STAND. COM. REP. NO. 3049

Honolulu, Hawaii

RE: S.B. No. 2463

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2463, S.D. 1, 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 content threshold for driving while under the influence of an intoxicant.

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 County of Maui, Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Hawaii, Honolulu Police Department, one member of the Hawaiʻi County Council, one member of the Maui County Council, AAA Hawaiʻi, Hawaii Substance Abuse Coalition, Oahu Metropolitan Planning Organization, Mothers Against Drunk Driving, Hawaiʻi Public Health Institute, Hawaiʻi Alcohol Policy Alliance, Bold Like Britt, Keep It Flowing LLC, and fifteen individuals.

Your Committee received testimony in opposition to this measure from the Maui Chamber of Commerce; Lanikai Brewing Company; Beer Lab HI; Maui Brewing Co.; Maui Wine, Ltd.; Wine Institute; and four individuals.

Your Committee received comments on this measure from Kona Brewing Hawaii.

Your Committee finds that impaired driving continues to be a significant threat to public safety on the State's roads. According to the Fatality Analysis Reporting System, the State's fatal crash data revealed an average of thirty-four impaired driving-related fatalities annually from 2020-2024, representing approximately thirty-three percent of all traffic deaths. Your Committee further finds that under existing law, the blood alcohol content (BAC) threshold for driving while under the influence of an intoxicant is 0.08 grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath. However, laboratory and driving simulator studies have consistently shown that most adults, including experienced drinkers, are significantly impaired at 0.05 BAC. Critical driving-related skills such as divided attention, braking, tracking, perception, and reaction time are notably affected at this level. By lowering the legal BAC limit from 0.08 to 0.05, this measure serves as a catalyst for behavioral change, prompting individuals to make more responsible choices and utilize alternatives such as rideshare services, public transportation, or designated drivers when planning to consume alcohol.

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. 2463, S.D. 1, and recommends that it pass Third Reading.

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

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KARL RHOADS, Chair