 
21 alcohol; persons under the age of twenty-one.  (a)  It shall be
 
22 unlawful for any person under the age of twenty-one years to
 
23 drive, operate, or assume actual physical control of the
 

 
Page 71                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 operation of any vehicle with a measurable amount of alcohol
 
 2 concentration.  A law enforcement officer may arrest a person
 
 3 under this section when the officer has probable cause to believe
 
 4 the arrested person is under the age of twenty-one and had been
 
 5 driving or was in actual physical control of a motor vehicle or
 
 6 moped upon the public highways with a measurable amount of
 
 7 alcohol.  For purposes of this section, "measurable amount of
 
 8 alcohol" means a test result equal to or greater than .02 but
 
 9 less than .08 grams of alcohol per one hundred milliliters or
 
10 cubic centimeters of blood or equal to or greater than .02 but
 
11 less than .08 grams of alcohol per two hundred ten liters of
 
12 breath.
 
13      (b)  A person who violates this section shall be sentenced
 
14 as follows:
 
15      (1)  For a first violation or any violation not preceded
 
16           within a five-year period by a prior alcohol
 
17           enforcement contact:
 
18           (A)  The court shall impose:
 
19                (i)  A requirement that the person and, if the
 
20                     person is under the age of eighteen, the
 
21                     person's parent or guardian attend an alcohol
 
22                     abuse education and counseling program for
 
23                     not more than ten hours; and
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1               (ii)  One hundred eighty-day prompt suspension of
 
 2                     license with absolute prohibition from
 
 3                     operating a motor vehicle during suspension
 
 4                     of license, or in the case of a person
 
 5                     eighteen years of age or older, the court may
 
 6                     impose, in lieu of the one hundred eighty-day
 
 7                     prompt suspension of license, a minimum
 
 8                     thirty-day prompt suspension of license with
 
 9                     absolute prohibition from operating a motor
 
10                     vehicle and, for the remainder of the one
 
11                     hundred eighty-day period, a restriction on
 
12                     the license that allows the person to drive
 
13                     for limited work-related purposes and to
 
14                     participate in alcohol abuse education and
 
15                     treatment programs; and
 
16           (B)  In addition, the court may impose any one or more
 
17                of the following:
 
18                (i)  Not more than thirty-six hours of community
 
19                     service work; or
 
20               (ii)  A fine of not less than $150 but not more
 
21                     than $500.
 
22      (2)  For a violation that occurs within five years of a
 
23           prior alcohol enforcement contact:
 

 
Page 73                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1           (A)  The court shall impose prompt suspension of
 
 2                license for a period of one year with the absolute
 
 3                prohibition from operating a motor vehicle during
 
 4                suspension of license; and
 
 5           (B)  In addition, the court may impose any of the
 
 6                following:
 
 7                (i)  Not more than fifty hours of community
 
 8                     service work; or
 
 9               (ii)  A fine of not less than $300 but not more
 
10                     than $1,000.
 
11      (3)  For a violation that occurs within five years of two
 
12           prior alcohol enforcement contacts:
 
13           (A)  The court shall impose revocation of license for a
 
14                period of two years; and
 
15           (B)  In addition, the court may impose any of the
 
16                following:
 
17                (i)  Not more than one hundred hours of community
 
18                     service work; or
 
19               (ii)  A fine of not less than $300 but not more
 
20                     than $1,000.
 
21      (4)  Notwithstanding any other law to the contrary, any
 
22           conviction or plea under this section shall be
 
23           considered a prior alcohol enforcement contact.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (c)  Whenever a court sentences a person pursuant to
 
 2 subsection (b)(2) or (3), it also shall require that the person
 
 3 be referred to a substance abuse counselor who has been certified
 
 4 pursuant to section 321-193 for an assessment of the person's
 
 5 alcohol abuse or dependence and the need for appropriate
 
 6 treatment.  The counselor shall submit a report with
 
 7 recommendations to the court.  The court shall require the person
 
 8 to obtain appropriate treatment if the counselor's assessment
 
 9 establishes the person's alcohol abuse or dependence.  All costs
 
10 for assessment or treatment or both shall be borne by the person
 
11 or by the person's parent or guardian, if the person is under the
 
12 age of eighteen.
 
13      (d)  Notwithstanding section 831-3.2 or any other law to the
 
14 contrary, a person convicted of a first-time violation under
 
15 subsection (b)(1), who had no prior alcohol enforcement contacts,
 
16 may apply to the court for an expungement order upon attaining
 
17 the age of twenty-one, or thereafter, if the person has fulfilled
 
18 the terms of the sentence imposed by the court and has had no
 
19 subsequent alcohol or drug-related enforcement contacts.
 
20      (e)  Notwithstanding any other law to the contrary, whenever
 
21 a court revokes a person's driver's license pursuant to this
 
22 section, the examiner of drivers shall not grant to the person an
 
23 application for a new driver's license for a period to be
 

 
Page 75                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 determined by the court.
 
 2      (f)  Any person sentenced under this section may be ordered
 
 3 to reimburse the county for the cost of any blood tests conducted
 
 4 pursuant to section 286-152.  The court shall order the person to
 
 5 make restitution in a lump sum, or in a series of prorated
 
 6 installments, to the police department or other agency incurring
 
 7 the expense of the blood test.
 
 8      (g)  The requirement to provide proof of financial
 
 9 responsibility pursuant to section 287-20 shall not be based upon
 
10 a sentence imposed under subsection (b)(1).
 
11      (h)  Any person who violates this section shall be guilty of
 
12 a violation.
 
13      (i)  As used in this section, the terms "driver", "driver's
 
14 license", and "examiner of drivers", shall have the same meanings
 
15 as provided in section 286-2, the term "alcohol enforcement
 
16 contact" shall have the same meaning as in section 286-251, and
 
17 the term "vehicle" shall have the same meaning as provided in
 
18 section 291C-1."]
 
19      SECTION 44.  Section 291-4.4. Hawaii Revised Statutes, is
 
20 repealed.
 
21      ["[§291-4.4]  Habitually driving under the influence of
 
22 intoxicating liquor or drugs.(a)  A person commits the offense
 
23 of habitually driving under the influence of intoxicating liquor
 

 
Page 76                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 or drugs if, during a ten-year period the person has been
 
 2 convicted three or more times for a driving under the influence
 
 3 offense; and
 
 4      (1)  The person operates or assumes actual physical control
 
 5           of the operation of any vehicle while under the
 
 6           influence of intoxicating liquor, meaning that the
 
 7           person is under the influence of intoxicating liquor in
 
 8           an amount sufficient to impair the person's normal
 
 9           mental faculties or ability to care for oneself and
 
10           guard against casualty;
 
11      (2)  The person operates or assumes actual physical control
 
12           of the operation of any vehicle with .08 or more grams
 
13           of alcohol per one hundred milliliters or cubic
 
14           centimeters of blood or .08 or more grams of alcohol
 
15           per two hundred ten liters of breath; or
 
16      (3)  A person operates or assumes actual physical control of
 
17           the operation of any vehicle while under the influence
 
18           of any drug which impairs such person's ability to
 
19           operate the vehicle in a careful and prudent manner.
 
20           The term "drug" as used in this section shall mean any
 
21           controlled substance as defined and enumerated on
 
22           schedules I through IV of chapter 329.
 
23      (b)  For the purposes of this section a driving under the
 

 
Page 77                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 influence offense means a violation of section 291-4, 291-7, or
 
 2 707-702.5, or violation of laws in another jurisdiction which
 
 3 requires proof of each element of the offenses punishable under
 
 4 either section 291-4, 291-7, or 707-702.5 if committed in Hawaii.
 
 5      (c)  Habitually driving under the influence of intoxicating
 
 6 liquor or drugs is a class C felony."]
 
 7      SECTION 45.  Section 291-7, Hawaii Revised Statues, is
 
 8 repealed.
 
 9      ["§291-7 Driving under the influence of drugs.(a)  A
 
10 person commits the offense of driving under the influence of
 
11 drugs if the person operates or assumes actual physical control
 
12 of the operation of any vehicle while under the influence of any
 
13 drug which impairs such person's ability to operate the vehicle
 
14 in a careful and prudent manner.  The term "drug" as used in this
 
15 section shall mean any controlled substance as defined and
 
16 enumerated on schedules I through IV of chapter 329.
 
17      (b)  A person committing the offense of driving under the
 
18 influence of drugs shall be sentenced as follows without
 
19 possibility of probation or suspension of sentence:
 
20      (1)  For a first offense, or any offense not preceded within
 
21           a five-year period by a conviction under this section,
 
22           by:
 
23           (A)  A fourteen-hour minimum drug abuse rehabilitation
 

 
Page 78                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1                program, including education and counseling, or
 
 2                other comparable programs deemed appropriate by
 
 3                the court; and
 
 4           (B)  Ninety-day prompt suspension of license with
 
 5                absolute prohibition from operating a motor
 
 6                vehicle during suspension of license, or the court
 
 7                may impose, in lieu of the ninety-day prompt
 
 8                suspension of license, a minimum thirty-day prompt
 
 9                suspension of license with absolute prohibition
 
10                from operating a motor vehicle and, for the
 
11                remainder of the ninety-day period, a restriction
 
12                on the license that allows the person to drive for
 
13                limited work-related purposes and to participate
 
14                in drug treatment programs; and
 
15           (C)  Any one or more of the following:
 
16                (i)  Seventy-two hours of community service work;
 
17               (ii)  Not less than forty-eight hours of
 
18                     imprisonment; or
 
19              (iii)  A fine of not less than $150 but not more
 
20                     than $1,000.
 
21      (2)  For an offense which occurs within five years of a
 
22           prior conviction under this section:
 
23           (A)  Prompt suspension of license for a period of one
 

 
Page 79                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1                year with the absolute prohibition from operating
 
 2                a motor vehicle during suspension of license;
 
 3           (B)  Either one of the following:
 
 4                (i)  Not less than eighty hours of community
 
 5                     service work; or
 
 6               (ii)  Not less than forty-eight consecutive hours
 
 7                     of imprisonment; and
 
 8           (C)  A fine of not less than $500 but not more than
 
 9                $1,000.
 
10      (3)  For an offense which occurs within five years of two
 
11           prior convictions under this section, by:
 
12           (A)  A fine of not less than $500 but not more than
 
13                $1,000;
 
14           (B)  Revocation of license for a period not less than
 
15                one year but not more than five years; and
 
16           (C)  Not less than ten days but not more than one
 
17                hundred eighty days imprisonment.
 
18      (4)  Notwithstanding any other law to the contrary, any
 
19           conviction for driving under the influence of drugs
 
20           shall be considered a prior conviction.
 
21      (c)  Whenever a court sentences a person pursuant to
 
22 subsection (b)(2) or (3), it shall also require that the offender
 
23 be referred to a substance abuse counselor who has been certified
 

 
Page 80                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1 pursuant to section 321-193 for an assessment of the offender's
 
 2 drug dependence and the need for treatment.  The counselor shall
 
 3 submit a report with recommendations to the court.  The court may
 
 4 require the offender to obtain appropriate treatment.
 
 5      All costs for such assessment or treatment or both shall be
 
 6 borne by the offender.
 
 7      (d)  Notwithstanding any other law to the contrary, whenever
 
 8 a court revokes a person's driver's license pursuant to the
 
 9 provisions of this section, the examiner of drivers shall not
 
10 grant to such person an application for a new driver's license
 
11 for such period as specified by the court.
 
12      (e)  As used in this section, the terms "driver", "driver's
 
13 license", and "examiner of drivers" shall have the same meanings
 
14 as provided in section 286-2; and the term "vehicle" shall have
 
15 the same meaning as provided in section 291C-1."]
 
16      SECTION 46.  If any provision of this Act, or the
 
17 application thereof to any person or circumstance is held
 
18 invalid, the invalidity does not affect other provisions or
 
19 applications of the Act which can be given effect without the
 
20 invalid provision or application,and to this end the provisions
 
21 of this Act are severable.
 
22      SECTION 47.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
Page 81                                                    
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 48.  This Act shall take effect upon its approval;
 
 2 provided that section 31 shall be retroactive for all pending
 
 3 first offense cases for operating a vehicle, including a vessel
 
 4 underway, under the influence of alcohol, drugs, or the combined
 
 5 influence of alcohol and drugs.
 
 6 
 
 7                           INTRODUCED BY:  _______________________