STAND. COM. REP. NO. 2832

Honolulu, Hawaii

RE: S.B. No. 2384

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2384 entitled:

"A BILL FOR AN ACT RELATING TO THE USE OF INTOXICANTS WHILE OPERATING A VEHICLE,"

begs leave to report as follows:

The purpose and intent of this measure is to lower the blood alcohol concentration threshold for driving while under the influence of alcohol from 0.08 to 0.05.

Your Committee received testimony in support of this measure from the National Transportation Safety Board, Office of the Governor, Department of Transportation, Department of Health, Department of the Prosecuting Attorney of the City and County of Honolulu, Department of the Prosecuting Attorney of the County of Maui, Office of the Prosecuting Attorney of the County of Kauaʻi, Office of the Prosecuting Attorney of the County of Hawaiʻi, Honolulu Police Department, Hawaiʻi Police Department, one member of the Hawaiʻi County Council, Oahu Metropolitan Planning Organization, Mothers Against Drunk Driving Hawaii, Hawaiʻi Alcohol Policy Alliance, Smart Start LLC, Advocates for Highway and Auto Safety, FIA Foundation, Kids and Car Safety, Liam's Life Foundation, National Safety Council, .05 Saves Lives Coalition, Trauma Foundation, Keala Foundation, Hawaii Substance Abuse Coalition, Lokahi Treatment Centers, SparksInitiatives, Maui Coalition for a Drug-Free Youth, U.S. Alcohol Policy Alliance, Maikaʻi Cleaning Services LLC, and thirty-nine individuals.

Your Committee received testimony in opposition to this measure from the Office of the Public Defender, Mahalo Aleworks, Big Island Brewhaus, Kauai Beer Company, Lanikai Brewing Company, Maui Chamber of Commerce, Craft ʻOhana, and three individuals.

Your Committee received comments on this measure from one individual.

Your Committee finds that there is growing concern regarding impaired driving in the State, as intoxicated driving is the leading cause of traffic fatalities and leaves permanent impacts on the lives of innocent people. In 2013, the National Transportation Safety Board recommended that all fifty states adopt a blood alcohol concentration (BAC) limit of 0.05 compared to the 0.08 BAC standard, which would save approximately five hundred to eight hundred lives annually across the country. Your Committee further finds that there is an increasing rate of fatal crashes in the State involving intoxicated drivers. In 2021, there were one hundred twenty-seven drivers involved in deadly crashes, which increased to one hundred sixty-five drivers involved in fatal crashes in 2022. In addition, your Committee believes that lowering the BAC to .05 will have a strong deterrent effect and discourage impaired driving in the State. Accordingly, this measure creates stronger safeguards against intoxicated driving while ensuring greater protection of roadway users and the State's communities.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2384 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair