REPORT TITLE:
Driver's License Revocation


DESCRIPTION:
Amends the law relating to administrative revocation of driver's
licenses to include revocation of all motor vehicle registrations
issued to a driver who has been convicted of a previous violation
of driving under the influence of intoxicating liquor or
habitually driving under the influence of liquor or drugs.
(SB2318 SD2)

 
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THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ADMINISTRATIVE REVOCATION OF DRIVER'S LICENSES.



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

 1      SECTION 1.  The legislature finds that section 5 of the
 
 2 federal TEA-21 Restoration Act establishes a new program under
 
 3 Section 164 of Chapter 1, Title 23 U.S.C., encouraging states to
 
 4 enact repeat intoxicated driver laws.  States that do not have a
 
 5 repeat intoxicated driver law by October 1, 2000, must transfer
 
 6 1.5 per cent of federal aid highway funds to the state's Section
 
 7 402 state and community highway safety funds for the first two
 
 8 years.  If this measure is not enacted by September 30, 2000,
 
 9 three per cent of the State's federal aid highway funds will be
 
10 transferred until the State enacts this legislation.
 
11      The legislature further finds that each state is required to
 
12 have in effect a repeat intoxicated driver law that imposes on
 
13 impaired drivers who have been convicted of a previous driving
 
14 under the influence violation of the following minimum penalty:
 
15      (1)  A driver's license suspension for not less than one
 
16           year;
 
17      (2)  Vehicle impoundment, immobilization of each of the
 
18           individual's motor vehicles, or the installation of an
 
19           ignition interlock system on each of the motor
 

 
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 1           vehicles;
 
 2      (3)  An assessment of the individual's degree of abuse of
 
 3           alcohol and treatment; and
 
 4      (4)  Community services for not less than thirty days or
 
 5           five days of imprisonment for a second offense; and not
 
 6           less than ten days of imprisonment for a third and
 
 7           subsequent offenses.
 
 8 The penalties for a first time offender are unchanged.
 
 9      Accordingly, the purpose of this Act is to amend the law
 
10 relating to the administrative revocation of driver's licenses by
 
11 expanding that law to include the revocation of all motor vehicle
 
12 registrations issued to a driver who has been convicted of a
 
13 previous violation of driving under the influence of intoxicating
 
14 liquor (section 291-4, Hawaii Revised Statutes) or habitually
 
15 driving under the influence of intoxicating liquor or drugs
 
16 (section 291-4.4).  In addition, this Act increases the penalties
 
17 for subsequent convictions under section 291-4.
 
18      SECTION 2.  Chapter 286, part XIV, Hawaii Revised Statutes,
 
19 is amended by amending its title to read as follows:
 
20     "PART XIV.  ADMINISTRATIVE REVOCATION OF DRIVER'S LICENSE
 
21                  AND MOTOR VEHICLE REGISTRATION"
 
22      SECTION 3.  Section 286-251, Hawaii Revised Statutes, is
 
23 amended as follows:
 

 
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 1      1.  By adding four new definitions to be appropriately
 
 2 inserted and to read as follows:
 
 3      ""Household member" means:
 
 4      (1)  Persons who reside in the same dwelling unit; or
 
 5      (2)  Persons under twenty-one years of age who are related
 
 6           to the arrestee by marriage, blood, or adoption, but
 
 7           regardless of whether they reside in the same dwelling
 
 8           with the arrestee.
 
 9      "Qualified household member" means a household member of the
 
10 arrestee who has a driver's license that has not expired or been
 
11 suspended or revoked.
 
12      "Repeat intoxicated driver" means a person who previously:
 
13           (1)  Has been convicted of a violation of section 291-4
 
14                or 291-4.4 during the five years preceding the
 
15                date of arrest;
 
16           (2)  Has been convicted of three or more violations of
 
17                section 291-4 or 291-4.4 during the ten years
 
18                preceding the date of arrest; or
 
19           (3)  Has had one prior alcohol enforcement contact
 
20                during the five years preceding the date of
 
21                arrest, two prior alcohol enforcement contacts
 
22                during the seven years preceding the date of
 
23                arrest, or three or more prior alcohol enforcement
 

 
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 1                contacts during the ten years preceding the date
 
 2                of arrest."
 
 3      "Temporary vehicle registration" means the portion of the
 
 4 notice of administrative revocation that, when completed by the
 
 5 arresting officer, permits the arrestee to drive the vehicles
 
 6 registered in the name of the arrestee for thirty days or until
 
 7 the time established by the director under this part."
 
 8      2.  By amending the definition of "administrative
 
 9 revocation" to read as follows:
 
10      ""Administrative revocation" means termination of the
 
11 arrestee's driver's license or the registration of all motor
 
12 vehicles registered to the arrestee, or both, pursuant to this
 
13 part and does not include any revocation imposed under section
 
14 291-4 or 291-4.4."
 
15      3.  By amending the definitions of "alcohol enforcement
 
16 contact" and "arrestee" to read as follows:
 
17      ""Alcohol enforcement contact" means [any]:
 
18      (1)  Any administrative revocation ordered pursuant to this
 
19           part; [any driver's license]
 
20      (2)  Any suspension or revocation of any driver's license or
 
21           motor vehicle registration, or both, imposed by this or
 
22           any other state or federal jurisdiction for refusing to
 
23           submit to a test for alcohol concentration in the
 

 
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 1           person's blood; or [any]
 
 2      (3)  Any conviction in this or any other state or federal
 
 3           jurisdiction for driving, operating, or being in
 
 4           physical control of a motor vehicle while having an
 
 5           unlawful concentration of alcohol in the blood, or
 
 6           while under the influence of alcohol.
 
 7      "Arrestee" means a person arrested for violation of section
 
 8 291-4 or 291-4.4 and, for purposes of this part, also refers to a
 
 9 person from whom a blood sample has been drawn pursuant to
 
10 section 286-163, because there was probable cause to believe that
 
11 the person has violated section 291-4[.] or 291-4.4."
 
12      SECTION 4.  Section 286-252, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "§286-252  Notice of administrative revocation; effect.  As
 
15 used in this part, the notice of administrative revocation:
 
16      (1)  Establishes that the arrestee's driving privilege in
 
17           this State shall be terminated thirty days after the
 
18           date of arrest or [such] a later date as is established
 
19           by the director under section 286-259, if the director
 
20           administratively revokes the arrestee's license;
 
21      (2)  Establishes that the registrations of all motor
 
22           vehicles registered to an arrestee who is a repeat
 
23           intoxicated driver shall be terminated thirty days
 

 
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 1           after the date of an arrest pursuant to section
 
 2           286-255(b);
 
 3     [(2)] (3)  Establishes the date on which administrative
 
 4           revocation proceedings against the arrestee were
 
 5           initiated; and
 
 6     [(3)] (4)  Serves as a temporary driver's permit [to drive]
 
 7           and temporary motor vehicle registration as provided in
 
 8           section 286-255."
 
 9      SECTION 5.  Section 286-254, Hawaii Revised Statutes, is
 
10 amended as follows:
 
11      1.  By amending subsections (b) to (e) to read as follows:
 
12      "(b)  The notice, when completed by the arresting officer
 
13 and issued to the arrestee, shall contain at a minimum the
 
14 following information relating to the arrest:
 
15      (1)  Information identifying the arrestee;
 
16      (2)  The specific violation for which the person was
 
17           arrested;
 
18      (3)  The date issued and the date the administrative
 
19           revocation is scheduled to go into effect;
 
20      (4)  That the arrestee was informed of the sanctions of this
 
21           part and of the consequences of refusing to be tested
 
22           for alcohol [content] concentration of the blood and
 
23           whether or not the arrestee consented to be tested;
 

 
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 1      (5)  The expiration date of the temporary driver's permit[;]
 
 2           and the temporary motor vehicle registration, if
 
 3           applicable; and
 
 4      (6)  That the arrest will be administratively reviewed.
 
 5      (c)  The notice shall provide, at a minimum, the following
 
 6 information relating to the administrative review:
 
 7      (1)  That the review is automatic;
 
 8      (2)  That the arrestee [may], within three days of the
 
 9           arrest, may submit written information demonstrating
 
10           why the arrestee's driver's license and motor vehicle
 
11           registration, if applicable, should not be
 
12           administratively revoked;
 
13      (3)  The address or location where the arrestee may submit
 
14           the information;
 
15      (4)  That the arrestee is not entitled to be present or
 
16           represented at the review; and
 
17      (5)  That the review decision shall be mailed to the
 
18           arrestee no later than eight days after the date of the
 
19           arrest.
 
20      (d)  The notice shall state that if the arrestee's license
 
21 is not administratively revoked after the review, the arrestee's
 
22 driver's license and motor vehicle registration and license
 
23 plates, if applicable, shall be returned, unless a subsequent
 

 
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 1 alcohol enforcement contact has occurred, along with a certified
 
 2 statement that the administrative revocation proceedings have
 
 3 been terminated.
 
 4      (e)  The notice shall state that if the arrestee's driver's
 
 5 license [is] and motor vehicle registration, if applicable, are
 
 6 administratively revoked after the review, a decision shall be
 
 7 mailed to the arrestee containing, at a minimum, the following
 
 8 information:
 
 9      (1)  The reasons why the arrestee's driver's license [was]
 
10           and motor vehicle registration, if applicable, were
 
11           administratively revoked;
 
12      (2)  That the arrestee may request the director, within six
 
13           days of the date the decision is mailed, to schedule an
 
14           administrative hearing to review the administrative
 
15           revocation;
 
16      (3)  That if the [arrestee requests] arrestee's request for
 
17           an administrative hearing is received within six days,
 
18           the hearing shall be scheduled to commence no later
 
19           than twenty-five days after the date of arrest;
 
20      (4)  The procedure to request an administrative hearing;
 
21      (5)  That failure to request an administrative hearing
 
22           within the time provided shall cause the administrative
 
23           revocation to take effect for the period and under the
 

 
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 1           conditions established by the director in the decision;
 
 2      (6)  That the arrestee may regain the right to a hearing by
 
 3           requesting the director, within sixty days after the
 
 4           arrest, to schedule a hearing;
 
 5      (7)  That the director shall schedule the hearing to
 
 6           commence no later than thirty days after the request is
 
 7           [made] received but that, except as provided in section
 
 8           286-259(k), the temporary permit shall not[, in any
 
 9           event,] be extended if the arrestee fails to request an
 
10           administrative hearing within the initial six-day
 
11           period provided for that purpose;
 
12      (8)  That failure to attend the hearing shall cause the
 
13           administrative revocation to take effect for the period
 
14           and under the conditions indicated; [and]
 
15      (9)  The duration of the administrative revocation and
 
16           other conditions [which] that may be imposed, including
 
17           referral to the driver's education program for alcohol
 
18           counseling[,] and alcohol treatment[, and installation
 
19           of an ignition interlock system.]; and
 
20     (10)  That the director may grant a special registration to a
 
21           qualified household member or to a co-owner of any
 
22           motor vehicle owned by the arrestee upon a
 
23           determination that the person is completely dependent
 

 
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 1           on the motor vehicle for the necessities of life;
 
 2           provided that the special registration shall not be
 
 3           valid for use by the arrestee."
 
 4      2.  By amending subsections (g) and (h) to read:
 
 5      "(g)  The notice shall state that if the administrative
 
 6 revocation is reversed after the hearing, the arrestee's driver's
 
 7 license and motor vehicle registration, if applicable, and any
 
 8 fees collected from the arrestee under this part shall be
 
 9 returned along with a certified statement that the administrative
 
10 revocation proceedings have been terminated.
 
11      (h)  The notice shall state that if the administrative
 
12 revocation is sustained at the hearing, a decision shall be
 
13 mailed to the arrestee containing, at a minimum, the following
 
14 information:
 
15      (1)  The effective date of the administrative revocation;
 
16      (2)  The duration of the administrative revocation;
 
17      (3)  The date by which all motor vehicle license plates
 
18           issued to the arrestee must be surrendered to the
 
19           director;
 
20      (4)  That failure to surrender all motor vehicle license
 
21           plates as required is a misdemeanor;
 
22     [(3)] (5)  Other conditions [which] that may be imposed by
 
23           law; and
 

 
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 1     [(4)] (6)  The right to obtain judicial review."
 
 2      SECTION 6.  Section 286-255, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§286-255  Arrest; procedures.(a)  Whenever a person is
 
 5 arrested for a violation of section 291-4 or 291-4.4, on a
 
 6 determination by the arresting officer that:
 
 7      (1)  There was reasonable suspicion to stop the motor
 
 8           vehicle, or that the motor vehicle was stopped at an
 
 9           intoxication and drug control roadblock established and
 
10           operated in compliance with sections 286-162.5 and
 
11           286-162.6; and
 
12      (2)  There was probable cause to believe that the arrestee
 
13           was driving, operating, or in actual physical control
 
14           of the motor vehicle while under the influence of
 
15           intoxicating liquor;
 
16 the arresting officer immediately shall take possession of any
 
17 license held by the person and request the arrestee to take a
 
18 test for concentration of alcohol in the blood.  The arresting
 
19 officer shall inform the person that the person has the option to
 
20 take a breath test, a blood test, or both.  The arresting officer
 
21 also shall inform the person of the sanctions under this part,
 
22 including the sanction for refusing to take a breath or a blood
 
23 test.  Thereafter, the arresting officer shall complete and issue
 

 
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 1 to the arrestee a notice of administrative revocation and shall
 
 2 indicate thereon whether the notice shall serve as a temporary
 
 3 driver's permit.  The notice shall serve as a temporary driver's
 
 4 permit, unless, at the time of arrest, the arrestee was
 
 5 unlicensed, the arrestee's license was revoked or suspended, or
 
 6 the arrestee had no license in the arrestee's possession.
 
 7      (b)  Whenever the police determine that, as the result of a
 
 8 blood test performed pursuant to section 286-163(b) and (c),
 
 9 there is probable cause to believe that a person being treated in
 
10 a hospital or medical facility has violated section 291-4[,] or
 
11 291-4.4, the police shall complete and issue to the person a
 
12 notice of administrative revocation and shall indicate thereon
 
13 whether the notice shall serve as a temporary driver's permit.
 
14 The notice shall serve as a temporary driver's permit unless, at
 
15 the time the notice was issued, the person was unlicensed, the
 
16 person's license was revoked or suspended, or the person had no
 
17 license in the person's possession.
 
18      (c)  Whenever an arrestee under this section is a repeat
 
19 intoxicated driver, the arresting officer shall take possession
 
20 of the motor vehicle registration and, if the motor vehicle being
 
21 driven by the arrestee is registered to the arrestee, remove the
 
22 license plates and issue a temporary motor vehicle registration
 
23 and temporary license plates for the motor vehicle.  No temporary
 

 
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 1 motor vehicle registration and license plates will be issued if
 
 2 the arrestee's registration has expired or been revoked.  The
 
 3 appropriate police department, upon determining that the arrestee
 
 4 is a repeat intoxicated driver, shall notify the appropriate
 
 5 county director of finance to enter a stopper on the motor
 
 6 vehicle registration files to prevent the arrestee from
 
 7 conducting any motor vehicle transactions, except as permitted
 
 8 under this part."
 
 9      SECTION 7.  Section 286-256, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§286-256  Immediate restoration of license[.] and motor
 
12 vehicle registration.  If a test conducted in accordance with
 
13 part VII and section 321-161 and the rules adopted thereunder
 
14 shows that the arrestee's alcohol concentration was less than
 
15 .08, the director or the arresting agency shall immediately
 
16 return the arrestee's driver's license and motor vehicle
 
17 registration and license plates, if applicable, along with a
 
18 certified statement that administrative revocation proceedings
 
19 have been terminated with prejudice."
 
20      SECTION 8.  Section 286-257, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "§286-257  Sworn statements of law enforcement officials.
 
23 (a)  Whenever a person:  is arrested for a violation of section
 

 
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 1 291-4 or 291-4.4 and submits to a test that establishes that the
 
 2 arrestee's alcohol concentration was .08 or more; or has been
 
 3 involved in a collision resulting in injury or death and a blood
 
 4 test performed pursuant to section 286-163 establishes that the
 
 5 person's alcohol concentration was .08 or more, the following
 
 6 shall be immediately forwarded to the director:
 
 7      (1)  A copy of the arrest report or the report of the
 
 8           officer who issued the notice of administrative
 
 9           revocation to the person involved in a collision
 
10           resulting in injury or death and the sworn statement of
 
11           the arresting officer or the officer who issued the
 
12           notice of administrative revocation stating facts that
 
13           establish that:
 
14           (A)  There was reasonable suspicion to stop the motor
 
15                vehicle, the motor vehicle was stopped at an
 
16                intoxication and drug control roadblock
 
17                established and operated in compliance with
 
18                sections 286-162.5 and 286-162.6, or the person
 
19                was tested pursuant to section 286-163;
 
20           (B)  There was probable cause to believe that the
 
21                arrestee had been driving, operating, or in actual
 
22                physical control of the motor vehicle while under
 
23                the influence of intoxicating liquor;
 

 
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 1           (C)  The arrestee was informed of the sanctions of this
 
 2                part, that criminal charges may be filed, and the
 
 3                consequences of refusing to be tested for alcohol
 
 4                concentration; and
 
 5           (D)  The arrestee agreed to be tested or the person was
 
 6                tested pursuant to section 286-163;
 
 7      (2)  The sworn statement of the person responsible for
 
 8           maintenance of the testing equipment stating facts that
 
 9           establish that pursuant to section 321-161 and rules
 
10           adopted thereunder:
 
11           (A)  The equipment used to conduct the test was
 
12                approved for use as an alcohol testing device in
 
13                this State;
 
14           (B)  The person had been trained and at the time the
 
15                test was conducted was certified and capable of
 
16                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      (3)  The sworn statement of the person who conducted the
 
21           test stating facts that establish that pursuant to
 
22           section 321-161 and rules adopted thereunder:
 
23           (A)  The person was trained and at the time the test
 

 
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 1                was conducted was certified and capable of
 
 2                operating the testing equipment;
 
 3           (B)  The person followed the procedures established for
 
 4                conducting the test;
 
 5           (C)  The equipment used to conduct the test functioned
 
 6                in accordance with operating procedures and
 
 7                indicated that the person's alcohol concentration
 
 8                was at, or above, the prohibited level; and
 
 9           (D)  The person whose breath or blood was tested was
 
10                the person arrested;
 
11      (4)  A copy of the notice of administrative revocation
 
12           issued to the arrestee;
 
13      (5)  Any driver's license and motor vehicle registration and
 
14           license plates, if applicable, taken into possession by
 
15           the arresting officer; and
 
16      (6)  A listing of any prior alcohol enforcement contacts
 
17           involving the arrestee.
 
18      (b)  Whenever a person is arrested for a violation of
 
19 section 291-4 or 291-4.4 and refuses to submit to a test to
 
20 determine alcohol concentration in the blood, the following shall
 
21 be immediately forwarded to the director:
 
22      (1)  A copy of the arrest report and the sworn statement of
 
23           the arresting officer stating facts that establish
 

 
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 1           that:
 
 2           (A)  There was reasonable suspicion to stop the motor
 
 3                vehicle or the motor vehicle was stopped at an
 
 4                intoxication control roadblock established and
 
 5                operated in compliance with sections 286-162.5 and
 
 6                286-162.6;
 
 7           (B)  There was probable cause to believe that the
 
 8                arrestee had been driving, operating, or in actual
 
 9                physical control of the motor vehicle while under
 
10                the influence of intoxicating liquor;
 
11           (C)  The arrestee was informed of the sanctions of this
 
12                part, that criminal charges may be filed, and the
 
13                probable consequences of refusing to be tested for
 
14                concentration of alcohol in the blood; and
 
15           (D)  The arrestee refused to be tested;
 
16      (2)  A copy of the notice of administrative revocation and
 
17           the temporary driver's permit and temporary motor
 
18           vehicle registration and temporary license plates, if
 
19           applicable, issued to the arrestee;
 
20      (3)  Any driver's license and motor vehicle registration and
 
21           license plates, if applicable, taken into possession;
 
22           and
 
23      (4)  A listing of all alcohol enforcement contacts involving
 

 
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 1           the arrestee."
 
 2      SECTION 9.  Section 286-258, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§286-258  Administrative review; procedures.  (a)  The
 
 5 director shall automatically review the issuance of a notice of
 
 6 administrative revocation, and a written decision
 
 7 administratively revoking the driver's license and motor vehicle
 
 8 registration, if applicable, or rescinding the notice of
 
 9 administrative revocation shall be mailed to the arrestee no
 
10 later than eight days after the date the notice was issued.
 
11      (b)  The arrestee shall have the opportunity to demonstrate
 
12 in writing why the arrestee's driver's license and motor vehicle
 
13 registration, if applicable, should not be administratively
 
14 revoked and shall submit any written information within three
 
15 days of the notice, either by mail or in person, to the
 
16 director's office or to any office or address designated by the
 
17 director for that purpose.
 
18      (c)  In conducting the administrative review, the director
 
19 shall consider:
 
20      (1)  Any sworn or unsworn statement or other evidence
 
21           provided by the arrestee;
 
22      (2)  The breath or blood test results, if any; and
 
23      (3)  The sworn statements of the law enforcement officials,
 

 
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 1           and other evidence or information required by section
 
 2           286-257.
 
 3      (d)  The director shall administratively revoke the
 
 4 arrestee's driver's license if the director determines that:
 
 5      (1)  There existed reasonable suspicion to stop the motor
 
 6           vehicle, the motor vehicle was stopped at an
 
 7           intoxication and drug control roadblock established and
 
 8           operated in compliance with sections 286-162.5 and
 
 9           286-162.6, or the person was tested pursuant to section
 
10           286-163;
 
11      (2)  There existed probable cause to believe that the
 
12           arrestee drove, operated, or was in actual physical
 
13           control of the motor vehicle while under the influence
 
14           of intoxicating liquor; and
 
15      (3)  The evidence proves by a preponderance that the
 
16           arrestee drove, operated, or was in actual physical
 
17           control of the motor vehicle while under the influence
 
18           of intoxicating liquor or while having an alcohol
 
19           concentration of .08 or more or that the arrestee
 
20           refused to submit to a breath or blood test after being
 
21           informed of the sanctions of this part.
 
22      (e)  The director shall administratively revoke the
 
23 registration of all vehicles owned or registered to the arrestee
 

 
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 1 and impound any license plate issued to the arrestee if the
 
 2 director determines that the arrestee is a repeat intoxicated
 
 3 driver and that:
 
 4      (1)  There existed reasonable suspicion to stop the motor
 
 5           vehicle, the motor vehicle was stopped at an
 
 6           intoxication and drug control roadblock established and
 
 7           operated in compliance with sections 286-162.5 and
 
 8           286-162.6, or the person was tested pursuant to section
 
 9           286-163;
 
10      (2)  There existed probable cause to believe that the
 
11           arrestee drove, operated, or was in actual physical
 
12           control of the motor vehicle while under the influence
 
13           of intoxicating liquor; and
 
14      (3)  The evidence proves by a preponderance that the
 
15           arrestee drove, operated, or was in actual physical
 
16           control of the motor vehicle while under the influence
 
17           of intoxicating liquor or while having an alcohol
 
18           concentration of .08 or more or that the arrestee
 
19           refused to submit to a breath or blood test after being
 
20           informed of the sanctions of this part.
 
21      [(e)] (f)  If the evidence does not support administrative
 
22 revocation, the director shall rescind the notice of
 
23 administrative revocation and return the arrestee's driver's
 

 
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 1 license and motor vehicle registration and license plates, if
 
 2 applicable, along with a certified statement that administrative
 
 3 revocation proceedings have been terminated.
 
 4      [(f)] (g)  If the director administratively revokes the
 
 5 arrestee's driver's license[,] and motor vehicle registration, if
 
 6 applicable, the director shall mail to the arrestee a written
 
 7 decision stating the reasons for the administrative revocation.
 
 8 The decision shall also indicate that the arrestee has six days
 
 9 from the date the decision is mailed to request an administrative
 
10 hearing to review the director's decision.  The decision shall
 
11 also explain the procedure by which to request an administrative
 
12 hearing, and shall be accompanied by a form, postage prepaid,
 
13 which the arrestee may fill out and mail in order to request an
 
14 administrative hearing.  The decision shall also inform the
 
15 arrestee of the right to review and copy all documents considered
 
16 at the review, including the arrest report and the sworn
 
17 statements of the law enforcement officials, prior to the
 
18 hearing.  Further, the decision shall state that the arrestee may
 
19 be represented by counsel at the hearing, submit evidence, give
 
20 testimony, and present and cross-examine witnesses, including the
 
21 arresting officer.  If the director revokes the arrestee's motor
 
22 vehicle registration and license plates, the director may destroy
 
23 any license plates recovered from or surrendered by the arrestee.
 

 
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 1 If the director later rescinds the revocation, the arrestee may
 
 2 apply for new plates pursuant to chapter 249.
 
 3      [(g)] (h)  Failure of the arrestee to request a hearing
 
 4 within the time provided in section 286-259(a) shall cause the
 
 5 administrative revocation to take effect for the period and under
 
 6 the conditions provided in the administrative review decision
 
 7 issued by the director under this section.  The arrestee may
 
 8 regain the right to a hearing by requesting the director, within
 
 9 sixty days of the arrest, to schedule a hearing.  The hearing
 
10 shall be scheduled to commence no later than thirty days after
 
11 the request is made.  The administrative review decision issued
 
12 by the director under this section shall clearly explain the
 
13 consequences of failure to request an administrative hearing and
 
14 the procedure by which the arrestee may regain the right to a
 
15 hearing."
 
16      SECTION 10.  Section 286-259, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§286-259  Administrative hearing.(a)  If the director
 
19 administratively revokes the arrestee's driver's license and
 
20 motor vehicle registration, if applicable, after administrative
 
21 review, the arrestee may request an administrative hearing to
 
22 review the decision within six days of the date the
 
23 administrative review decision is mailed.  The hearing shall be
 

 
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 1 scheduled to commence no later than twenty-five days from the
 
 2 date the notice of administrative revocation was issued.  The
 
 3 director may continue the hearing only as provided in subsection
 
 4 (j).
 
 5      (b)  The hearing shall be held at a place designated by the
 
 6 director, as close to the location of the arrest as practical.
 
 7      (c)  The arrestee may be represented by counsel.
 
 8      (d)  The director shall conduct the hearing and have
 
 9 authority to:
 
10      (1)  Administer oaths and affirmations;
 
11      (2)  Examine witnesses and take testimony;
 
12      (3)  Receive and determine the relevance of evidence;
 
13      (4)  Issue subpoenas, take depositions, or cause depositions
 
14           or interrogatories to be taken;
 
15      (5)  Regulate the course and conduct of the hearing; and
 
16      (6)  Make a final ruling.
 
17      (e)  The director shall affirm the administrative revocation
 
18 only if the director determines that:
 
19      (1)  There existed reasonable suspicion to stop the motor
 
20           vehicle, the motor vehicle was stopped at an
 
21           intoxication and drug control roadblock established and
 
22           operated in compliance with sections 286-162.5 and
 
23           286-162.6, or the person was tested pursuant to section
 

 
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 1           286-163;
 
 2      (2)  There existed probable cause to believe that the
 
 3           arrestee drove, operated, or was in actual physical
 
 4           control of the motor vehicle while under the influence
 
 5           of intoxicating liquor; and
 
 6      (3)  The evidence proves by a preponderance that the
 
 7           arrestee drove, operated, or was in actual physical
 
 8           control of the motor vehicle while under the influence
 
 9           of intoxicating liquor or while having an alcohol
 
10           concentration of .08 or more or that the arrestee
 
11           refused to submit to a breath or blood test after being
 
12           informed of the sanctions of this part.
 
13      (f)  In addition to subsection (e), the director shall
 
14 affirm the administrative revocation of the registration of all
 
15 motor vehicles owned by or registered to the arrestee only if the
 
16 director determines that the arrestee is a repeat intoxicated
 
17 driver.  If the director affirms the administrative revocation
 
18 pursuant to this subsection, the director shall order the
 
19 arrestee to surrender the license plates and motor vehicle
 
20 registrations of all motor vehicles owned by or registered to the
 
21 arrestee.
 
22      [(f)] (g)  The arrestee's prior alcohol enforcement contacts
 
23 shall be entered into evidence.
 

 
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 1      [(g)] (h)  The sworn statements provided in section 286-257
 
 2 shall be admitted into evidence.  Upon notice to the director no
 
 3 later than five days prior to the hearing that the arrestee
 
 4 wishes to examine a law enforcement official who made a sworn
 
 5 statement, the director shall issue a subpoena for the official
 
 6 to appear at the hearing.  If the official cannot appear, the
 
 7 official may at the discretion of the director testify by
 
 8 telephone.
 
 9      [(h)] (i)  The hearing shall be recorded in a manner to be
 
10 determined by the director.
 
11      [(i)] (j)  The director's decision shall be rendered in
 
12 writing and mailed to the arrestee no later than five days after
 
13 conclusion of the hearing.  If the decision is to reverse the
 
14 administrative revocation, the director shall return the
 
15 arrestee's driver's license [and any fees collected from the
 
16 arrestee under this part] and motor vehicle registration, if
 
17 applicable, along with a certified statement that administrative
 
18 revocation proceedings have been terminated.  If the decision
 
19 sustains the administrative revocation, the director shall mail
 
20 to the arrestee a written decision indicating the duration of the
 
21 administrative revocation and any other conditions or
 
22 restrictions as may be imposed pursuant to section 286-261.
 
23      [(j)] (k)  For good cause shown, the director may grant a
 

 
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 1 continuance either of the commencement of the hearing or of a
 
 2 hearing that has already commenced.  If a continuance is granted
 
 3 at the request of the director, the director shall extend the
 
 4 validity of the temporary driver's permit and temporary motor
 
 5 vehicle registration, if applicable, for a period not to exceed
 
 6 the period of the continuance.  If a continuance is granted at
 
 7 the request of the arrestee, the director shall not extend the
 
 8 validity of the temporary driver's permit[.] and temporary motor
 
 9 vehicle registration, if applicable.  For purposes of this
 
10 section a continuance means a delay in the commencement of the
 
11 hearing or an interruption of a hearing that has commenced other
 
12 than for recesses during the day or at the end of the day or
 
13 week.
 
14      (l)  The director may grant a special motor vehicle
 
15 registration, pursuant to section 286-8, to a qualified household
 
16 member or co-owner of any motor vehicle upon determination that
 
17 the person is dependent on the motor vehicle for the necessities
 
18 of life.  The special motor vehicle registration shall not be
 
19 valid for use by the arrestee.
 
20      [(k)] (m)  If the arrestee fails to appear at the hearing,
 
21 administrative revocation shall take effect for the period and
 
22 under the conditions established by the director in the
 
23 administrative review decision issued by the director under
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        


 1 section 286-258."
 
 2      SECTION 11.  Section 286-259.5, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "[[]§286-259.5[]]  Fees and costs.  The director shall be
 
 5 authorized to assess and collect a [$15] $30 fee from the
 
 6 arrestee for the costs of processing the arrestee's request for
 
 7 an administrative hearing to cover costs which include but should
 
 8 not be limited to the cost of photocopying documents, the
 
 9 issuance of subpoenas, conditional driver's license permits and
 
10 relicensing forms, interpreter services, law enforcement official
 
11 mileage fees, and other similar costs.  The director may waive
 
12 the fee in the case of indigent arrestees upon an appropriate
 
13 inquiry into the financial circumstances of the person seeking
 
14 the waiver and an affidavit or a certificate signed by such
 
15 person demonstrating the person's financial inability to pay the
 
16 fee."
 
17      SECTION 12.  Section 286-261, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§286-261  Effective date and period of administrative
 
20 revocation; criteria.  (a)  Unless an administrative revocation
 
21 is reversed or the temporary driver's license permit [is] and
 
22 temporary motor vehicle registration and temporary license
 
23 plates, if applicable, are extended by the director,
 

 
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 1 administrative revocation shall become effective on the day
 
 2 specified in the notice.  Except as provided in section 286-264,
 
 3 no driver's license nor motor vehicle registration and license
 
 4 plates, if applicable, shall be restored under any circumstances
 
 5 and no conditional permit shall be issued during the
 
 6 administrative revocation period.
 
 7      (b)  The periods of administrative revocation with respect
 
 8 to a driver's license and motor vehicle registration, if
 
 9 applicable, that [may] shall be imposed under this part are as
 
10 follows:
 
11      (1)  Three months[,] revocation of driver's license, if the
 
12           arrestee's driving record shows no prior alcohol
 
13           enforcement contacts during the five years preceding
 
14           the date of arrest;
 
15      (2)  One year revocation of driver's license and all
 
16           registrations of motor vehicles registered to the
 
17           arrestee if the arrestee's driving record shows one
 
18           prior alcohol enforcement contact during the five years
 
19           preceding the date of arrest;
 
20      (3)  Two years revocation of driver's license and all
 
21           registrations of motor vehicles registered to the
 
22           arrestee if the arrestee's driving record shows two
 
23           prior alcohol enforcement contacts during the seven
 

 
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 1           years preceding the date of arrest;
 
 2      (4)  [For life] Lifetime revocation of driver's license and
 
 3           prohibition on all subsequent motor vehicles
 
 4           registrations by the arrestee if the arrestee's driving
 
 5           record shows three or more prior alcohol enforcement
 
 6           contacts during the ten years preceding the date of
 
 7           arrest; or
 
 8      (5)  For arrestees under the age of eighteen years, the
 
 9           revocation of the driver's license for the period
 
10           remaining until the arrestee's eighteenth birthday, or
 
11           for the appropriate revocation period provided in
 
12           paragraphs (1) to (4) or in subsection [(c),] (d),
 
13           whichever is longer.
 
14      (c)  Whenever a motor vehicle registration is revoked under
 
15 this part, the director shall cause the revocation to be enter
 
16 electronically into the motor vehicle registration file of the
 
17 arrestee.
 
18      [(c)] (d)  The driver's license of an arrestee who refuses
 
19 to be tested after being informed of the sanctions of this part
 
20 shall be revoked under subsection (b)(1), (2), [and] (3), and (4)
 
21 for a period of one year, two years, [and] four years, and a life
 
22 time, respectively.
 
23      (e)  In addition to subsection (d), the motor vehicle
 

 
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 1 registration and license plates of an arrestee who is a repeat
 
 2 intoxicated driver and who refused to be tested after being
 
 3 informed of the sanctions of this part shall be revoked for the
 
 4 periods specified in subsection (d), and the arrestee shall be
 
 5 prohibited from subsequently registering any motor vehicle for
 
 6 the applicable revocation period.
 
 7      [(d)] (f)  Whenever a driver's license is administratively
 
 8 revoked under this part, the [offender] arrestee shall be
 
 9 referred to a certified substance abuse counselor for an
 
10 assessment of the [offender's] arrestee's alcohol abuse or
 
11 dependence and the need for treatment.  The counselor shall
 
12 submit a report with recommendations to the director.  If the
 
13 counselor's assessment establishes that the extent of the
 
14 [offender's] arrestee's alcohol abuse or dependence warrants
 
15 treatment, the director [may] shall so order.  All costs for
 
16 assessment and treatment shall be paid by the [offender.]
 
17 arrestee.
 
18      [(e)] (g)  Alcohol enforcement contacts that occurred prior
 
19 to August 1, 1991, shall be counted in determining the
 
20 administrative revocation period.
 
21      (h)  Alcohol enforcement contacts that occurred prior to the
 
22 effective date of this Act shall be counted in determining the
 
23 administrative revocation period for motor vehicle registration."
 

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

 
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 1 license revocation of thirty days if one or more of the following
 
 2 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      2.  By amending subsection (d) to read:
 
13      "(d)  A conditional permit may include restrictions allowing
 
14 the arrestee to drive: 
 
15      (1)  Only during hours of employment for activities solely
 
16           within the scope of the employment;
 
17      (2)  Only during daylight hours; or
 
18      (3)  Only for specified purposes or to specified
 
19           destinations.
 
20 In addition, the director may impose any other appropriate
 
21 restrictions[, including installation of an ignition interlock
 
22 system]."
 
23      SECTION 15.  Chapter 286, Hawaii Revised Statutes, is
 

 
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 1 amended by adding three new sections to part XIV to be
 
 2 appropriately designated and to read as follows:
 
 3      "§286-A  Failure to surrender license plates.  Any person
 
 4 who has had the person's motor vehicle registration and license
 
 5 plates revoked pursuant to this part and subsequently fails to
 
 6 comply with an order to surrender the motor vehicle license
 
 7 plates shall be guilty of a misdemeanor.
 
 8      §286-B  Special motor vehicle registration.  (a)  Within
 
 9 thirty days after the effective date of revocation or after the
 
10 administrative hearing decision is mailed pursuant to section
 
11 286-259(i), whichever is later, a qualified household family
 
12 member or co-owner of a motor vehicle with an arrestee who has
 
13 had a motor vehicle registration revoked under this part may
 
14 submit a sworn statement to the director requesting a special
 
15 motor vehicle registration.  The director may grant the request
 
16 upon determining that the following conditions have been met:
 
17      (1)  The applicant is a member of the arrestee's household
 
18           or co-owner of the vehicle;
 
19      (2)  The applicant has a driver's license that has not
 
20           expired or been suspended or revoked;
 
21      (3)  The applicant is completely dependent on the motor
 
22           vehicle for the necessities of life; and
 
23      (4)  The director finds that the applicant will take
 

 
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 1           reasonable precautions to ensure that the arrestee will
 
 2           not drive the vehicle.
 
 3 A person to whom a special motor vehicle registration has been
 
 4 granted shall apply to the appropriate county director of finance
 
 5 for special series license plates, as provided in section
 
 6 249-   .
 
 7      (b)  The director shall revoke the special motor vehicle
 
 8 registration if any conditions set forth in the application no
 
 9 longer exist.
 
10      (c)  The applicant shall be under an affirmative duty to
 
11 report to the director any changes in the conditions to the
 
12 special motor vehicle registration.
 
13      (d)  The director shall adopt rules, pursuant to chapter 91,
 
14 necessary to carry out the purposes of this section.
 
15      §286-C  Transferring vehicle prohibited; exceptions.  (a)  A
 
16 registered owner shall not sell or transfer a motor vehicle
 
17 during the time period the motor vehicle's registration has been
 
18 ordered revoked and license plates surrendered or during the time
 
19 the motor vehicle bears the special series license plates, unless
 
20 the registered owner applies to the administrative director of
 
21 the courts or the administrative director's appointee under
 
22 section 286-251 for consent to transfer title to the motor
 
23 vehicle.  If the director is satisfied that:
 

 
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 1      (1)  The proposed sale is in good faith and for a valid
 
 2           consideration;
 
 3      (2)  The registered owner will be deprived of the custody
 
 4           and control of the motor vehicle; and
 
 5      (3)  The sale is not for the purpose of circumventing the
 
 6           provisions of this part,
 
 7 the director may consent to the sale or transfer.  If the
 
 8 director consents, the director shall issue a certified copy of
 
 9 the written consent to the registered owner and forward a copy to
 
10 the appropriate county director of finance.
 
11      (b)  The county director of finance, upon proper application
 
12 and the presentation to the director of a certified copy of the
 
13 written consent to the sale or transfer of a motor vehicle, shall
 
14 transfer the certificate of title and ownership to the new owner
 
15 pursuant to chapter 286 and shall issue new license plates to the
 
16 new registered owner pursuant to chapter 249.
 
17      (c)  Notwithstanding subsections (a) and (b), if the title
 
18 to the motor vehicle is transferred by foreclosure of a chattel
 
19 mortgage, cancellation of a conditional sales contract, a sale
 
20 upon execution, or decree or order of a court of competent
 
21 jurisdiction, after the registration and license plates have been
 
22 revoked under this part, the county director of finance shall
 
23 transfer the certificate of title and ownership to the new owner
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        


 1 pursuant to chapter 286 and shall issue new license plates to the
 
 2 new registered owner pursuant to chapter 249."
 
 3      SECTION 16.  Section 286-265, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "§286-265  Eligibility for relicensing.  To be eligible for
 
 6 relicensing after a period of administrative revocation has
 
 7 expired, the person shall:
 
 8      (1)  Submit proof to the director of compliance with all
 
 9           conditions imposed by the director or by the court;
 
10      (2)  Obtain a certified statement from the director
 
11           indicating eligibility for relicensing;
 
12      (3)  Present the certified statement to the appropriate
 
13           driver licensing and motor vehicle registration
 
14           official; and
 
15      (4)  Successfully complete each requirement for obtaining a
 
16           new driver's license and motor vehicle registration, if
 
17           applicable, in this State including payment of all
 
18           applicable fees."
 
19      SECTION 17.  Chapter 249 Hawaii Revised Statutes, is amended
 
20 by adding a new section to be appropriately designated and to
 
21 read as follows:
 
22      "§249-    Special series plates.  A qualified household
 
23 member, as defined in section 286-251, or a co-owner of a motor
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        


 1 vehicle owned by an arrestee under part XIV of this chapter, who
 
 2 has been granted a special motor vehicle registration under
 
 3 section 286-B, shall apply to the appropriate county director of
 
 4 finance for special license plates that shall bear a special
 
 5 series of numbers or letter so as to be readily identifiable by
 
 6 law enforcement officers.  The director of finance may issue the
 
 7 special plates only if:
 
 8      (1)  The director of finance receives written approval for
 
 9           the issuance of special plates from the administrative
 
10           director of the courts or the administrative director's
 
11           appointee under section 286-251;
 
12      (2)  The qualified household member or a co-owner of the
 
13           motor vehicle has a driver's licence that has not
 
14           expired or been suspended or revoked; and
 
15      (3)  The applicant pays a fee for the special license plates
 
16           that is equal to the cost of the license plates and tag
 
17           or emblem, plus the administrative cost of furnishing
 
18           the plates and tag or emblem and effecting the
 
19           registration for each motor vehicle for which special
 
20           plates are issued."
 
21      SECTION 18.  Section 291-4, Hawaii Revised Statutes, is
 
22 amended by amending subsection (b) to read as follows:
 
23      "(b)  A person committing the offense of driving under the
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        


 1 influence of intoxicating liquor shall be sentenced as follows
 
 2 without possibility of probation or suspension of sentence:
 
 3      (1)  For the first offense, or any offense not preceded
 
 4           within a five-year period by a conviction for driving
 
 5           under the influence of intoxicating liquor under this
 
 6           section or section 291-4.4 by:
 
 7           (A)  A fourteen-hour minimum alcohol abuse
 
 8                rehabilitation program including education and
 
 9                counseling, or other comparable program deemed
 
10                appropriate by the court; and
 
11           (B)  Ninety-day prompt suspension of license with
 
12                absolute prohibition from operating a motor
 
13                vehicle during suspension of license, or the court
 
14                may impose, in lieu of the ninety-day prompt
 
15                suspension of license, a minimum thirty-day prompt
 
16                suspension of license with absolute prohibition
 
17                from operating a motor vehicle and, for the
 
18                remainder of the ninety-day period, a restriction
 
19                on the license that allows the person to drive for
 
20                limited work-related purposes and to participate
 
21                in alcoholism treatment programs; and
 
22           (C)  Any one or more of the following:
 
23                (i)  Seventy-two hours of community service work;
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        


 1               (ii)  Not less than forty-eight hours and not more
 
 2                     than five days of imprisonment; or
 
 3              (iii)  A fine of not less than $150 but not more
 
 4                     than $1,000.
 
 5      (2)  For an offense that occurs within five years of a prior
 
 6           conviction for driving under the influence of
 
 7           intoxicating liquor under this section or section
 
 8           291-4.4 by:
 
 9           (A)  Prompt suspension of license for a period of one
 
10                year with the absolute prohibition from operating
 
11                a motor vehicle during suspension of license;
 
12           (B)  Either one of the following:
 
13                (i)  Not less than [one] two hundred forty hours
 
14                     of community service work; or
 
15               (ii)  Not less than [forty-eight consecutive hours]
 
16                     five days but not more than fourteen days of
 
17                     imprisonment of which at least forty-eight
 
18                     hours shall be served consecutively; and
 
19           (C)  A fine of not less than $500 but not more than
 
20                $1,500.
 
21      (3)  For an offense that occurs within five years of two
 
22           prior convictions for driving under the influence of
 
23           intoxicating liquor under this section or section
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        


 1           291-4.4 by:
 
 2           (A)  A fine of not less than $500 but not more than
 
 3                $2,500;
 
 4           (B)  Revocation of license for a period not less than
 
 5                one year but not more than five years; and
 
 6           (C)  Not less than ten days but not more than thirty
 
 7                days imprisonment of which at least forty-eight
 
 8                hours shall be served consecutively.
 
 9      (4)  Any person eighteen years of age or older, who is
 
10           convicted under this section and who operated or
 
11           assumed actual physical control of a vehicle with a
 
12           passenger, in or on the vehicle, who was younger than
 
13           fifteen years of age, shall be sentenced to an
 
14           additional mandatory fine of $500, and an additional
 
15           mandatory term of imprisonment of forty-eight hours;
 
16           provided, however, that the total term of imprisonment
 
17           for a person convicted under this section shall not
 
18           exceed thirty days.
 
19      Notwithstanding any other law to the contrary, any
 
20 conviction for driving under the influence of intoxicating liquor
 
21 under this section or section 291-4.4 shall be considered a prior
 
22 conviction for purposes of imposing sentence under this section.
 
23      No license suspension or revocation shall be imposed
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        


 1 pursuant to this subsection if the person's license has
 
 2 previously been administratively revoked pursuant to part XIV of
 
 3 chapter 286 for the same offense; provided that, if the
 
 4 administrative revocation is subsequently reversed, the person's
 
 5 license shall be suspended or revoked as provided in this
 
 6 subsection."
 
 7      SECTION 19.  Section 291-4.4, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§291-4.4  Habitually driving under the influence of
 
10 intoxicating liquor or drugs.(a)  A person commits the offense
 
11 of habitually driving under the influence of intoxicating liquor
 
12 or drugs if, during a ten-year period the person has been
 
13 convicted three or more times for a driving under the influence
 
14 offense; and
 
15      (1)  The person operates or assumes actual physical control
 
16           of the operation of any vehicle while under the
 
17           influence of intoxicating liquor, meaning that the
 
18           person is under the influence of intoxicating liquor in
 
19           an amount sufficient to impair the person's normal
 
20           mental faculties or ability to care for oneself and
 
21           guard against casualty;
 
22      (2)  The person operates or assumes actual physical control
 
23           of the operation of any vehicle with .08 or more grams
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        


 1           of alcohol per one hundred milliliters or cubic
 
 2           centimeters of blood or .08 or more grams of alcohol
 
 3           per two hundred ten liters of breath; or
 
 4      (3)  A person operates or assumes actual physical control of
 
 5           the operation of any vehicle while under the influence
 
 6           of any drug which impairs such person's ability to
 
 7           operate the vehicle in a careful and prudent manner.
 
 8           The term "drug" as used in this section shall mean any
 
 9           controlled substance as defined and enumerated on
 
10           schedules I through IV of chapter 329.
 
11      (b)  For the purposes of this section, a driving under the
 
12 influence offense means a violation of this section or section
 
13 291-4, 291-7, or 707-702.5, or violation of laws in another
 
14 jurisdiction that requires proof of each element of the offenses
 
15 punishable under either this section or section 291-4, 291-7, or
 
16 707-702.5 if committed in Hawaii.
 
17      (c)  Habitually driving under the influence of intoxicating
 
18 liquor or drugs is a class C felony.  In addition to any other
 
19 penalty imposed, a person convicted under this section shall be
 
20 sentenced to:
 
21      (1)  Revocation of driver's license for not less than one
 
22           year; and
 
23      (2)  Not less than ten days but not more than thirty days
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        


 1           imprisonment of which at least forty-eight hours shall
 
 2           be served consecutively.
 
 3      No license suspension or revocation shall be imposed
 
 4 pursuant to this subsection if the person's license has
 
 5 previously been administratively revoked pursuant to part XIV of
 
 6 chapter 286 for the same offense; provided that, if the
 
 7 administrative revocation is subsequently reversed, the person's
 
 8 license shall be suspended or revoked as provided in this
 
 9 subsection.
 
10      (d)  Whenever a court sentences a person pursuant to
 
11 subsection (c), it also shall require that the offender be
 
12 referred to a substance abuse counselor who has been certified
 
13 pursuant to section 321-193 for an assessment of the offender's
 
14 alcohol abuse or dependence and the need for appropriate
 
15 treatment.  The counselor shall submit a report with
 
16 recommendations to the court.  The court shall require the
 
17 offender to obtain appropriate treatment if the counselor's
 
18 assessment establishes the offender's alcohol abuse or
 
19 dependence.
 
20      All cost for assessment or treatment or both shall be borne
 
21 by the offender."
 
22      SECTION 20.  In codifying the new sections added by section
 
23 15 of this Act, the revisor of statutes shall substitute
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        


 1 appropriate section numbers for the letters used in designating
 
 2 the new sections in this Act.
 
 3      SECTION 21.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 22.  This Act shall take effect on September 30,
 
 6 2000.
 

 
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