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.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1756
HOUSE OF REPRESENTATIVES                H.B. NO.           
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 which do not have a
 
 5 repeat intoxicated driver law by October 1, 2000 will 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, 2001,
 
 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 which provides, as
 
13 a minimum penalty, that if a person has been convicted of a
 
14 previous driving under the influence violation:
 
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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                                     H.B. NO.           
                                                        
                                                        

 
 1           vehicles;
 
 2      (3)  An assessment of the individual's degree of abuse of
 
 3           alcohol and treatment; and
 
 4      (4)  Receive:
 
 5           (A)  For a second offense, not less than thirty days
 
 6                community service or five days of imprisonment;
 
 7                and
 
 8           (B)  For third and subsequent offenses, not less than
 
 9                sixty days community service or ten days of
 
10                imprisonment.
 
11      Accordingly, the purpose of this Act is to amend the law
 
12 relating to the administrative revocation of driver's licenses by
 
13 expanding that law to include the revocation of all motor vehicle
 
14 registrations issued to a driver who has been convicted of a
 
15 previous violation of driving under the influence of intoxicating
 
16 liquor (section 291-4, Hawaii Revised Statutes) or habitually
 
17 driving under the influence of intoxicating liquor or drugs
 
18 (section 291-4.4).  In addition, this Act increases the penalties
 
19 for subsequent convictions under section 291-4.
 
20      SECTION 2.  Section 286-251, Hawaii Revised Statutes, is
 
21 amended as follows:
 
22      1.  By adding two new definitions to be appropriately
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 inserted and to read as follows:
 
 2      ""Family member" means a member of the arrestee's household
 
 3 who has a valid driver's license.
 
 4      "Temporary vehicle registration" means the portion of the
 
 5 notice of administrative revocation which, when completed by the
 
 6 arresting officer, permits the arrestee to drive the vehicles
 
 7 registered in the name of the arrestee for thirty days or until
 
 8 such time as the director may establish under this part."
 
 9      2.  By amending the definition of "administrative
 
10 revocation" to read as follows:
 
11      ""Administrative revocation" means termination of the
 
12 arrestee's driver's license or all motor vehicles registered to
 
13 the arrestee, or both, pursuant to this part and does not include
 
14 any revocation imposed under section 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]
 
20      (2)  Any [driver's license] suspension or revocation of any
 
21           driver's license or motor vehicle registration, or
 
22           both, imposed by this or any other state or federal
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           jurisdiction for refusing to submit to a test for
 
 2           alcohol concentration in the person's blood; or [any]
 
 3      (3)  Any conviction in this or any other state or federal
 
 4           jurisdiction for driving, operating, or being in
 
 5           physical control of a motor vehicle while having an
 
 6           unlawful concentration of alcohol in the blood, or
 
 7           while under the influence of alcohol.
 
 8      "Arrestee" means a person arrested for violation of section
 
 9 291-4 or 291-4.4 and, for purposes of this part, also refers to a
 
10 person from whom a blood sample has been drawn pursuant to
 
11 section 286-163, because there was probable cause to believe that
 
12 the person has violated section 291-4[.] or 291-4.4."
 
13      SECTION 3.  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 privilege in
 
18           this State shall be terminated thirty days after the
 
19           date of arrest or such later date as is established by
 
20           the director under section 286-259 if the director
 
21           administratively revokes the arrestee's license;
 
22      (2)  Establishes that the registrations of all motor
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           vehicles registered to the arrestee shall be terminated
 
 2           thirty days after the date of arrest following a
 
 3           previous conviction of section 291-4 or 291-4.4;
 
 4     [(2)] (3)  Establishes the date on which administrative
 
 5           revocation proceedings against the arrestee were
 
 6           initiated; and
 
 7     [(3)] (4)  Serves as a temporary permit to drive as provided
 
 8           in section 286-255."
 
 9      SECTION 4.  Section 286-254, Hawaii Revised Statutes, is
 
10 amended as follows:
 
11      1.  By amending subsections (a) 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 of the blood and whether or not the
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           arrestee consented to be tested;
 
 2      (5)  The expiration date of the temporary driver's permit[;]
 
 3           and the temporary motor vehicle registration; 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 should not be administratively revoked;
 
12      (3)  The address or location where the arrestee may submit
 
13           the information;
 
14      (4)  That the arrestee is not entitled to be present or
 
15           represented at the review; and
 
16      (5)  That the review decision shall be mailed to the
 
17           arrestee no later than eight days after the date of the
 
18           arrest.
 
19      (d)  The notice shall state that if the arrestee's license
 
20 is not administratively revoked after the review, the arrestee's
 
21 driver's license, motor vehicle registration, or both shall be
 
22 returned along with a certified statement that the administrative
 

 
 
 
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 1 revocation proceedings have been terminated.
 
 2      (e)  The notice shall state that if the arrestee's [is]
 
 3 driver's license or motor vehicle registration, or both, are
 
 4 administratively revoked after the review, a decision shall be
 
 5 mailed to the arrestee containing, at a minimum, the following
 
 6 information:
 
 7      (1)  The reasons why the arrestee's driver's license [was]
 
 8           and motor vehicle registration, or both, were
 
 9           administratively revoked;
 
10      (2)  That the arrestee may request the director, within six
 
11           days of the date the decision is mailed, to schedule an
 
12           administrative hearing to review the administrative
 
13           revocation;
 
14      (3)  That if the arrestee requests an administrative hearing
 
15           within six days, the hearing shall be scheduled to
 
16           commence no later than twenty-five days after the date
 
17           of arrest;
 
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;
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

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

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

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

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1    [(4)]  (5)  The right to obtain judicial review."
 
 2      SECTION 5.  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
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

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

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 person's license was revoked or suspended, or the person had no
 
 2 license in the person's possession."
 
 3      SECTION 6.  Section 286-256, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "§286-256  Immediate restoration of license[.] and motor
 
 6 vehicle registration.  If a test conducted in accordance with
 
 7 part VII and section 321-161 and the rules adopted thereunder
 
 8 shows that the arrestee's alcohol concentration was less than
 
 9 .08, the director or the arresting agency shall immediately
 
10 return the arrestee's driver's license and motor vehicle
 
11 registration along with a certified statement that administrative
 
12 revocation proceedings have been terminated with prejudice."
 
13      SECTION 7.  Section 286-257, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§286-257  Sworn statements of law enforcement officials.
 
16 (a)  Whenever a person:  is arrested for a violation of section
 
17 291-4 or 291-4.4 and submits to a test that establishes that the
 
18 arrestee's alcohol concentration was .08 or more; or has been
 
19 involved in a collision resulting in injury or death and a blood
 
20 test performed pursuant to section 286-163 establishes that the
 
21 person's alcohol concentration was .08 or more, the following
 
22 shall be immediately forwarded to the director:
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (1)  A copy of the arrest report or the report of the
 
 2           officer who issued the notice of administrative
 
 3           revocation to the person involved in a collision
 
 4           resulting in injury or death and the sworn statement of
 
 5           the arresting officer or the officer who issued the
 
 6           notice of administrative revocation stating facts that
 
 7           establish that:
 
 8           (A)  There was reasonable suspicion to stop the motor
 
 9                vehicle, the motor vehicle was stopped at an
 
10                intoxication and drug control roadblock
 
11                established and operated in compliance with
 
12                sections 286-162.5 and 286-162.6, or the person
 
13                was tested pursuant to section 286-163;
 
14           (B)  There was probable cause to believe that the
 
15                arrestee had been driving, operating, or in actual
 
16                physical control of the motor vehicle while under
 
17                the influence of intoxicating liquor;
 
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; and
 
22           (D)  The arrestee agreed to be tested or the person was
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1                tested pursuant to section 286-163;
 
 2      (2)  The sworn statement of the person responsible for
 
 3           maintenance of the testing equipment stating facts that
 
 4           establish that pursuant to section 321-161 and rules
 
 5           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 sworn statement of the person who conducted the
 
16           test stating facts that establish that pursuant to
 
17           section 321-161 and rules adopted thereunder:
 
18           (A)  The person was trained and at the time the test
 
19                was conducted was certified and capable of
 
20                operating the testing equipment;
 
21           (B)  The person followed the procedures established for
 
22                conducting the test;
 

 
 
 
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                                     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)  A copy of the notice of administrative revocation
 
 8           issued to the arrestee;
 
 9      (5)  Any driver's license, motor vehicle registration and
 
10           license plate, or all three items, taken into
 
11           possession by the arresting officer; and
 
12      (6)  A listing of any prior alcohol enforcement contacts
 
13           involving the arrestee.
 
14      (b)  Whenever a person is arrested for a violation of
 
15 section 291-4 or 291-4.4 and refuses to submit to a test to
 
16 determine alcohol concentration in the blood, the following shall
 
17 be immediately forwarded to the director:
 
18      (1)  A copy of the arrest report and the sworn statement of
 
19           the arresting officer stating facts that establish
 
20           that:
 
21           (A)  There was reasonable suspicion to stop the motor
 
22                vehicle or the motor vehicle was stopped at an
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1                intoxication control roadblock established and
 
 2                operated in compliance with sections 286-162.5 and
 
 3                286-162.6;
 
 4           (B)  There was probable cause to believe that the
 
 5                arrestee had been driving, operating, or in actual
 
 6                physical control of the motor vehicle while under
 
 7                the influence of intoxicating liquor;
 
 8           (C)  The arrestee was informed of the sanctions of this
 
 9                part, that criminal charges may be filed, and the
 
10                probable consequences of refusing to be tested for
 
11                concentration of alcohol in the blood; and
 
12           (D)  The arrestee refused to be tested;
 
13      (2)  A copy of the notice of administrative revocation and
 
14           the temporary permit issued to the arrestee;
 
15      (3)  Any driver's license, motor vehicle registration and
 
16           license plate, or all three items, taken into
 
17           possession; and
 
18      (4)  A listing of all alcohol enforcement contacts involving
 
19           the arrestee."
 
20      SECTION 8.  Section 286-258, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "§286-258  Administrative review; procedures.  (a)  The
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 director shall automatically review the issuance of a notice of
 
 2 administrative revocation, and a written decision
 
 3 administratively revoking the driver's license, motor vehicle
 
 4 registration, or both, or rescinding the notice of administrative
 
 5 revocation shall be mailed to the arrestee no later than eight
 
 6 days after the date the notice was issued.
 
 7      (b)  The arrestee shall have the opportunity to demonstrate
 
 8 in writing why the arrestee's driver's license, motor vehicle
 
 9 registration, or both, should not be administratively revoked and
 
10 shall submit any written information within three days of the
 
11 notice, either by mail or in person, to the director's office or
 
12 to any office or address designated by the director for that
 
13 purpose.
 
14      (c)  In conducting the administrative review, the director
 
15 shall consider:
 
16      (1)  Any sworn or unsworn statement or other evidence
 
17           provided by the arrestee;
 
18      (2)  The breath or blood test results, if any; and
 
19      (3)  The sworn statements of the law enforcement officials,
 
20           and other evidence or information required by section
 
21           286-257.
 
22      (d)  [The] Except as provided in subsection (e), the
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 director shall administratively revoke the arrestee's driver's
 
 2 license, motor vehicle registration, or both, if the director
 
 3 determines 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)  The director shall administratively revoke the
 
22 registration of all vehicles owned or registered to the arrestee
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 and impound the arrestee's license plates if the director
 
 2 determines that:
 
 3      (1)  There existed reasonable suspicion to stop the motor
 
 4           vehicle, the motor vehicle was stopped at an
 
 5           intoxicating and drug control roadblock established and
 
 6           operated in compliance with sections 286-162.5 and
 
 7           286-162.6, or the person was tested pursuant to section
 
 8           286-163;
 
 9      (2)  There existed probable cause to believe that the
 
10           arrestee drove, operated, or was in actual physical
 
11           control of the motor vehicle while under the influence
 
12           of intoxicating liquor;
 
13      (3)  The evidence proves by a preponderance that the
 
14           arrestee drove, operated, or was in actual physical
 
15           control of the motor vehicle while under the influence
 
16           of intoxicating liquor or while having an alcohol
 
17           concentration of .08 or more or that the arrestee
 
18           refused to submit to a breath or blood test after being
 
19           informed of the sanctions of this part; and
 
20      (4)  The arrestee has a previous conviction under section
 
21           291-4 or 291-4.4.
 
22      [(e)] (f)  If the evidence does not support administrative
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

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

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

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

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 no later than twenty-five days from the date the notice of
 
 2 administrative revocation was issued.  The director may continue
 
 3 the hearing only as provided in subsection (j).
 
 4      (b)  The hearing shall be held at a place designated by the
 
 5 director, as close to the location of the arrest as practical.
 
 6      (c)  The arrestee may be represented by counsel.
 
 7      (d)  The director shall conduct the hearing and have
 
 8 authority to:
 
 9      (1)  Administer oaths and affirmations;
 
10      (2)  Examine witnesses and take testimony;
 
11      (3)  Receive and determine the relevance of evidence;
 
12      (4)  Issue subpoenas, take depositions, or cause depositions
 
13           or interrogatories to be taken;
 
14      (5)  Regulate the course and conduct of the hearing; and
 
15      (6)  Make a final ruling.
 
16      (e)  If the director in the final ruling revokes the
 
17 driver's license, the director shall order the arrestee to
 
18 surrender the license plates and motor vehicle registrations of
 
19 all motor vehicles owned or registered to the arrestee if there
 
20 was a prior conviction under section 291-4 or 291-4.4.
 
21      [(e)] (f)  The director shall affirm the administrative
 
22 revocation only if the director determines that:
 

 
 
 
Page 23                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1      (1)  There existed reasonable suspicion to stop the motor
 
 2           vehicle, the motor vehicle was stopped at an
 
 3           intoxication and drug control roadblock established and
 
 4           operated in compliance with sections 286-162.5 and
 
 5           286-162.6, or the person was tested pursuant to section
 
 6           286-163;
 
 7      (2)  There existed probable cause to believe that the
 
 8           arrestee drove, operated, or was in actual physical
 
 9           control of the motor vehicle while under the influence
 
10           of intoxicating liquor; and
 
11      (3)  The evidence proves by a preponderance 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 or while having an alcohol
 
15           concentration of .08 or more or that the arrestee
 
16           refused to submit to a breath or blood test after being
 
17           informed of the sanctions of this part.
 
18      (g)  In addition to subsection (f), the director shall
 
19 affirm the administrative revocation of the registration of all
 
20 vehicles owned by or registered to the arrestee only if the
 
21 director determines that the arrestee was previously convicted of
 
22 section 291-4 or 291-4.4.
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

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

 
 
 
Page 25                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1 administrative revocation and any other conditions or
 
 2 restrictions as may be imposed pursuant to section 286-261.
 
 3      [(j)] (l)  For good cause shown, the director may grant a
 
 4 continuance either of the commencement of the hearing or of a
 
 5 hearing that has already commenced.  If a continuance is granted
 
 6 at the request of the director, the director shall extend the
 
 7 validity of the temporary permit for a period not to exceed the
 
 8 period of the continuance.  If a continuance is granted at the
 
 9 request of the arrestee, the director shall not extend the
 
10 validity of the temporary permit.  For purposes of this section a
 
11 continuance means a delay in the commencement of the hearing or
 
12 an interruption of a hearing that has commenced other than for
 
13 recesses during the day or at the end of the day or week.
 
14      (m)  The director may grant a restricted motor vehicle
 
15 registration to a family member or co-owner of any motor vehicle
 
16 upon determination that the person is completely dependent on the
 
17 motor vehicle for the necessities of life.  The restricted motor
 
18 vehicle registration shall not be valid for use by the arrestee.
 
19 The operation of a motor vehicle in a manner inconsistent with
 
20 the restricted motor vehicle license plate registration shall
 
21 have the same effect as operating an unlicensed motor vehicle.
 
22      [(k)] (n)  If the arrestee fails to appear at the hearing,
 

 
 
 
Page 26                                                    1756
                                     H.B. NO.           
                                                        
                                                        

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

 
 
 
Page 27                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1      "§286-261  Effective date and period of administrative
 
 2 revocation; criteria.  (a)  Unless an administrative revocation
 
 3 is reversed or the temporary driver's license permit [is],
 
 4 temporary motor vehicle registration, or temporary license
 
 5 plates, or all three, issued under this part, are extended by the
 
 6 director, administrative revocation shall become effective on the
 
 7 day specified in the notice.  Except as provided in section
 
 8 286-264, no driver's license, motor vehicle registration, or
 
 9 both, shall be restored under any circumstances and no
 
10 conditional permit shall be issued during the administrative
 
11 revocation period.
 
12      (b)  The periods of administrative revocation with respect
 
13 to a driver's license, motor vehicle registration, or both that
 
14 [may] shall be imposed under this part are as follows:
 
15      (1)  Three months[,] revocation of driver's license, if the
 
16           arrestee's driving record shows no prior alcohol
 
17           enforcement contacts during the five years preceding
 
18           the date of arrest;
 
19      (2)  One year revocation of driver's license and all
 
20           registrations of motor vehicles registered to the
 
21           arrestee if the arrestee's driving record shows one
 
22           prior alcohol enforcement contact during the five years
 

 
 
 
Page 28                                                    1756
                                     H.B. NO.           
                                                        
                                                        

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

 
 
 
Page 29                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1 both, of an arrestee who refuses to be tested after being
 
 2 informed of the sanctions of this part shall be revoked under
 
 3 subsection (b)(1), (2), [and] (3), and (4) for a period of one
 
 4 year, two years, [and] four years, and life time, respectively.
 
 5      (e)  In addition to subsection (d), the motor vehicle
 
 6 registration of an arrestee previously convicted under section
 
 7 291-4 of 291-4.4 shall be prohibited from any subsequent motor
 
 8 vehicle registration by the arrestee.
 
 9      [(d)] (f)  Whenever a driver's license [is], motor vehicle
 
10 registration, or both, are administratively revoked under this
 
11 part, the offender shall be referred to a certified substance
 
12 abuse counselor for an assessment of the offender's alcohol abuse
 
13 or dependence and the need for treatment.  The counselor shall
 
14 submit a report with recommendations to the director.  If the
 
15 counselor's assessment establishes that the extent of the
 
16 offender's alcohol abuse or dependence warrants treatment, the
 
17 director may so order.  All costs for assessment and treatment
 
18 shall be paid by the offender.
 
19      [(e)] (g)  Alcohol enforcement contacts that occurred prior
 
20 to August 1, 1991, shall be counted in determining the
 
21 administrative revocation period.
 
22      (h)  Enforcement contacts that occurred prior to the
 

 
 
 
Page 30                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1 effective date of this subsection shall be counted in determining
 
 2 the administrative revocation period for motor vehicle
 
 3 registration."
 
 4      SECTION 12.  Section 286-262, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]§286-262[]]  Notice to other states.  When a
 
 7 nonresident's driving license's privilege or motor vehicle
 
 8 registration administratively revoked under this part, the
 
 9 director shall notify, in writing, the officials in charge of
 
10 traffic control or public safety in the nonresident's home state
 
11 and in any other state in which the nonresident has driving
 
12 license privileges or motor vehicle registration of the action
 
13 taken in this State and shall return to the appropriate issuing
 
14 authority in the other states any driver's license or motor
 
15 vehicle plate and motor vehicle registration seized under section
 
16 286-255."
 
17      SECTION 13.  Section 286-264, Hawaii Revised Statutes, is
 
18 amended as follows:
 
19      1.  By amending the title and subsection (a) to read:
 
20      "§286-264  Conditional driver's license permits.  (a)  If an
 
21 arrestee subject to administrative revocation under this part
 
22 submitted to a breath or blood test and has had no prior alcohol
 

 
 
 
Page 31                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1 enforcement contacts during the five years preceding the date of
 
 2 arrest, the director, at the request of the arrestee at the
 
 3 administrative hearing, may issue a conditional driver's permit
 
 4 allowing the arrestee to drive after a minimum period of absolute
 
 5 license revocation of thirty days if one or more of the following
 
 6 conditions are met:
 
 7      (1)  The arrestee is gainfully employed in a position that
 
 8           requires driving and will be discharged if the
 
 9           arrestee's driving privileges are administratively
 
10           revoked; or
 
11      (2)  The arrestee has no access to alternative
 
12           transportation and therefore must drive to work or to a
 
13           substance abuse treatment facility or counselor for
 
14           treatment ordered by the director under section
 
15           286-261."
 
16      2.  By amending subsection (d) to read:
 
17      "(d)  A conditional permit may include restrictions allowing
 
18 the arrestee to drive: 
 
19      (1)  Only during hours of employment for activities solely
 
20           within the scope of the employment;
 
21      (2)  Only during daylight hours; or
 
22      (3)  Only for specified purposes or to specified
 

 
 
 
Page 32                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1           destinations.
 
 2 In addition, the director may impose any other appropriate
 
 3 restrictions[, including installation of an ignition interlock
 
 4 system]."
 
 5      SECTION 14.  Chapter 286, Hawaii Revised Statutes, is
 
 6 amended by adding a new section to be appropriately designated
 
 7 and to read as follows:
 
 8      "§286-     Restricted motor vehicle registration.  (a)  A
 
 9 qualified family member or co-owner of a motor vehicle with an
 
10 arrestee who has had a motor vehicle registration revoked under
 
11 this part may submit a sworn statement to the director requesting
 
12 a restricted registration within thirty days of the final
 
13 decision.  The director may grant the request upon determining
 
14 that the following conditions have been met:
 
15      (1)  The applicant is a member of the arrestee's household
 
16           or co-owner of the vehicle;
 
17      (2)  The applicant has a valid driver's license;
 
18      (3)  The applicant is completely dependent on the motor
 
19           vehicle for the necessities of life; and
 
20      (4)  The director finds that the applicant will take
 
21           reasonable precautions to insure that the arrestee will
 
22           not drive the vehicle.
 

 
 
 
Page 33                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1      (b)  The director shall revoke the restricted registration
 
 2 if any conditions set forth in the application no longer exist or
 
 3 the arrestee has driven the vehicle in violation of this part.
 
 4      (c)  The applicant shall be under an affirmative duty to
 
 5 report to the director any changes to the conditions of the
 
 6 restricted license."
 
 7      SECTION 15.  Section 286-265, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§286-265  Eligibility for relicensing.  To be eligible for
 
10 relicensing after a period of administrative revocation has
 
11 expired, the person shall:
 
12      (1)  Submit proof to the director of compliance with all
 
13           conditions imposed by the director or by the court;
 
14      (2)  Obtain a certified statement from the director
 
15           indicating eligibility for relicensing;
 
16      (3)  Present the certified statement to the appropriate
 
17           driver and motor vehicle registration licensing
 
18           official; and
 
19      (4)  Successfully complete each requirement for obtaining a
 
20           new driver's license or motor vehicle registration in
 
21           this State including payment of all applicable fees."
 
22      SECTION 16.  Section 249-7, Hawaii Revised Statutes, is
 

 
 
 
Page 34                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1 amended to read as follows:
 
 2      "§249-7 Number plates.(a)  Upon receipt of the tax the
 
 3 director of finance shall number and register the vehicle in the
 
 4 owner's name in a permanent record or book to be kept by the
 
 5 director for this purpose, and shall furnish the owner thereof
 
 6 with a receipt showing upon its face the license number issued
 
 7 for the vehicle and the fact that the license tax has been paid
 
 8 thereon for the whole or the remainder of the current year in
 
 9 which the receipt is issued.  The director of finance shall also
 
10 furnish the owner, upon the original registration of the vehicle,
 
11 two number plates for the vehicle or one plate in the case of
 
12 trailers, semitrailers, or motorcycles with the registration
 
13 number marked thereon.  Upon the payment of the tax for each year
 
14 a tag or emblem bearing a serial number and the month and year of
 
15 expiration shall be provided to the owner.  Transfer of current
 
16 number plates, tag, or emblem, except as authorized by this
 
17 chapter or by chapter 286, is punishable by a fine of not more
 
18 than $50 for each offense.
 
19      (b)  Upon the arrest of a person for a violation of section
 
20 291-4 or 291-4.4, who has a previous conviction for a violation
 
21 of section 291-4 or 291-4.4, the administrative driver's license
 
22 revocation officer shall electronically cause to be entered in
 

 
 
 
Page 35                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1 the vehicle registration file a sanction to prevent the arrestee
 
 2 from conducting any vehicle registration transactions until the
 
 3 expiration of the revocation period.
 
 4      (c)  Upon notification from the administrative driver's
 
 5 license revocation officer that a motor vehicle registration has
 
 6 been revoked for a specific period of time resulting from an
 
 7 arrest for a violation of section 291-4 or 291-4.4, and the
 
 8 arrestee had a previous conviction for a violation of section
 
 9 291-4 or 291-4 and a restricted license plate registration has
 
10 been issued to another person as designated by the administrative
 
11 driver's license revocation officer, the director shall issue a
 
12 restricted license plate that shall be valid for the remainder of
 
13 that year in which the tax has been paid.  The person to whom the
 
14 restricted registration has been issued shall renew the
 
15 registration upon the expiration of the restricted motor vehicle
 
16 registration.
 
17      [(b)] (d)  Upon an original registration the director of
 
18 finance shall fix, and shall charge to the owner, a fee equal to
 
19 the cost of the number plate and tag or emblem plus the
 
20 administrative cost of furnishing the plate and tag or emblem and
 
21 effecting the registration.  Upon the issuance of a new series of
 
22 number plates as determined by the directors of finance of each
 

 
 
 
Page 36                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1 county through majority consent, the director of finance shall
 
 2 charge the owner a fee equal to the costs of the number plate
 
 3 plus the administrative cost of furnishing the plates.  Upon
 
 4 issuing a tag or emblem, the director of finance shall charge the
 
 5 owner a fee of 50 cents.  The owner shall securely fasten the
 
 6 number plates on the vehicle, one on the front and the other on
 
 7 the rear, at a location provided by the manufacturer or in the
 
 8 absence of such a location upon the bumpers of the vehicle and in
 
 9 conformance with section 291-31, in such a manner as to prevent
 
10 the plates from swinging and at a minimum of twelve inches from
 
11 the ground.  Number plates shall at all times be displayed
 
12 entirely unobscured and be kept reasonably clean.  In the case of
 
13 trailers, semitrailers, or motorcycles, one plate shall be used
 
14 and it shall be fastened to the rear thereof at a location
 
15 provided by the manufacturer or in the absence of such a location
 
16 at the rear thereof, and in the case of motorcycles in
 
17 conformance with section 291-31.
 
18      [(c)] (e)  Upon the issuance of the tag or emblem the owner
 
19 shall affix the tag or emblem to the top right portion of the
 
20 rear number plate, except that all vehicles owned by the State,
 
21 any county government, any board of water supply, and official
 
22 representatives of any foreign governments shall be issued
 

 
 
 
Page 37                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1 registrations which need be renewed only in the new plate issue
 
 2 year.
 
 3      [(d)] (f)  After the initial payment of the tax and the
 
 4 original registration of a vehicle as herein specified, a motor
 
 5 vehicle shall not be required to be reweighed in any succeeding
 
 6 year unless it has been so altered or changed as to increase or
 
 7 diminish its weight.  No new number plates shall, however, be
 
 8 issued to a new owner except as provided in sections 249-7.5 and
 
 9 249-8.
 
10      [(e)] (g)  If an owner of a vehicle registered in any
 
11 county, upon the disposition of the vehicle, requests that the
 
12 license plates furnished to the owner with respect to the
 
13 registration of the vehicle be assigned to another vehicle
 
14 subsequently acquired by the owner, the assignment may be made by
 
15 the director of finance at the director's discretion.  To defray
 
16 additional administrative costs incurred by acceding to those
 
17 requests, the director of finance shall charge a fee of $5 for
 
18 each reassignment of license plates, in addition to the fee for
 
19 registration.  The procedure for registering the vehicles shall
 
20 otherwise be identical with that provided by this section."
 
21      SECTION 17.  Section 291-4, Hawaii Revised Statutes, is
 
22 amended by amending subsection (b) to read as follows:
 

 
 
 
Page 38                                                    1756
                                     H.B. NO.           
                                                        
                                                        

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

 
 
 
Page 39                                                    1756
                                     H.B. NO.           
                                                        
                                                        

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

 
 
 
Page 40                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1                $1,500.
 
 2      (3)  For an offense that occurs within five years of two
 
 3           prior convictions for driving under the influence of
 
 4           intoxicating liquor under this section or section
 
 5           291-4.4 by:
 
 6           (A)  A fine of not less than $500 but not more than
 
 7                $2,500;
 
 8           (B)  Revocation of license for a period not less than
 
 9                one year but 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                two hundred and forty hours shall be served
 
13                consecutively[.]; and
 
14           (D)  Not less than four hundred and eighty hours of
 
15                community services.
 
16      (4)  Any person eighteen years of age or older, who is
 
17           convicted under this section and who operated or
 
18           assumed actual physical control of a vehicle with a
 
19           passenger, in or on the vehicle, who was younger than
 
20           fifteen years of age, shall be sentenced to an
 
21           additional mandatory fine of $500, and an additional
 
22           mandatory term of imprisonment of forty-eight hours;
 

 
 
 
Page 41                                                    1756
                                     H.B. NO.           
                                                        
                                                        

 
 1           provided, however, that the total term of imprisonment
 
 2           for a person convicted under this section shall not
 
 3           exceed thirty days.
 
 4      Notwithstanding any other law to the contrary, any
 
 5 conviction for driving under the influence of intoxicating liquor
 
 6 under this section or section 291-4.4 shall be considered a prior
 
 7 conviction for purposes of imposing sentence under this section.
 
 8      No license suspension or revocation shall be imposed
 
 9 pursuant to this subsection if the person's license has
 
10 previously been administratively revoked pursuant to part XIV of
 
11 chapter 286 for the same offense; provided that, if the
 
12 administrative revocation is subsequently reversed, the person's
 
13 license shall be suspended or revoked as provided in this
 
14 subsection."
 
15      SECTION 18.  This Act does not affect rights and duties that
 
16 matured, penalties that were incurred, and proceedings that were
 
17 begun, before its effective date.
 
18      SECTION 19.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 20.  This Act shall take effect upon its approval.
 
21 
 
22                           INTRODUCED BY:_________________________