REPORT TITLE:
DUI; ADLR


DESCRIPTION:
Amends driving impaired statutes to consolidate and conform
offenses relating to operating a vehicle while using an
intoxicant.  Makes conforming amendments. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1881
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO USE OF INTOXICANTS.



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

 1      SECTION 1.  House Concurrent Resolution No. 26, H.D. 2,
 
 2 S.D. 1 (1998), entitled "Requesting the Department of
 
 3 Transportation to Review Hawaii's Impaired Driving Statutes and
 
 4 to Make Recommendations for Uniform Statutory Construction",
 
 5 directed the department of transportation to:  review Hawaii's
 
 6 impaired driving statutes to identify inconsistent statutory
 
 7 provisions, including disparate punishment provisions for similar
 
 8 offenses and provisions conferring a right to jury trial for some
 
 9 impaired driving offenses but not others; and make
 
10 recommendations and draft appropriate legislation to create more
 
11 uniform and consistent impaired driving statutes.  The department
 
12 of transportation solicited input in this effort from the
 
13 governor's highway safety council impaired driving task force
 
14 (task force).  The task force is made up of over seventy-five
 
15 individuals and organizations from around the State.  Members
 
16 include representatives from the department of health, police,
 
17 prosecutors, defense bar, judiciary, administrative drivers'
 
18 license revocation office, emergency room physicians, Mothers
 
19 Against Drunk Driving, and others.  The task force's efforts have
 

 
Page 2                                                     1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 resulted in proposed legislation that consolidates many
 
 2 provisions and provides for uniform and consistent treatment of
 
 3 impaired driving and boating offenses.
 
 4      It is the intent of the legislature to provide, where
 
 5 appropriate, uniform provisions, rights, and penalties, including
 
 6 immediate license revocation under the administrative revocation
 
 7 of license provisions and the same rights with respect to jury
 
 8 trials, for impaired driving and boating offenders.  The
 
 9 legislature further intends that individuals who are charged
 
10 under this Act with an offense for operating a vehicle, including
 
11 a vessel underway, under the influence of an intoxicant shall not
 
12 be entitled to a jury trial if the maximum term of imprisonment
 
13 for the offense does not exceed thirty days.
 
14      The legislature has previously taken steps to indicate its
 
15 intent that defendants charged with driving under the influence
 
16 of intoxicating liquor not be entitled to a jury trial.  In Act
 
17 128, Session Laws of Hawaii 1993, the legislature clearly stated
 
18 its intent that the first offense of driving under the influence
 
19 of intoxicating liquor is a "petty offense" in the constitutional
 
20 sense and reduced the maximum possible penalty to ensure that
 
21 defendants charged with a first offense not be entitled to a jury
 
22 trial.  After finding a critical need to relieve the then
 
23 existing first circuit court congestion of driving under the
 

 
Page 3                                                     1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 influence of intoxicating liquor cases awaiting jury trial, the
 
 2 legislature again took action in Act 226, Session Laws of Hawaii
 
 3 1995, to reduce the maximum terms of imprisonment for second and
 
 4 third offenses of driving under the influence of intoxicating
 
 5 liquor.  The maximum term of imprisonment for a second offense
 
 6 was reduced from sixty to fourteen days and for a third offense
 
 7 from one hundred eighty to thirty days to ensure that defendants
 
 8 charged with these offenses are not entitled to jury trials.
 
 9      Furthermore, the legislature notes that in State v. Lindsey,
 
10 77 Haw. 162 (1994), the Hawaii supreme court ruled that "if the
 
11 maximum term of imprisonment for a particular offense does not
 
12 exceed thirty days, it is presumptively a petty offense to which
 
13 the right to a jury trial does not attach."  The court further
 
14 stated that the "presumption can be overcome only in
 
15 extraordinary cases when consideration of other ... factors ...
 
16 unequivocally demonstrates that society demands that persons
 
17 charged with the offense at issue be afforded the right to a jury
 
18 trial."  Consequently, the legislature finds and intends that a
 
19 term of imprisonment not to exceed thirty days will not entitle a
 
20 defendant under this Act to a jury trial.
 
21      The legislature also is mindful that the statutory changes
 
22 proposed in this Act will require the judiciary and law
 
23 enforcement agencies to develop new procedures and forms to
 

 
Page 4                                                     1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 ensure compliance.  The legislature believes that an enactment
 
 2 date of July 1, 2001, will provide sufficient time to accommodate
 
 3 these development timetables.
 
 4      Accordingly, the purpose of this Act is to consolidate, for
 
 5 purposes of uniformity and consistency, where appropriate, the
 
 6 provisions relating to operating a vehicle while using an
 
 7 intoxicant.
 
 8      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
 9 a new chapter to be appropriately designated and to read as
 
10 follows:
 
11                             "CHAPTER
 
12           USE OF INTOXICANTS WHILE OPERATING A VEHICLE
 
13                    PART I.  GENERAL PROVISIONS
 
14      §   -1  Definitions.  As used in this chapter, unless the
 
15 context otherwise requires:
 
16      "Administrative revocation" means termination of the
 
17 respondent's driver's vehicle license or the privilege to operate
 
18 a vessel underway on or in the waters of the State pursuant to
 
19 part III, but does not include any revocation imposed under
 
20 section    -81.
 
21      "Alcohol" means the product of distillation of any fermented
 
22 liquid, regardless of whether rectified, whatever may be the
 
23 origin thereof, and includes ethyl alcohol, lower aliphatic
 

 
Page 5                                                     1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 alcohol, and phenol as well as synthetic ethyl alcohol, but not
 
 2 denatured or other alcohol that is considered not potable under
 
 3 the customs laws of the United States.
 
 4      "Alcohol concentration" means either grams of alcohol per
 
 5 one hundred milliliters or cubic centimeters of blood or grams of
 
 6 alcohol per two hundred ten liters of breath.
 
 7      "Alcohol enforcement contact" means:  any administrative
 
 8 revocation ordered pursuant to part III; any administrative
 
 9 revocation ordered pursuant to part XIV of chapter 286, as that
 
10 part was in effect on June 30, 2001; any driver's license
 
11 suspension or revocation or any suspension or revocation of a
 
12 privilege to operate a vessel underway imposed by this or any
 
13 other state or federal jurisdiction for refusing to submit to a
 
14 test for alcohol concentration; or any conviction in this State
 
15 for operating or being in physical control of a vehicle while
 
16 having an unlawful alcohol concentration or while under the
 
17 influence of alcohol; or a conviction in any other state or
 
18 federal jurisdiction for an offense that is comparable to
 
19 operating or being in physical control of a vehicle while having
 
20 an unlawful alcohol concentration or while under the influence of
 
21 alcohol.
 
22      "Certified substance abuse counselor" means any person
 
23 certified by the department of health pursuant to section
 

 
Page 6                                                     1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 321-193(10), or any other substance abuse specialist or medical
 
 2 practitioner the director of health may appoint to carry out the
 
 3 functions of a certified substance abuse counselor under this
 
 4 chapter.
 
 5      "Director" means the administrative director of the courts
 
 6 or any other person within the judiciary appointed by the
 
 7 director to conduct administrative reviews or hearings or carry
 
 8 out other functions relating to administrative revocation under
 
 9 part III.
 
10      "Drug" means any controlled substance, as defined and
 
11 enumerated on schedules I through IV of chapter 329, or its
 
12 metabolites.
 
13      "Drug enforcement contact" means:  any administrative
 
14 revocation ordered pursuant to part III; any administrative
 
15 revocation ordered pursuant to part XIV of chapter 286, as that
 
16 part was in effect on June 30, 2001; any driver's license
 
17 suspension or revocation or any suspension or revocation of a
 
18 privilege to operate a vessel underway imposed by this or any
 
19 other state or federal jurisdiction for refusing to submit to a
 
20 test for drug concentration in the person's blood or urine; or
 
21 any conviction in this State for operating or being in physical
 
22 control of a vehicle while having an unlawful drug content in the
 
23 blood or urine or while under the influence of drugs; or a
 

 
Page 7                                                     1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 conviction in any other state or federal jurisdiction for an
 
 2 offense that is comparable to operating or being in physical
 
 3 control of a vehicle while having an unlawful drug content in the
 
 4 blood or urine or while under the influence of drugs.
 
 5      "Impair" means to weaken, to lessen in power, to diminish,
 
 6 to damage, or to make worse by diminishing in some material
 
 7 respect or otherwise affecting in an injurious manner.
 
 8      "Intoxicant" means alcohol or any drug or any combination.
 
 9      "Law enforcement officer" means any public servant, whether
 
10 employed by the State, a county, or by the United States, vested
 
11 by law with a duty to maintain public order or to make arrests
 
12 for offenses or to enforce the criminal laws, and includes a
 
13 conservation and resources enforcement officer as defined in
 
14 section 199-3.
 
15      "License" means any driver's license or any other license or
 
16 permit to operate a motor vehicle issued under, or granted by,
 
17 the laws of this State and includes:
 
18      (1)  Any learner's permit or instruction permit;
 
19      (2)  The privilege of any person to operate a motor vehicle,
 
20           regardless of whether the person holds a valid license;
 
21      (3)  Any nonresident's operating privilege; and
 
22      (4)  The eligibility, including future eligibility, of any
 
23           person to apply for a license or privilege to operate a
 

 
Page 8                                                     1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           motor vehicle.
 
 2      "Measurable amount of alcohol" means a test result equal to
 
 3 or greater than .02 but less than .08 grams of alcohol per one
 
 4 hundred milliliters or cubic centimeters of blood or equal to or
 
 5 greater than .02 but less than .08 grams of alcohol per two
 
 6 hundred ten liters of breath.
 
 7      "Motor vehicle" has the same meaning as in section 286-2.
 
 8      "Nonresident's operating privilege" means the privilege
 
 9 conferred by law upon a nonresident to operate a vehicle in this
 
10 State.
 
11      "Notice of administrative revocation" or "notice" means the
 
12 written notice issued to the respondent pursuant to section
 
13    -33.
 
14      "Operate" means to drive or assume actual physical control
 
15 of a vehicle upon a public way, street, road, or highway or to
 
16 navigate or otherwise use or assume physical control of a vessel
 
17 underway on or in the waters of the State.
 
18      "Operator" means a person who drives or assumes actual
 
19 physical control of a vehicle or a person who operates,
 
20 navigates, or who has an essential role in the operation of a
 
21 vessel underway.
 
22      "Public way, street, road, or highway" includes:
 
23      (1)  The entire width, including beam and shoulder, of every
 

 
Page 9                                                     1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           road, alley, street, way, right of way, lane, trail,
 
 2           highway, or bridge;
 
 3      (2)  A parking lot, when any part thereof is open for use by
 
 4           the public or to which the public is invited for
 
 5           entertainment or business purposes;
 
 6      (3)  Any bicycle lane, bicycle path, bicycle route, bikeway,
 
 7           controlled-access highway, laned roadway, roadway, or
 
 8           street, as defined in section 291C-1; or
 
 9      (4)  Any public highway, as defined in section 264-1.
 
10      "Respondent" means a person to whom a notice of
 
11 administrative revocation has been issued following an arrest for
 
12 a violation of section    -81 or following the collection of a
 
13 blood or urine sample from the person, pursuant to section
 
14    -21, because there was probable cause to believe that the
 
15 person has violated section    -81.
 
16      "State" means:  any state or possession of the United
 
17 States; the District of Columbia; the Commonwealth of Puerto
 
18 Rico; the United States Virgin Islands; American Samoa; Guam; any
 
19 province or territory of the Dominion of Canada; and the
 
20 Commonwealth of the Northern Mariana Islands, except when the
 
21 word, in context, clearly refers to the State of Hawaii.
 
22      "Substance" and "substance abuse" have the same meanings as
 
23 provided in section 321-191.
 

 
Page 10                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      "Temporary permit" means that portion of the notice of
 
 2 administrative revocation that, when completed by a law
 
 3 enforcement officer, permits the respondent to operate a vehicle
 
 4 for thirty days in the case of an alcohol related offense and
 
 5 forty-four days in the case of a drug related offense or until
 
 6 such time as the director may establish under part III.
 
 7      "Under the influence of an intoxicant" means that a person
 
 8 is:
 
 9      (1)  Under the influence of alcohol in an amount sufficient
 
10           to impair the person's normal mental faculties or
 
11           ability to care for the person and guard against
 
12           casualty; or
 
13      (2)  Under the influence of any drug that impairs the
 
14           person's ability to operate the vehicle in a careful
 
15           and prudent manner.
 
16      "Underway" means that a vessel is not at anchor, made fast
 
17 to the shore, or aground.
 
18      "Vehicle" includes a:
 
19      (1)  Motor vehicle as defined in section 286-2;
 
20      (2)  Vessel.
 
21      "Vessel" means all description of watercraft that are used
 
22 or are capable of being used as a means of transportation on or
 
23 in the water.
 

 
Page 11                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      "Waters of the State" means any waters within the
 
 2 jurisdiction of the State, the marginal seas adjacent to the
 
 3 State, and the high seas when navigated as part of a journey or
 
 4 ride to or from the shore of the State.
 
 5      §   -2 Medical services.  The several county and state
 
 6 government physicians shall, or any other qualified person may,
 
 7 make whatever tests and analyses as may be requested of them by
 
 8 any law enforcement officer in connection with the determination
 
 9 of whether a person is or was under the influence of an
 
10 intoxicant or has consumed a measurable amount of alcohol for any
 
11 purpose under this chapter.
 
12      §   -3 Evidence of intoxication.(a)  In any criminal
 
13 prosecution for a violation of section    -81 or in any
 
14 proceeding under part III:
 
15      (1)  .08 or more grams of alcohol per one hundred
 
16           milliliters or cubic centimeters of the person's blood;
 
17      (2)  .08 or more grams of alcohol per two hundred ten liters
 
18           of the person's breath; or
 
19      (3)  The presence of one or more drugs that impairs the
 
20           person's ability to operate a vehicle in a careful and
 
21           prudent manner,
 
22 within three hours after the time of the alleged violation as
 
23 shown by chemical analysis or other approved analytical
 

 
Page 12                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 techniques of the person's blood, breath, or urine shall be
 
 2 competent evidence that the person was under the influence of an
 
 3 intoxicant at the time of the alleged violation.
 
 4      (b)  In any criminal prosecution for a violation of section
 
 5    -81, the amount of alcohol found in the defendant's blood or
 
 6 breath within three hours after the time of the alleged violation
 
 7 as shown by chemical analysis or other approved analytical
 
 8 techniques of the defendant's blood or breath shall be competent
 
 9 evidence that the defendant was under the influence of an
 
10 intoxicant at the time of the alleged violation and shall give
 
11 rise to the following presumptions:
 
12      (1)  If there were .05 or less grams of alcohol per one
 
13           hundred milliliters or cubic centimeters of defendant's
 
14           blood or .05 or less grams of alcohol per two hundred
 
15           ten liters of defendant's breath, it shall be presumed
 
16           that the defendant was not under the influence of
 
17           alcohol at the time of the alleged violation; and
 
18      (2)  If there were in excess of .05 grams of alcohol per one
 
19           hundred milliliters or cubic centimeters of defendant's
 
20           blood or .05 grams of alcohol per two hundred ten
 
21           liters of defendant's breath, but less than .08 grams
 
22           of alcohol per one hundred milliliters or cubic
 
23           centimeters of defendant's blood or .08 grams of
 

 
Page 13                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           alcohol per two hundred ten liters of defendant's
 
 2           breath, that fact may be considered with other
 
 3           competent evidence in determining whether the defendant
 
 4           was under the influence of alcohol at the time of the
 
 5           alleged violation, but shall not of itself give rise to
 
 6           any presumption.
 
 7      (c)  Nothing in this section shall be construed as limiting
 
 8 the introduction, in any criminal proceeding for a violation
 
 9 under section    -81 or in any proceeding under part III, of
 
10 relevant evidence of a person's alcohol concentration or drug
 
11 content obtained more than three hours after an alleged
 
12 violation; provided that the evidence is offered in compliance
 
13 with the Hawaii rules of evidence.
 
14      §   -4 Convictions and acts prior to July 1, 2001.(a)
 
15 Any:
 
16      (1)  Conviction for an offense under section 200-81, 291-4,
 
17           291-4.4, or 291-7, as those sections were in effect on
 
18           June 30, 2001; or
 
19      (2)  Conviction in any other state or federal jurisdiction
 
20           for an offense that is comparable to operating or being
 
21           in physical control of a vehicle while having either an
 
22           unlawful alcohol concentration in the blood or an
 
23           unlawful drug content in the blood or urine or while
 

 
Page 14                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           under the influence of an intoxicant;
 
 2 shall be counted as a prior offense for purposes of section
 
 3    -41 or    -81.
 
 4      (b)  Any conviction of an offense under section 291-4,
 
 5 291-4.4, or 291-7 as those sections were in effect on June 30,
 
 6 2001, shall be counted for purposes of imposing sentence for a
 
 7 violation under section    -82.
 
 8               PART II.  TESTING AND IMPLIED CONSENT
 
 9      §   -11  Implied consent of operator of vehicle to submit to
 
10 testing to determine alcohol concentration and drug content.(a)
 
11 Any person who operates a vehicle upon a public way, street,
 
12 road, or highway or on or in the waters of the State shall be
 
13 deemed to have given consent, subject to this part, to a test or
 
14 tests approved by the director of health of the person's breath,
 
15 blood, or urine for the purpose of determining alcohol
 
16 concentration or drug content of the person's breath, blood, or
 
17 urine, as applicable.
 
18      (b)  The test or tests shall be administered at the request
 
19 of a law enforcement officer having probable cause to believe the
 
20 person operating a vehicle upon a public way, street, road, or
 
21 highway or on or in the waters of the State is under the
 
22 influence of an intoxicant or is under the age of twenty-one and
 
23 has consumed a measurable amount of alcohol concentration, only
 

 
Page 15                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 after:
 
 2      (1)  A lawful arrest; and
 
 3      (2)  The person has been informed by a law enforcement
 
 4           officer of the sanctions under part III and section
 
 5              -85;
 
 6      (c)  If there is probable cause to believe that a person is
 
 7 in violation of section    -84, as a result of being under the
 
 8 age of twenty-one and having consumed a measurable amount of
 
 9 alcohol, or section    -81, as a result of having consumed
 
10 alcohol, then the person shall take a breath or blood test, or
 
11 both, for the purpose of determining the alcohol concentration.
 
12      (d)  If there is probable cause to believe that a person is
 
13 in violation of section    -81, as a result of having consumed
 
14 any drug, then the person shall take a blood or urine test, or
 
15 both, for the purpose of determining the drug content.  Drug
 
16 content shall be measured by the presence of any drug or its
 
17 metabolic products or both.
 
18      (e)  A person who chooses to submit to a breath test under
 
19 subsection (c) also may be requested to submit to a blood or
 
20 urine test, if the officer has probable cause to believe that the
 
21 person was operating a vehicle under the influence of any drug
 
22 under section    -81 and the officer has probable cause to
 
23 believe that a blood or urine test will reveal evidence of the
 

 
Page 16                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 person being under the influence of any drug.  The officer shall
 
 2 state in the officer's report the facts upon which that belief is
 
 3 based.  The person shall take a blood or urine test, or both, for
 
 4 the purpose of determining the person's drug content.  Results of
 
 5 a blood or urine test conducted to determine drug content also
 
 6 shall be admissible for the purpose of determining the person's
 
 7 alcohol concentration.  Submission to testing for drugs under
 
 8 subsection (d) or this subsection shall not be a substitute for
 
 9 alcohol tests requested under subsection (c).
 
10      (f)  Any person tested pursuant to this section who is
 
11 convicted or has the person's license suspended or revoked
 
12 pursuant to this chapter may be ordered to reimburse the county
 
13 for the cost of any blood or urine tests, or both, conducted
 
14 pursuant to this section.  If reimbursement is so ordered, the
 
15 court or the director, as applicable, shall order the person to
 
16 make restitution in a lump sum, or in a series of prorated
 
17 installments, to the police department or other agency incurring
 
18 the expense of the blood or urine test, or both.
 
19      §   -12  Persons qualified to take blood specimen.  No
 
20 person, other than a physician, registered nurse, phlebotomist
 
21 deemed qualified by the director of a clinical laboratory that is
 
22 licensed by the State, or person licensed in a clinical
 
23 laboratory occupation under section 321-13, may withdraw blood
 

 
Page 17                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 for the purpose of determining the alcohol concentration or drug
 
 2 content therein.  This limitation shall not apply to the taking
 
 3 of a breath or urine specimen.
 
 4      §   -13  Additional tests.  The person tested may choose any
 
 5 physician, registered nurse, or person licensed in a clinical
 
 6 laboratory occupation under section 321-13 to withdraw blood and
 
 7 also may choose any qualified person to administer a test or
 
 8 tests in addition to any administered at the direction of a law
 
 9 enforcement officer.  The result of the test or tests may be used
 
10 as provided in section    -3.  The failure or inability to obtain
 
11 an additional test by a person shall not preclude the admission
 
12 of the test or tests administered at the direction of a law
 
13 enforcement officer.  Upon the request of the person who is
 
14 tested, full information concerning the test or tests
 
15 administered shall be made available to that person.
 
16      §   -14  Consent of person incapable of refusal not
 
17 withdrawn.  The consent of a person deemed to have given the
 
18 person's consent pursuant to section    -11 shall not be
 
19 withdrawn by reason of the person's being dead, unconscious, or
 
20 in any other condition that renders the person incapable of
 
21 consenting to examination, and the test may be given.  In such
 
22 event, a test of the person's blood or urine shall be
 
23 administered.
 

 
Page 18                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      §   -15  Refusal to submit to breath, blood, or urine test;
 
 2 subject to administrative revocation proceedings.  If a person
 
 3 under arrest refuses to submit to a breath, blood, or urine test,
 
 4 none shall be given, except as provided in section    -21, but
 
 5 the person shall be subject to the procedures and sanctions under
 
 6 part III or section    -85, as applicable.
 
 7      §   -16  Proof of refusal; admissibility.  If a legally
 
 8 arrested person refuses to submit to a test of the person's
 
 9 breath, blood, or urine, evidence of refusal shall be admissible
 
10 only in a proceeding under part III or section    -85 and shall
 
11 not be admissible in any other action or proceeding, whether
 
12 civil or criminal.
 
13      §   -17  Other evidence not excluded.  This part shall not
 
14 limit the introduction of any other competent evidence bearing on
 
15 the question of whether the person was under the influence of an
 
16 intoxicant or was operating a vehicle while under the age of
 
17 twenty-one and after consuming a measurable amount of alcohol.
 
18      §   -18  Test results to be collected.  The results of any
 
19 test for intoxicants made upon any person, including any person
 
20 who has been fatally injured in a traffic collision or the
 
21 operator of a vehicle involved in a collision that resulted in
 
22 another person's death, shall be sent to the state director of
 
23 transportation, who shall compile the data without revealing the
 

 
Page 19                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 identity of any individual tested.  This data shall be available
 
 2 only to the state and county highway safety councils and to other
 
 3 agencies the director of transportation deems necessary and
 
 4 advisable.
 
 5      §   -19  Authorization to establish intoxicant control
 
 6 roadblock programs.  The police departments of the respective
 
 7 counties may establish and implement intoxicant control roadblock
 
 8 programs in accordance with the minimum standards and guidelines
 
 9 provided in section    -20.  The chief of police in any county
 
10 establishing an intoxicant control roadblock program pursuant to
 
11 this section shall specify the procedures to be followed in
 
12 carrying out the program in rules adopted under chapter 91;
 
13 provided that the procedures shall be in conformity with and not
 
14 more intrusive than the standards and guidelines described in
 
15 section    -20.  In the case of internal police standards that do
 
16 not fall within the definition of "rule" under section 91-1(4),
 
17 failure to comply scrupulously with such internal police
 
18 procedures shall not invalidate a roadblock that otherwise meets
 
19 the minimum statutory criteria provided in section    -20.
 
20      §   -20  Minimum standards for roadblock procedures.(a)
 
21 Every intoxicant control roadblock program shall:
 
22      (1)  Require that all vehicles approaching roadblocks be
 
23           stopped or that certain vehicles be stopped by
 

 
Page 20                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           selecting vehicles in a specified numerical sequence or
 
 2           pattern;
 
 3      (2)  Require that roadblocks be located at fixed locations
 
 4           for a maximum three-hour period;
 
 5      (3)  Provide for the following minimum safety precautions at
 
 6           every roadblock:
 
 7           (A)  Proper illumination;
 
 8           (B)  Off-road or otherwise safe and secure holding
 
 9                areas for vehicles involved in any roadblock stop;
 
10           (C)  Uniformed law enforcement officers carrying proper
 
11                identification;
 
12           (D)  Adequate advance warning of the fact and purpose
 
13                of the roadblocks, either by sign posts, flares,
 
14                or other alternative methods;
 
15           (E)  Termination of roadblocks at the discretion of the
 
16                law enforcement officer in charge where traffic
 
17                congestion would otherwise result; and
 
18      (4)  Provide for a sufficient quantity and visibility of
 
19           uniformed officers and official vehicles to ensure
 
20           speedy compliance with the purpose of the roadblocks
 
21           and to move traffic with a minimum of inconvenience.
 
22      (b)  Nothing in this section shall prohibit the
 
23 establishment of procedures to make roadblock programs less
 

 
Page 21                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 intrusive than required by the minimum standards provided in this
 
 2 section.
 
 3      §   -21  Applicable scope of part; mandatory testing in the
 
 4 event of a collision resulting in injury or death.(a)  Nothing
 
 5 in this part shall be construed to prevent a law enforcement
 
 6 officer from obtaining a sample of breath, blood, or urine, from
 
 7 the operator of any vehicle involved in a collision resulting in
 
 8 injury to or the death of any person, as evidence that the
 
 9 operator was under the influence of an intoxicant.
 
10      (b)  If a health care provider who is providing medical
 
11 care, in a health care facility, to any person involved in a
 
12 vehicle collision:
 
13      (1)  Becomes aware, as a result of any blood or urine test
 
14           performed in the course of medical treatment, that:
 
15           (A)  The alcohol concentration in the person's blood
 
16                meets or exceeds the amount specified in section
 
17                   -81(b)(3); or
 
18           (B)  The persons's blood or urine contains one or more
 
19                drugs that impair a person's ability to operate a
 
20                vehicle in a careful and prudent manner; and
 
21      (2)  Has a reasonable belief that the person was the
 
22           operator of a vehicle involved in the collision,
 
23 the health care provider shall notify, as soon as reasonably
 

 
Page 22                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 possible, any law enforcement officer present at the health care
 
 2 facility to investigate the collision.  If no law enforcement
 
 3 officer is present, the health care provider shall notify the
 
 4 county police department in the county where the collision
 
 5 occurred.  If the health care provider is aware of any blood or
 
 6 urine test result, as provided in paragraph (1), but lacks
 
 7 information to form a reasonable belief as to the identity of the
 
 8 operator involved in a vehicle collision, as provided in
 
 9 paragraph (2), then the health care provider shall give notice to
 
10 a law enforcement officer present or to the county police
 
11 department, as applicable, for each person involved in a vehicle
 
12 collision whose alcohol concentration in the person's blood meets
 
13 or exceeds the amount specified in section    -81(b)(3) or whose
 
14 blood or urine contains one or more drugs.  The notice by the
 
15 health care provider shall consist of the name of the person
 
16 being treated, the blood alcohol concentration or drug content
 
17 disclosed by the test, and the date and time of the
 
18 administration of the test.  This notice shall be deemed to
 
19 satisfy the intoxication element necessary to establish the
 
20 probable cause requirement set forth in subsection (c).
 
21      (c)  In the event of a collision resulting in injury or
 
22 death and if a law enforcement officer has probable cause to
 
23 believe that a person involved in the collision has committed a
 

 
Page 23                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 violation of section 707-702.5, 707-703, 707-704, 707-705,
 
 2 707-706, or    -81, the law enforcement officer shall request
 
 3 that a sample of blood or urine be recovered from the vehicle
 
 4 operator or any other person suspected of committing a violation
 
 5 of section 707-702.5, 707-703, 707-704, 707-705, 707-706, or
 
 6    -81.
 
 7      (d)  The law enforcement officer shall make the request
 
 8 under subsection (c) to the hospital or medical facility treating
 
 9 the person from whom the blood or urine is to be recovered.  Upon
 
10 the request of the law enforcement officer that blood or urine be
 
11 recovered pursuant to this section, and except where the
 
12 responsible attending personnel at the hospital or medical
 
13 facility determines in good faith that recovering or attempting
 
14 to recover blood or urine from the person represents an imminent
 
15 threat to the health of the medical personnel or others, the
 
16 hospital or medical facility shall:
 
17      (1)  Provide the law enforcement officer with the blood or
 
18           urine sample requested;
 
19      (2)  Recover the sample in compliance with section 321-161;
 
20           and
 
21      (3)  Assign a person authorized under section    -12 to
 
22           withdraw the blood sample or obtain the urine.
 
23      (e)  Any person complying with this section shall be exempt
 

 
Page 24                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 from liability pursuant to section 663-1.9 as a result of
 
 2 compliance.
 
 3      (f)  As used in this section, unless the context otherwise
 
 4 requires:
 
 5      "Health care facility" includes any program, institution,
 
 6 place, building, or agency, or portion thereof, private or
 
 7 public, whether organized for profit or not, that is used,
 
 8 operated, or designed to provide medical diagnosis, treatment, or
 
 9 rehabilitative or preventive care to any person.  The term
 
10 includes health care facilities that are commonly referred to as
 
11 hospitals, outpatient clinics, organized ambulatory health care
 
12 facilities, emergency care facilities and centers, health
 
13 maintenance organizations, and others providing similarly
 
14 organized services regardless of nomenclature.
 
15      "Health care provider" means a person who is licensed,
 
16 certified, or otherwise authorized or permitted by law to
 
17 administer health care in the ordinary course of business or
 
18 practice of a profession.
 
19      §   -22  Presence of drugs or metabolic products;
 
20 admissibility.  Any results reflecting the presence of drugs or
 
21 metabolic products obtained from a blood or urine specimen
 
22 obtained under this part shall not be admissible in any
 
23 proceeding brought under chapter 329 or 712.
 

 
Page 25                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           PART III.  ADMINISTRATIVE REVOCATION PROCESS
 
 2      §   -31  Notice of administrative revocation; effect.  As
 
 3 used in this part, the notice of administrative revocation:
 
 4      (1)  Establishes that the respondent's license and privilege
 
 5           to operate a vehicle in the State or on or in the
 
 6           waters of the State shall be terminated:
 
 7           (A)  Thirty days after the date the notice of
 
 8                administrative revocation is issued in the case of
 
 9                an alcohol related offense;
 
10           (B)  Forty-four days after the date the notice of
 
11                administrative revocation is issued in the case of
 
12                a drug related offense or an offense involving the
 
13                combined use of alcohol and drugs; or
 
14           (C)  Such later date as is established by the director
 
15                under section    -38,
 
16           if the director administratively revokes the
 
17           respondent's license;
 
18      (2)  Establishes the date on which administrative revocation
 
19           proceedings against the respondent were initiated; and
 
20      (3)  Serves as a temporary permit, if applicable, to operate
 
21           a vehicle as provided in section    -33.
 
22      §   -32  Criminal prosecution.(a)  Criminal prosecution
 
23 under section    -81 may be commenced concurrently with
 

 
Page 26                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 administrative revocation proceedings under this part; provided
 
 2 that documentary and testimonial evidence provided by the
 
 3 respondent during the administrative proceeding shall not be
 
 4 admissible against the respondent in any proceeding under section
 
 5    -81 arising out of the same occurrence.
 
 6      (b)  When a person's license and privilege to operate a
 
 7 vehicle is revoked under this part and the person also is
 
 8 convicted of an offense under section    -81 arising out of the
 
 9 same occurrence, the total period of revocation imposed in the
 
10 two proceedings shall not exceed the longer period of revocation
 
11 imposed in either proceeding. If the person is convicted under
 
12 section    -81 prior to completion of administrative proceedings,
 
13 the person shall surrender the temporary permit issued under this
 
14 part at the time of entry of a plea of guilty or no contest,
 
15 entry of a verdict of guilty, or of sentencing, whichever occurs
 
16 first.
 
17      §   -33  Probable cause determination; issuance of notice of
 
18 administrative revocation; procedures.(a)  Whenever a person is
 
19 arrested for a violation of section    -81 on a determination by
 
20 the arresting law enforcement officer that:
 
21      (1)  There was reasonable suspicion to stop the vehicle or
 
22           the vehicle was stopped at an intoxicant control
 
23           roadblock established and operated in compliance with
 

 
Page 27                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           sections    -19 and    -20; and
 
 2      (2)  There was probable cause to believe that the person was
 
 3           operating the vehicle while under the influence of an
 
 4           intoxicant;
 
 5 the law enforcement officer immediately shall take possession of
 
 6 any license held by the person and request the person to take a
 
 7 test for concentration of alcohol in the blood, in the case of an
 
 8 alcohol related offense, or a test for drug content in the blood
 
 9 or urine, in the case of a drug related offense.  The law
 
10 enforcement officer shall inform the person that, in the case of
 
11 an alcohol related offense, the person shall take a breath test
 
12 or a blood test, or both, pursuant to section    -11.  In the
 
13 case of a drug related offense, the person shall take a blood
 
14 test or a urine test, or both, pursuant to section    -11.  The
 
15 law enforcement officer also shall inform the person of the
 
16 sanctions under this part, including the sanction for refusing to
 
17 take a breath, blood, or urine test.  Thereafter, the law
 
18 enforcement officer 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 permit.  The notice
 
21 shall serve as a temporary permit, unless, at the time of arrest:
 
22 the person was unlicensed; the person's license or privilege to
 
23 operate a vehicle was revoked or suspended; or the person had no
 

 
Page 28                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 license in the person's possession.
 
 2      (b)  Whenever a law enforcement officer determines that, as
 
 3 the result of a blood or urine test performed pursuant to section
 
 4    -21(b) or (c), there is probable cause to believe that a
 
 5 person being treated in a hospital or medical facility has
 
 6 violated section    -81, the law enforcement officer immediately
 
 7 shall take possession of any license held by the person and shall
 
 8 complete and issue to the person a notice of administrative
 
 9 revocation and indicate thereon whether the notice shall serve as
 
10 a temporary permit.  The notice shall serve as a temporary permit
 
11 unless, at the time the notice was issued:  the person was
 
12 unlicensed; the person's license or privilege to operate a
 
13 vehicle was revoked or suspended; or the person had no license in
 
14 the person's possession.
 
15      §   -34  Notice of administrative revocation; contents.(a)
 
16 The notice of administrative revocation shall provide, at a
 
17 minimum and in clear language, the following general information
 
18 relating to administrative revocation:
 
19      (1)  The statutory authority for administrative revocation;
 
20      (2)  An explanation of the distinction between
 
21           administrative revocation and a suspension or
 
22           revocation imposed under section    -81; and
 
23      (3)  That criminal charges filed pursuant to section    -81
 

 
Page 29                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           may be prosecuted concurrently with the administrative
 
 2           action.
 
 3      (b)  The notice, when completed by the law enforcement
 
 4 officer and issued to the respondent, shall contain at a minimum
 
 5 the following information relating to the incident that gives
 
 6 rise to the issuance of the notice of administrative revocation:
 
 7      (1)  Information identifying the respondent;
 
 8      (2)  The specific violation for which the respondent was
 
 9           arrested;
 
10      (3)  The date issued and the date the administrative
 
11           revocation is scheduled to go into effect;
 
12      (4)  That the respondent was informed of the sanctions of
 
13           this part and of the consequences of refusing to be
 
14           tested for alcohol concentration of the blood or drug
 
15           content in the blood or urine and whether the
 
16           respondent consented to be tested;
 
17      (5)  The expiration date of the temporary permit; and
 
18      (6)  That the issuance of the notice of administrative
 
19           revocation will be administratively reviewed.
 
20      (c)  The notice shall provide, at a minimum, the following
 
21 information relating to the administrative review:
 
22      (1)  That the review is automatic;
 
23      (2)  That the respondent, within three days of the issuance
 

 
Page 30                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           of the notice of administrative revocation in the case
 
 2           of an alcohol related offense and within seventeen days
 
 3           of the issuance of the notice of administrative
 
 4           revocation in the case of a drug related offense, may
 
 5           submit written information demonstrating why the
 
 6           respondent's license and privilege to operate a vehicle
 
 7           should not be administratively revoked;
 
 8      (3)  The address or location where the respondent may submit
 
 9           the information;
 
10      (4)  That the respondent is not entitled to be present or
 
11           represented at the administrative review; and
 
12      (5)  That the administrative review decision shall be mailed
 
13           to the respondent:
 
14           (A)  No later than eight days after the date of the
 
15                issuance of the notice of administrative
 
16                revocation in the case of an alcohol related
 
17                offense; and
 
18           (B)  No later than twenty-two days after the date of
 
19                the issuance of the notice of administrative
 
20                revocation in the case of a drug related offense
 
21                or an offense involving the combined use of
 
22                alcohol and drugs.
 
23      (d)  The notice shall state that, if the respondent's
 

 
Page 31                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 license and privilege to operate a vehicle is not
 
 2 administratively revoked after the review, the respondent's
 
 3 license shall be returned, along with a certified statement that
 
 4 the administrative revocation proceedings have been terminated.
 
 5      (e)  The notice shall state that, if the respondent's
 
 6 license and privilege to operate a vehicle are administratively
 
 7 revoked after the review, a decision shall be mailed to the
 
 8 respondent, or to the parent or guardian of the respondent if the
 
 9 respondent is under the age of eighteen, that shall contain, at a
 
10 minimum, the following information:
 
11      (1)  The reasons why the respondent's license and privilege
 
12           to operate a vehicle were administratively revoked;
 
13      (2)  That the respondent may request the director, within
 
14           six days of the date the decision is mailed, to
 
15           schedule an administrative hearing to review the
 
16           administrative revocation;
 
17      (3)  That if the respondent's request on the sixth day from
 
18           request for an administrative hearing is received by
 
19           the director within six days, the hearing shall then be
 
20           scheduled to commence:
 
21           (A)  No later than twenty-five days after the date of
 
22                the issuance of the notice of administrative
 
23                revocation in the case of an alcohol related
 

 
Page 32                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1                offense; and
 
 2           (B)  No later than thirty-nine days after the date of
 
 3                the issuance of the notice of administrative
 
 4                revocation in the case of a drug related offense
 
 5                or an offense involving the combined use of
 
 6                alcohol and drugs;
 
 7      (4)  The procedure to request an administrative hearing;
 
 8      (5)  That failure to request an administrative hearing
 
 9           within the time provided shall cause the administrative
 
10           revocation to take effect for the period and under the
 
11           conditions established by the director in the decision;
 
12      (6)  That the respondent may regain the right to a hearing
 
13           by requesting the director, within sixty days after the
 
14           issuance of the notice of administrative revocation, to
 
15           schedule a hearing;
 
16      (7)  That the director shall schedule the hearing to
 
17           commence no later than thirty days after the request is
 
18           received, but that the temporary permit shall not, in
 
19           any event, be extended if the respondent fails to
 
20           request an administrative hearing within the initial
 
21           six-day period provided for that purpose;
 
22      (8)  That failure to attend the hearing shall cause the
 
23           administrative revocation to take effect for the period
 

 
Page 33                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           and under the conditions indicated; and
 
 2      (9)  The duration of the administrative revocation and
 
 3           other conditions that may be imposed, including:
 
 4           referral to the driver's education program for alcohol
 
 5           counseling, or substance abuse counseling or treatment,
 
 6           or both.
 
 7      (f)  The notice shall provide, at a minimum, the following
 
 8 information relating to administrative hearings:
 
 9      (1)  That the respondent shall have six days from the date
 
10           the administrative review decision was mailed to
 
11           request that an administrative hearing be scheduled;
 
12      (2)  That a request and payment of $30 fee, unless waived
 
13           for an administrative hearing shall entitle the
 
14           respondent to review and copy, prior to the hearing,
 
15           all documents that were considered at the
 
16           administrative review, including the arrest report and
 
17           the sworn statements;
 
18      (3)  That the respondent may be represented by an attorney,
 
19           submit evidence, give testimony, and present and cross-
 
20           examine witnesses;
 
21      (4)  That, in cases where the respondent is under the age of
 
22           eighteen, a parent or guardian must be present; and
 
23      (5)  That a written decision shall be mailed no later than
 

 
Page 34                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           five days after completion of the hearing.
 
 2      (g)  The notice shall state that, if the administrative
 
 3 revocation is reversed after the hearing, the respondent's
 
 4 license, along with a certified statement that the administrative
 
 5 revocation proceedings have been terminated.
 
 6      (h)  The notice shall state that, if the administrative
 
 7 revocation is sustained at the hearing, a written decision shall
 
 8 be mailed to the respondent, or to the parent or guardian of the
 
 9 respondent if the respondent is under the age of eighteen, that
 
10 shall contain, at a minimum, the following information:
 
11      (1)  The effective date of the administrative revocation;
 
12      (2)  The duration of the administrative revocation;
 
13      (3)  Other conditions that may be imposed by law; and
 
14      (4)  The right to obtain judicial review.
 
15      (i)  The notice shall state that failure of the respondent,
 
16 or of the parent or guardian of the respondent if the respondent
 
17 is under the age of eighteen, to attend a scheduled hearing shall
 
18 cause the administrative revocation to take effect as provided in
 
19 the administrative review decision.
 
20      §   -35  Immediate restoration of license.(a)  In cases
 
21 involving an alcohol related offense, if a test conducted in
 
22 accordance with part II and section 321-161 and the rules adopted
 
23 thereunder shows that a respondent had an alcohol concentration
 

 
Page 35                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 less than .08, the director or the arresting law enforcement
 
 2 agency immediately shall return the respondent's license, along
 
 3 with a certified statement that administrative revocation
 
 4 proceedings have been terminated with prejudice.
 
 5      (b)  In cases involving a drug related offense, if a test
 
 6 conducted in accordance with part II and section 321-161 and the
 
 7 rules adopted thereunder fails to show the presence, in the
 
 8 respondent's blood or urine, of any drug that impairs the
 
 9 respondent's ability to operate a vehicle in a careful and
 
10 prudent manner, the director or the arresting law enforcement
 
11 agency immediately shall return the respondent's license, along
 
12 with a certified statement that administrative revocation
 
13 proceedings have been terminated with prejudice.
 
14      §   -36  Documents required to be submitted for
 
15 administrative review; sworn statements of law enforcement
 
16 officials.  (a)  Whenever a respondent has been arrested for a
 
17 violation of section    -81 and submits to a test that
 
18 establishes:  the respondent's alcohol concentration was .08 or
 
19 more; the presence, in the respondent's blood or urine, of any
 
20 drug that impairs the respondent's ability to operate a vehicle
 
21 in a careful and prudent manner; or whenever a respondent has
 
22 been involved in a collision resulting in injury or death and a
 
23 blood or urine test performed pursuant to section    -21
 

 
Page 36                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 establishes that the respondent's alcohol concentration was .08
 
 2 or more or establishes the presence in the respondent's blood or
 
 3 urine of any drug that impairs the respondent's ability to
 
 4 operate a vehicle in a careful and prudent manner, the following
 
 5 shall be forwarded immediately to the director:
 
 6      (1)  A copy of the arrest report or the report of the
 
 7           officer who issued the notice of administrative
 
 8           revocation to the person involved in a collision
 
 9           resulting in injury or death and the sworn statement of
 
10           the arresting law enforcement officer or the officer
 
11           who issued the notice of administrative revocation,
 
12           stating facts that establish that:
 
13           (A)  There was reasonable suspicion to stop the
 
14                vehicle, the vehicle was stopped at an intoxicant
 
15                control roadblock established and operated in
 
16                compliance with sections    -19 and    -20, or the
 
17                respondent was tested pursuant to section    -21;
 
18           (B)  There was probable cause to believe that the
 
19                respondent had been operating the vehicle while
 
20                under the influence of an intoxicant;
 
21           (C)  The respondent was informed of: the sanctions of
 
22                this part; that criminal charges may be filed; and
 
23                the consequences of refusing to be tested for
 

 
Page 37                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

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

 
Page 38                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

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

 
Page 39                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      (5)  In a case involving an drug related offense, the sworn
 
 2           statement of the person who conducted the test, stating
 
 3           facts that establish that, pursuant to section 321-161
 
 4           and rules adopted thereunder:
 
 5           (A)  At the time the test was conducted, the person was
 
 6                trained and capable of operating the testing
 
 7                equipment;
 
 8           (B)  The person followed the procedures established for
 
 9                conducting the test;
 
10           (C)  The equipment used to conduct the test functioned
 
11                in accordance with operating procedures and
 
12                indicated the presence of one or more drugs or
 
13                their metabolites in the respondent's blood or
 
14                urine; and
 
15           (D)  The person whose blood or urine was tested is the
 
16                respondent;
 
17      (6)  A copy of the notice of administrative revocation
 
18           issued by the law enforcement officer to the
 
19           respondent;
 
20      (7)  Any driver's license taken into possession by the law
 
21           enforcement officer; and
 
22      (8)  A listing of any prior alcohol or drug enforcement
 
23           contacts involving the respondent.
 

 
Page 40                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      (b)  Whenever a respondent has been arrested for a violation
 
 2 of section    -81 and refuses to submit to a test to determine
 
 3 alcohol concentration or drug content in the blood or urine, the
 
 4 following shall be forwarded immediately to the director:
 
 5      (1)  A copy of the arrest report and the sworn statement of
 
 6           the arresting law enforcement officer, stating facts
 
 7           that establish that:
 
 8           (A)  There was reasonable suspicion to stop the vehicle
 
 9                or the vehicle was stopped at an intoxicant
 
10                control roadblock established and operated in
 
11                compliance with sections    -19 and    -20;
 
12           (B)  There was probable cause to believe that the
 
13                respondent had been operating the vehicle while
 
14                under the influence of an intoxicant;
 
15           (C)  The respondent was informed of:
 
16                (i)  The sanctions of this part; 
 
17               (ii)  The possibility that criminal charges may be
 
18                     filed; and 
 
19              (iii)  The probable consequences of refusing to be
 
20                     tested for alcohol concentration or drug
 
21                     content in the blood or urine; and
 
22           (D)  The respondent refused to be tested;
 
23      (2)  A copy of the notice of administrative revocation
 

 
Page 41                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           issued to the respondent;
 
 2      (3)  Any driver's license taken into possession; and
 
 3      (4)  A listing of all alcohol and drug enforcement contacts
 
 4           involving the respondent.
 
 5      §   -37  Administrative review; procedures; decision.(a)
 
 6 The director automatically shall review the issuance of a notice
 
 7 of administrative revocation and shall issue a written decision
 
 8 administratively revoking the license and privilege to operate a
 
 9 vehicle or rescinding the notice of administrative revocation.
 
10 The written review decision shall be mailed to the respondent, or
 
11 to the parent or guardian of the respondent if the respondent is
 
12 under the age of eighteen, no later than:
 
13      (1)  Eight days after the date the notice was issued in a
 
14           case involving an alcohol related offense; or
 
15      (2)  Twenty-two days after the date the notice was issued in
 
16           a case involving a drug related offense or an offense
 
17           involving the combined use of alcohol and drugs.
 
18      (b)  The respondent shall have the opportunity to
 
19 demonstrate in writing why the respondent's license and privilege
 
20 to operate a vehicle should not be administratively revoked and,
 
21 within three days of receiving the notice of administrative
 
22 revocation, as provided in section    -33, shall submit any
 
23 written information, either by mail or in person, to the
 

 
Page 42                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 director's office or to any office or address designated by the
 
 2 director for that purpose.
 
 3      (c)  In conducting the administrative review, the director
 
 4 shall consider:
 
 5      (1)  Any sworn or unsworn written statement or other written
 
 6           evidence provided by the respondent;
 
 7      (2)  The breath, blood, or urine test results, if any; and
 
 8      (3)  The sworn statement of any law enforcement official or
 
 9           other evidence or information required by section
 
10              -36.
 
11      (d)  The director shall administratively revoke the
 
12 respondent's license and privilege to operate a vehicle if the
 
13 director determines that:
 
14      (1)  There existed reasonable suspicion to stop the vehicle,
 
15           the vehicle was stopped at an intoxicant control
 
16           roadblock established and operated in compliance with
 
17           sections    -19 and    -20, or the person was tested
 
18           pursuant to section    -21;
 
19      (2)  There existed probable cause to believe that the
 
20           respondent operated the vehicle while under the
 
21           influence of an intoxicant; and
 
22      (3)  The evidence proves by a preponderance that:
 
23           (A)  The respondent operated the vehicle while under
 

 
Page 43                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1                the influence of an intoxicant; or
 
 2           (B)  The respondent operated the vehicle and refused to
 
 3                submit to a breath, blood, or urine test after
 
 4                being informed of the sanctions of this part.
 
 5      (e)  If the evidence does not support administrative
 
 6 revocation, the director shall rescind the notice of
 
 7 administrative revocation and return the respondent's license,
 
 8 along with a certified statement that administrative revocation
 
 9 proceedings have been terminated.
 
10      (f)  If the director administratively revokes the
 
11 respondent's license and privilege to operate a vehicle, the
 
12 director shall mail a written review decision to the respondent,
 
13 or to the parent or guardian of the respondent if the respondent
 
14 is under the age of eighteen.  The written review decision shall:
 
15      (1)  State the reasons for the administrative revocation;
 
16      (2)  Indicate that the respondent has six days from the date
 
17           the decision is mailed to request an administrative
 
18           hearing to review the director's decision;
 
19      (3)  Explain the procedure by which to request an
 
20           administrative hearing;
 
21      (4)  Be accompanied by a form, postage prepaid, that the
 
22           respondent may fill out and mail in order to request an
 
23           administrative hearing;
 

 
Page 44                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      (5)  Inform the respondent of the right to review and copy
 
 2           all documents considered at the review, including the
 
 3           arrest report and the sworn statements of the law
 
 4           enforcement officials, prior to the hearing; and
 
 5      (6)  State that the respondent may be represented by counsel
 
 6           at the hearing, submit evidence, give testimony, and
 
 7           present and cross-examine witnesses, including the
 
 8           arresting officer.
 
 9      (g)  Failure of the respondent to request a hearing within
 
10 the time provided in section    -38(a) shall cause the
 
11 administrative revocation to take effect for the period and under
 
12 the conditions provided in the administrative review decision
 
13 issued by the director under this section.  The respondent may
 
14 regain the right to an administrative hearing by requesting the
 
15 director, within sixty days of the issuance of the notice of
 
16 administrative revocation as provided in section    -33, to
 
17 schedule an administrative hearing.  The administrative hearing
 
18 shall be scheduled to commence no later than thirty days after
 
19 the request is received by the director.  The administrative
 
20 review decision issued by the director under this section shall
 
21 explain clearly the consequences of failure to request an
 
22 administrative hearing and the procedure by which the respondent
 
23 may regain the right to a hearing.
 

 
Page 45                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      §   -38  Administrative hearing; procedure; decision.(a)
 
 2 If the director administratively revokes the respondent's license
 
 3 and privilege to operate a vehicle after the administrative
 
 4 review, the respondent may request an administrative hearing to
 
 5 review the decision within six days of the date the
 
 6 administrative review decision is mailed.  If the request for
 
 7 hearing is received by the director within six days of the date
 
 8 of administrative review of decision is mailed then the hearing
 
 9 shall be scheduled to commence no later than:
 
10      (1)  Twenty-five days from the date the notice of
 
11           administrative revocation was issued in a case
 
12           involving an alcohol related offense; or
 
13      (2)  Thirty-nine days from the date the notice of
 
14           administrative revocation was issued in a case
 
15           involving a drug related offense.
 
16 The director may continue the hearing only as provided in
 
17 subsection (j).
 
18      (b)  The hearing shall be held at a place designated by the
 
19 director, as close to the location where the notice of
 
20 administrative revocation was issued as practical.
 
21      (c)  The respondent may be represented by counsel and, if
 
22 the respondent is under the age of eighteen, must be accompanied
 
23 by a parent or guardian.
 

 
Page 46                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      (d)  The director shall conduct the hearing and have
 
 2 authority to:
 
 3      (1)  Administer oaths and affirmations;
 
 4      (2)  Examine witnesses and take testimony;
 
 5      (3)  Receive and determine the relevance of evidence;
 
 6      (4)  Issue subpoenas, take depositions, or cause depositions
 
 7           or interrogatories to be taken;
 
 8      (5)  Regulate the course and conduct of the hearing; and
 
 9      (6)  Make a final ruling.
 
10      (e)  The director shall affirm the administrative revocation
 
11 only if the director determines that:
 
12      (1)  There existed reasonable suspicion to stop the vehicle,
 
13           the vehicle was stopped at an intoxicant control
 
14           roadblock established and operated in compliance with
 
15           sections    -19 and    -20, or the person was tested
 
16           pursuant to section    -21;
 
17      (2)  There existed probable cause to believe that the
 
18           respondent operated the vehicle while under the
 
19           influence of an intoxicant; and
 
20      (3)  The evidence proves by a preponderance that:
 
21           (A)  The respondent operated the vehicle while under
 
22                the influence of an intoxicant; or
 
23           (B)  The respondent operated the vehicle and, after
 

 
Page 47                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1                being informed of the sanctions of this part,
 
 2                refused to submit to a breath, blood, or urine
 
 3                test.
 
 4      (f)  The respondent's prior alcohol and drug enforcement
 
 5 contacts shall be entered into evidence.
 
 6      (g)  The sworn statements provided in section    -36 shall
 
 7 be admitted into evidence.  Upon notice to the director, no later
 
 8 than five days prior to the hearing, that the respondent wishes
 
 9 to examine a law enforcement official who made a sworn statement,
 
10 the director shall issue a subpoena for the official to appear at
 
11 the hearing.  If the official cannot appear, the official, at the
 
12 discretion of the director, may testify by telephone.
 
13      (h)  The hearing shall be recorded in a manner to be
 
14 determined by the director.
 
15      (i)  The director's decision shall be rendered in writing
 
16 and mailed to the respondent, or to the parent or guardian of the
 
17 respondent if the respondent is under the age of eighteen, no
 
18 later than five days after the hearing is concluded.  If the
 
19 decision is to reverse the administrative revocation, the
 
20 director shall return the respondent's license, along with a
 
21 certified statement that administrative revocation proceedings
 
22 have been terminated.  If the decision sustains the
 
23 administrative revocation, the director shall mail to the
 

 
Page 48                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 respondent a written decision indicating the duration of the
 
 2 administrative revocation and any other conditions or
 
 3 restrictions as may be imposed pursuant to section    -41.
 
 4      (j)  For good cause shown, the director may grant a
 
 5 continuance either of the commencement of the hearing or of a
 
 6 hearing that has already commenced.  If a continuance is granted
 
 7 at the request of the director, the director shall extend the
 
 8 validity of the temporary permit unless otherwise prohibited for
 
 9 a period not to exceed the period of the continuance.  If a
 
10 continuance is granted at the request of the respondent, the
 
11 director shall not extend the validity of the temporary permit.
 
12 For purposes of this section, a continuance means a delay in the
 
13 commencement of the hearing or an interruption of a hearing that
 
14 has commenced, other than for recesses during the day or at the
 
15 end of the day or week.
 
16      (k)  If the respondent fails to appear at the hearing, or if
 
17 an respondent under the age of eighteen fails to appear with a
 
18 parent or guardian, administrative revocation shall take effect
 
19 for the period and under the conditions established by the
 
20 director in the administrative review decision issued by the
 
21 director under section     -37.
 
22      §   -39  Fees and costs.  The director may assess and
 
23 collect a $30 fee from the respondent to cover the costs of
 

 
Page 49                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 processing the respondent's request for an administrative
 
 2 hearing.  These costs include but should not be limited to: the
 
 3 cost of photocopying documents; the issuance of subpoenas,
 
 4 conditional permits, and relicensing forms; interpreter services;
 
 5 law enforcement official mileage fees; and other similar costs.
 
 6 The director may waive the fee in the case of an indigent
 
 7 respondent, upon an appropriate inquiry into the financial
 
 8 circumstances of the respondent seeking the waiver and an
 
 9 affidavit or a certificate signed by the respondent demonstrating
 
10 the respondent's financial inability to pay the fee.
 
11      §   -40  Judicial review; procedure.  (a)  If the director
 
12 sustains the administrative revocation after an administrative
 
13 hearing, the respondent, or parent or guardian of an respondent
 
14 under the age of eighteen, may file a petition for judicial
 
15 review within thirty days after the administrative hearing
 
16 decision is mailed.  The petition shall be filed with the clerk
 
17 of the district court in the district in which the incident
 
18 occurred and shall be accompanied by the required filing fee for
 
19 civil actions.  The filing of the petition shall not operate as a
 
20 stay of the administrative revocation, nor shall the court stay
 
21 the administrative revocation pending the outcome of the judicial
 
22 review.  The petition shall be appropriately captioned.  The
 
23 petition shall state with specificity the grounds upon which the
 

 
Page 50                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 petitioner seeks reversal of the administrative revocation.
 
 2      (b)  The court shall schedule the judicial review as quickly
 
 3 as practicable, and the review shall be on the record of the
 
 4 administrative hearing without taking of additional testimony or
 
 5 evidence.  If the petitioner fails to appear without just cause
 
 6 or, in the case of a petitioner under the age of eighteen, the
 
 7 petitioner fails to appear with a parent or guardian, the court
 
 8 shall affirm the administrative revocation.
 
 9      (c)  The sole issues before the court shall be whether the
 
10 director:
 
11      (1)  Exceeded constitutional or statutory authority;
 
12      (2)  Erroneously interpreted the law;
 
13      (3)  Acted in an arbitrary or capricious manner;
 
14      (4)  Committed an abuse of discretion; or
 
15      (5)  Made a determination that was unsupported by the
 
16           evidence in the record.
 
17      (d)  The court shall not remand the matter back to the
 
18 director for further proceedings consistent with its order.
 
19      §   -41  Effective date and period of administrative
 
20 revocation; criteria.  (a)  Unless an administrative revocation
 
21 is reversed or the temporary permit is extended by the director,
 
22 administrative revocation shall become effective on the day
 
23 specified in the notice of administrative revocation.  Except as
 

 
Page 51                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 provided in section    -44, no license and privilege to operate a
 
 2 vehicle shall be restored under any circumstances and no
 
 3 conditional permit shall be issued during the administrative
 
 4 revocation period.  Upon completion of the administrative
 
 5 revocation period, the respondent may reapply and be reissued a
 
 6 license pursuant to section    -45.
 
 7      (b)  The periods of administrative revocation that may be
 
 8 imposed under this part are as follows:
 
 9      (1)  Three months, if the respondent's record shows no prior
 
10           alcohol or drug enforcement contact during the five
 
11           years preceding the date the notice of administrative
 
12           revocation was issued;
 
13      (2)  One year, if the respondent's record shows one prior
 
14           alcohol or drug enforcement contact during the five
 
15           years preceding the date the notice of administrative
 
16           revocation was issued;
 
17      (3)  Two years, if the respondent's record shows two prior
 
18           alcohol or drug enforcement contacts during the seven
 
19           years preceding the date the notice of administrative
 
20           revocation was issued;
 
21      (4)  For life, if the respondent's record shows three or
 
22           more prior alcohol or drug enforcement contacts during
 
23           the ten years preceding the date the notice of
 

 
Page 52                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           administrative revocation was issued; or
 
 2      (5)  For respondents under the age of eighteen years who
 
 3           were arrested for a violation of section    -81, either
 
 4           for the period remaining until the respondent's
 
 5           eighteenth birthday or for the appropriate revocation
 
 6           period provided in paragraphs (1) to (4) or in
 
 7           subsection (c), if applicable, whichever is longer.
 
 8      (c)  If a respondent has refused to be tested after being
 
 9 informed of the sanctions of this part, the revocation imposed
 
10 under subsection (b)(1), (2), and (3) shall be for a period of
 
11 one year, two years, and four years, respectively.
 
12      (d)  Whenever a license and privilege to operate a vehicle
 
13 is administratively revoked under this part, the respondent shall
 
14 be referred to a certified substance abuse counselor for an
 
15 assessment of the respondent's substance abuse or dependence and
 
16 the need for treatment.  The counselor shall submit a report with
 
17 recommendations to the director.  If the counselor's assessment
 
18 establishes that the extent of the respondent's substance abuse
 
19 or dependence warrants treatment, the director may so order.  All
 
20 costs for assessment and treatment shall be paid by the
 
21 respondent.
 
22      (e)  Alcohol and drug enforcement contacts that occurred
 
23 prior to the effective date of this Act shall be counted in
 

 
Page 53                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 determining the administrative revocation period.
 
 2      (f)  The requirement to provide proof of financial
 
 3 responsibility pursuant to section 287-20 shall not be based upon
 
 4 a revocation under subsection (b)(1).
 
 5      §   -42  Notice to other states.  When a nonresident's
 
 6 driving and boating privileges are administratively revoked under
 
 7 this part, the director shall:
 
 8      (1)  Notify, in writing, the officials in charge of traffic
 
 9           control, boating control, or public safety in the
 
10           nonresident's home state, and in any other state in
 
11           which the nonresident has driving and boating
 
12           privileges, of the action taken in this State; and
 
13      (2)  Return to the appropriate issuing authority in the
 
14           other states any license seized under section    -33.
 
15      §   -43  Administrative Procedure Act.  Neither the
 
16 administrative review nor the administrative hearing provided
 
17 under this part shall be subject to the contested case
 
18 requirements of chapter 91.  The availability of administrative
 
19 review of an order of administrative revocation shall have no
 
20 effect upon the availability of judicial review under this part.
 
21      §   -44  Conditional permits.  (a)  If a respondent subject
 
22 to administrative revocation under this part submitted to a
 
23 breath, blood, or urine test and has had no prior alcohol or drug
 

 
Page 54                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 enforcement contacts during the five years preceding the date the
 
 2 notice of administrative revocation was issued, or if a
 
 3 respondent is subject to a two-year revocation, has had no prior
 
 4 alcohol or drug enforcement contacts during the seven years
 
 5 preceding the notice of administrative revocation was issued, or
 
 6 if respondent is subject to a lifetime revocation has had no
 
 7 prior alcohol or drug enforcement contacts during the ten years
 
 8 preceding the date of arrest, the director, at the request of the
 
 9 respondent during the administrative hearing, may issue a
 
10 conditional permit allowing the respondent to drive, after a
 
11 minimum period of absolute license revocation of thirty days, if
 
12 one or more of the following conditions are met:
 
13      (1)  The respondent is gainfully employed in a position that
 
14           requires driving and will be discharged if the
 
15           respondent's driving privileges are administratively
 
16           revoked;
 
17      (2)  The respondent has no access to alternative
 
18           transportation and therefore must drive to work or to a
 
19           substance abuse treatment facility or counselor for
 
20           treatment ordered by the director under section    -41;
 
21           or
 
22      (3)  the respondent's license is not expired during the
 
23           conditional permit period.
 

 
Page 55                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      (b)  A request made pursuant to subsection (a)(1) shall be
 
 2 accompanied by:
 
 3      (1)  A sworn statement from the respondent containing facts
 
 4           establishing that the respondent currently is employed
 
 5           in a position that requires driving and that the
 
 6           respondent will be discharged if not allowed to drive;
 
 7           and
 
 8      (2)  A sworn statement from the respondent's employer
 
 9           establishing that the employer will, in fact, discharge
 
10           the respondent if the respondent is prohibited from
 
11           driving.
 
12      (c)  A request made pursuant to subsection (a)(2) shall be
 
13 accompanied by a sworn statement by the respondent attesting to
 
14 the specific facts upon which the request is based, which
 
15 statement shall be verified by the director.
 
16      (d)  A conditional permit may include restrictions allowing
 
17 the respondent to drive: 
 
18      (1)  Only during hours of employment for activities solely
 
19           within the scope of the employment;
 
20      (2)  Only during daylight hours; or
 
21      (3)  Only for specified purposes or to specified
 
22           destinations.
 
23 In addition, the director may impose any other appropriate
 

 
Page 56                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 restrictions.
 
 2      (e)  The duration of the conditional permit shall be
 
 3 determined on the basis of the criteria set forth in subsections
 
 4 (b) and (c).
 
 5      (f)  If the respondent violates the conditions imposed under
 
 6 this section, the conditional permit shall be rescinded, and
 
 7 administrative revocation shall be immediate for the appropriate
 
 8 period authorized by law.
 
 9      §   -45  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           licensing official; and
 
18      (4)  Successfully complete each requirement for obtaining a
 
19           new license in this State, including payment of all
 
20           applicable fees.
 
21      §   -46  Computation of time.  The time in which any act
 
22 provided in this part is to be done is computed by excluding the
 
23 first day and including the last, unless the last day is a
 

 
Page 57                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 Saturday, Sunday, or holiday, and then it also is excluded.
 
 2                   PART IV.  PROHIBITED CONDUCT
 
 3      §   -81  Operating a vehicle under the influence of an
 
 4 intoxicant.(a)  A person commits the offense of operating a
 
 5 vehicle under the influence of an intoxicant if the person
 
 6 operates or assumes actual physical control of a vehicle:
 
 7      (1)  While under the influence of alcohol in an amount
 
 8           sufficient to impair the person's normal mental
 
 9           faculties or ability to care for the person and guard
 
10           against casualty; 
 
11      (2)  While under the influence of any drug that impairs the
 
12           person's ability to operate the vehicle in a careful
 
13           and prudent manner;
 
14      (3)  With .08 or more grams of alcohol per two hundred ten
 
15           liters of breath; or
 
16      (4)  With .08 or more grams of alcohol per one hundred
 
17           milliliters or cubic centimeters of blood.
 
18      (b)  Operating a vehicle under the influence of an
 
19 intoxicant may be established by demonstrating any of the
 
20 following:
 
21      (1)  The person operated or assumed actual physical control
 
22           of a vehicle while under the influence of an intoxicant
 
23           as those terms are defined in section    -1;
 

 
Page 58                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      (2)  The person operated or assumed actual physical control
 
 2           of a vehicle with .08 or more grams of alcohol per two
 
 3           hundred ten liters of breath; or
 
 4      (3)  The person operated or assumed actual physical control
 
 5           of a vehicle with .08 or more grams of alcohol per one
 
 6           hundred milliliters or cubic centimeters of blood.
 
 7      (c)  A person committing the offense of operating a vehicle
 
 8 under the influence of an intoxicant shall be sentenced as
 
 9 follows without possibility of probation or suspension of
 
10 sentence:
 
11      (1)  For the first offense, or any offense not preceded
 
12           within a five-year period by a conviction for an
 
13           offense under this section or section    -4(a):
 
14           (A)  A fourteen-hour minimum substance abuse
 
15                rehabilitation program, including education and
 
16                counseling, or other comparable program deemed
 
17                appropriate by the court; and
 
18           (B)  Ninety-day prompt suspension of license and
 
19                privilege to operate a vehicle with absolute
 
20                prohibition from operating a vehicle during the
 
21                suspension period, or the court may impose, in
 
22                lieu of the ninety-day prompt suspension of
 
23                license, a minimum thirty-day prompt suspension of
 

 
Page 59                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1                license with absolute prohibition from operating a
 
 2                vehicle and, for the remainder of the ninety-day
 
 3                period, a restriction on the license that allows
 
 4                the person to drive for limited work-related
 
 5                purposes and to participate in substance abuse
 
 6                treatment programs; and
 
 7           (C)  Any one or more of the following:
 
 8                (i)  Seventy-two hours of community service work;
 
 9               (ii)  Not less than forty-eight hours and not more
 
10                     than five days of imprisonment; or
 
11              (iii)  A fine of not less than $150 but not more
 
12                     than $1,000.
 
13      (2)  For an offense that occurs within five years of a prior
 
14           conviction for an offense under this section or section
 
15              -4(a):
 
16           (A)  Prompt suspension of license and privilege to
 
17                operate a vehicle for a period of one year with an
 
18                absolute prohibition from operating a vehicle
 
19                during the suspension period;
 
20           (B)  Either one of the following:
 
21                (i)  Not less than eighty hours of community
 
22                     service work; or
 
23               (ii)  Not less than forty-eight consecutive hours
 

 
Page 60                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1                     but not more than fourteen days of
 
 2                     imprisonment of which at least forty-eight
 
 3                     hours shall be served consecutively; and
 
 4           (C)  A fine of not less than $500 but not more than
 
 5                $1,500.
 
 6      (3)  For an offense that occurs within five years of two
 
 7           prior convictions for offenses under this section or
 
 8           section    -4(a):
 
 9           (A)  A fine of not less than $500 but not more than
 
10                $2,500;
 
11           (B)  Revocation of license and privilege to operate a
 
12                vehicle for a period not less than one year but
 
13                not more than five years; and
 
14           (C)  Not less than ten days but not more than thirty
 
15                days imprisonment of which at least forty-eight
 
16                hours shall be served consecutively.
 
17      (4)  For an offense that occurs within ten years of three or
 
18           more prior convictions for offenses under this section,
 
19           section 707-702.5, or section    -4(a):
 
20           (1)  Mandatory revocation of license and privilege to
 
21                operate a vehicle for a period not less than one
 
22                year but not more than five years; and
 
23           (2)  Referral to a substance abuse counselor as
 

 
Page 61                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1                provided in subsection (e).
 
 2           An offense under this paragraph is a class C felony.
 
 3      (5)  Any person eighteen years of age or older who is
 
 4           convicted under this section and who operated a vehicle
 
 5           with a passenger, in or on the vehicle, who was younger
 
 6           than fifteen years of age, shall be sentenced to an
 
 7           additional mandatory fine of $500 and an additional
 
 8           mandatory term of imprisonment of forty-eight hours;
 
 9           provided, however, that the total term of imprisonment
 
10           for a person sentenced under this paragraph and
 
11           paragraphs (1), (2), or (3) shall not exceed thirty
 
12           days.
 
13      (d)  Notwithstanding any other law to the contrary, any:
 
14      (1)  Conviction under this section or section    -4(a); or
 
15      (2)  Conviction in any other state or federal jurisdiction
 
16           for an offense that is comparable to operating or being
 
17           in physical control of a vehicle while having either an
 
18           unlawful alcohol concentration in the blood or an
 
19           unlawful drug content in the blood or urine or while
 
20           under the influence of an intoxicant;
 
21 shall be considered a prior conviction for the purposes of
 
22 imposing sentence under this section.  No license and privilege
 
23 suspension or revocation shall be imposed pursuant to this
 

 
Page 62                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 subsection if the person's license and privilege to operate a
 
 2 vehicle has previously been administratively revoked pursuant to
 
 3 part III for the same offense; provided that, if the
 
 4 administrative suspension or revocation is subsequently reversed,
 
 5 the person's license and privilege to operate a vehicle shall be
 
 6 revoked as provided in this subsection.
 
 7      (e)  Whenever a court sentences a person pursuant to
 
 8 subsection (c), it also shall require that the offender be
 
 9 referred to a substance abuse counselor who has been certified
 
10 pursuant to section 321-193 for an assessment of the offender's
 
11 substance abuse or dependence and the need for appropriate
 
12 treatment.  The counselor shall submit a report with
 
13 recommendations to the court.  The court may require the offender
 
14 to obtain appropriate treatment if the counselor's assessment
 
15 establishes the offender's substance abuse or dependence.  All
 
16 cost for assessment or treatment or both shall be borne by the
 
17 offender.
 
18      (f)  Notwithstanding any other law to the contrary, whenever
 
19 a court revokes a person's driver's license pursuant to this
 
20 section, the examiner of drivers shall not grant to the person a
 
21 new driver's license until the expiration of the period of
 
22 revocation determined by the court.  After the period of
 
23 revocation is completed, the person may apply for and the
 

 
Page 63                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 examiner of drivers may grant to the person a new driver's
 
 2 license.
 
 3      (g)  Any person sentenced under this section may be ordered
 
 4 to reimburse the county for the cost of any blood or urine tests
 
 5 conducted pursuant to section    -11.  The court shall order the
 
 6 person to make restitution in a lump sum, or in a series of
 
 7 prorated installments, to the police department or other agency
 
 8 incurring the expense of the blood or urine test.
 
 9      (h)  The requirement to provide proof of financial
 
10 responsibility pursuant to section 287-20 shall not be based upon
 
11 a sentence imposed under subsection (c)(1).
 
12      (i)  As used in this section, the term "examiner of drivers"
 
13 has the same meaning as provided in section 286-2.
 
14      §   -82  Operating a vehicle after license and privilege
 
15 have been suspended or revoked for operating a vehicle under the
 
16 influence of an intoxicant; penalties.  (a)  No person whose
 
17 license and privilege to operate a vehicle has been revoked,
 
18 suspended, or otherwise restricted pursuant to part III or
 
19 section    -81 or to part VII or part XIV of chapter 286 or
 
20 section 200-81, 291-4, 291-4.4, or 291-7, as those provisions
 
21 were in effect on June 30, 2001, shall operate or assume actual
 
22 physical control of any vehicle:
 
23      (1)  In violation of any restrictions placed on the person's
 

 
Page 64                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

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

 
Page 65                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           more prior convictions for offenses under this section:
 
 2           (A)  One year imprisonment;
 
 3           (B)  A $2,000 fine; and
 
 4           (C)  Permanent revocation of the person's license and
 
 5                privilege to operate a vehicle.
 
 6 The period of revocation shall commence upon the release of the
 
 7 person from the period of imprisonment imposed pursuant to this
 
 8 section.
 
 9      §   -83  Records of convictions and suspensions of operating
 
10 privileges to be maintained.  The department of land and natural
 
11 resources shall maintain a record of all persons convicted of
 
12 offenses or violations involving vessels under this part and the
 
13 period of suspension of operator privileges ordered by the court
 
14 under this part.
 
15      §   -84  Operating a vehicle after consuming a measurable
 
16 amount of alcohol; persons under the age of twenty-one.  (a)  It
 
17 shall be unlawful for any person under the age of twenty-one
 
18 years to operate any vehicle with a measurable amount of alcohol
 
19 concentration.  A law enforcement officer may arrest a person
 
20 under this section when the officer has probable cause to believe
 
21 the arrested person is under the age of twenty-one and had been
 
22 operating a motor vehicle upon a public way, street, road, or
 
23 highway or on or in the waters of the State with a measurable
 

 
Page 66                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 amount of alcohol.  For purposes of this section, "measurable
 
 2 amount of alcohol" means a test result equal to or greater than
 
 3 .02 but less than .08 grams of alcohol per one hundred
 
 4 milliliters or cubic centimeters of blood or equal to or greater
 
 5 than .02 but less than .08 grams of alcohol per two hundred ten
 
 6 liters of breath.
 
 7      (b)  A person who violates this section shall be sentenced
 
 8 as follows:
 
 9      (1)  For a first violation or any violation not preceded
 
10           within a five-year period by a prior alcohol
 
11           enforcement contact:
 
12           (A)  The court shall impose:
 
13                (i)  A requirement that the person and, if the
 
14                     person is under the age of eighteen, the
 
15                     person's parent or guardian attend an alcohol
 
16                     abuse education and counseling program for
 
17                     not more than ten hours; and
 
18               (ii)  One hundred eighty-day prompt suspension of
 
19                     license and privilege to operate a vehicle
 
20                     with absolute prohibition from operating a
 
21                     vehicle during the suspension period, or in
 
22                     the case of a person eighteen years of age or
 
23                     older, the court may impose, in lieu of the
 

 
Page 67                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

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

 
Page 68                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           (B)  In addition, the court may impose any of the
 
 2                following:
 
 3                (i)  Not more than fifty hours of community
 
 4                     service work; or
 
 5               (ii)  A fine of not less than $300 but not more
 
 6                     than $1,000.
 
 7      (3)  For a violation that occurs within five years of two
 
 8           prior alcohol enforcement contacts:
 
 9           (A)  The court shall impose revocation of license and
 
10                privilege to operate a vehicle for a period of two
 
11                years; and
 
12           (B)  In addition, the court may impose any of the
 
13                following:
 
14                (i)  Not more than one hundred hours of community
 
15                     service work; or
 
16               (ii)  A fine of not less than $300 but not more
 
17                     than $1,000.
 
18      (c)  Notwithstanding any other law to the contrary, any
 
19 conviction or plea under this section shall be considered a prior
 
20 alcohol enforcement contact.
 
21      (d)  Whenever a court sentences a person pursuant to
 
22 subsection (b)(2) or (3), it also shall require that the person
 
23 be referred to a substance abuse counselor who has been certified
 

 
Page 69                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

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

 
Page 70                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 pursuant to section    -11.  The court shall order the person to
 
 2 make restitution in a lump sum, or in a series of prorated
 
 3 installments, to the police department or other agency incurring
 
 4 the expense of the blood test.
 
 5      (h)  The requirement to provide proof of financial
 
 6 responsibility pursuant to section 287-20 shall not be based upon
 
 7 a sentence imposed under subsection (b)(1).
 
 8      (i)  Any person who violates this section shall be guilty of
 
 9 a violation.
 
10      (j)  As used in this section, the terms "driver's license"
 
11 and "examiner of drivers" have the same meanings as provided in
 
12 section 286-2.
 
13      §   -85  Refusal to submit to testing for measurable amount
 
14 of alcohol; district court hearing; sanctions; appeals;
 
15 admissibility.(a)  If a person under arrest for operating a
 
16 vehicle after consuming a measurable amount of alcohol, pursuant
 
17 to section    -84, refuses to submit to a breath or blood test,
 
18 none shall be given, except as provided in section    -21, but
 
19 the arresting officer, as soon as practicable, shall submit an
 
20 affidavit to a district judge of the circuit in which the arrest
 
21 was made, stating:
 
22      (1)  That at the time of the arrest, the arresting officer
 
23           had probable cause to believe the arrested person was
 

 
Page 71                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           under the age of twenty-one and had been operating a
 
 2           vehicle upon a public way, street, road, or highway or
 
 3           on or in the waters of the State with a measurable
 
 4           amount of alcohol concentration;
 
 5      (2)  That the arrested person had been informed of the
 
 6           sanctions of this section; and
 
 7      (3)  That the person had refused to submit to a breath or
 
 8           blood test.
 
 9      (b)  Upon receipt of the affidavit, the district judge shall
 
10 hold a hearing within twenty days.  The district judge shall hear
 
11 and determine:
 
12      (1)  Whether the arresting officer had probable cause to
 
13           believe that the person was under the age of twenty-one
 
14           and had been operating a vehicle upon a public way,
 
15           street, road, or highway or on or in the waters of the
 
16           State with a measurable amount of alcohol
 
17           concentration;
 
18      (2)  Whether the person was lawfully arrested;
 
19      (3)  Whether the arresting officer had informed the person
 
20           of the sanctions of this section; and
 
21      (4)  Whether the person refused to submit to a test of the
 
22           person's breath or blood.
 
23      (c)  If the district judge finds the statements contained in
 

 
Page 72                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 the affidavit are true, the judge shall suspend the arrested
 
 2 person's license and privilege to operate a vehicle as follows:
 
 3      (1)  For a first suspension, or any suspension not preceded
 
 4           within a five-year period by a suspension under this
 
 5           section, for a period of twelve months; and
 
 6      (2)  For any subsequent suspension under this section, for a
 
 7           period not less than two years and not more than five
 
 8           years.
 
 9      (d)  An order of a district court issued under this section
 
10 may be appealed to the supreme court.
 
11      (e)  If a legally arrested person under the age of twenty-
 
12 one refuses to submit to a test of the person's breath or blood,
 
13 proof of refusal shall be admissible only in a hearing under this
 
14 section or part III of this chapter and shall not be admissible
 
15 in any other action or proceeding, whether civil or criminal."
 
16      SECTION 3.  Section 199-3, Hawaii Revised Statutes, is
 
17 amended by amending subsection (a) to read as follows:
 
18      "(a)  The conservation and resources enforcement officers,
 
19 with respect to all state lands, including public lands, state
 
20 parks, forest reserves, forests, aquatic life and wildlife areas,
 
21 Kaho`olawe island reserve, and any other lands and waters subject
 
22 to the jurisdiction of the department of land and natural
 
23 resources, shall:
 

 
Page 73                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      (1)  Enforce title 12, chapters 6E and 6K, and rules adopted
 
 2           thereunder;
 
 3      (2)  Investigate complaints, gather evidence, conduct
 
 4           investigations, and conduct field observations and
 
 5           inspections as required or assigned;
 
 6      (3)  Cooperate with enforcement authorities of the State,
 
 7           counties, and federal government in development of
 
 8           programs and mutual agreements for conservation and
 
 9           resources enforcement activities within the State;
 
10      (4)  Cooperate with established search and rescue agencies
 
11           of the counties and the federal government in
 
12           developing plans and programs[,] and mutual aid
 
13           agreements for search and rescue activities within the
 
14           State;
 
15      (5)  Check and verify all leases, permits, and licenses
 
16           issued by the department of land and natural resources;
 
17      (6)  Enforce the laws relating to firearms, ammunition, and
 
18           dangerous weapons contained in chapter 134;
 
19      (7)  Enforce the laws in chapter     relating to operating a
 
20           vessel on or in the waters of the State while using
 
21           intoxicants;
 
22     [(7)] (8)  Whether through a specifically designated marine
 
23           patrol or otherwise, enforce the rules in the areas of
 

 
Page 74                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           boating safety, conservation, and search and rescue
 
 2           relative to the control and management of boating
 
 3           facilities owned or controlled by the State, ocean
 
 4           waters, and navigable streams and any activities
 
 5           thereon or therein, and beaches encumbered with
 
 6           easements in favor of the public, and the rules
 
 7           regulating vessels and their use in the waters of the
 
 8           State; and
 
 9     [(8)] (9)  Carry out [such] other duties and responsibilities
 
10           as the board of land and natural resources from time to
 
11           time may direct."
 
12      SECTION 4.  Section 287-20, Hawaii Revised Statutes, is
 
13 amended by amending subsections (a) and (b) to read as follows:
 
14      "(a)  Whenever a driver's license has been suspended or
 
15 revoked:
 
16      (1)  Pursuant to [section 286-151.5 or part XIV of chapter
 
17           286,] section    -85 or part III of chapter    , except
 
18           as provided in section [291-4(f);]    -41(f);
 
19      (2)  Upon a conviction of any offense pursuant to law; or
 
20      (3)  In the case of minors, pursuant to part V of chapter
 
21           571,
 
22 the license shall not at any time thereafter be issued to the
 
23 person whose license has been suspended or revoked, nor shall the
 

 
Page 75                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 person thereafter operate a motor vehicle, unless and until the
 
 2 person has furnished and thereafter maintains proof of financial
 
 3 responsibility; provided that this section shall not apply to a
 
 4 license suspended pursuant to section [291-4.3(b)(1),]
 
 5    -81(c)(1) or    -84(b)(1), any conviction of a moving
 
 6 violation, any administrative license suspension pursuant to
 
 7 chapter 291A, or the first conviction within a five-year period
 
 8 for driving without a valid motor vehicle insurance policy.
 
 9      (b)  Whenever by reason of a conviction of, or adjudication
 
10 under part V of chapter 571 by reason of, any of the offenses
 
11 listed in this subsection, under the laws of the State or
 
12 ordinances of any [political subdivision,] county, a court of
 
13 competent jurisdiction has discretion to revoke or suspend a
 
14 driver's license but does not revoke or suspend the license, the
 
15 administrator [shall] nevertheless, after the expiration of
 
16 thirty days from the date of conviction or adjudication, shall
 
17 suspend the license and shall keep the [same] license suspended,
 
18 and the person so convicted or adjudicated shall not thereafter
 
19 operate a motor vehicle, unless and until the person so convicted
 
20 or adjudicated furnishes and thereafter maintains proof of
 
21 financial responsibility.  The offenses referred to are:
 
22      (1)  Reckless or inattentive driving, operating a vehicle
 
23           while under the influence of an intoxicant, driving
 

 
Page 76                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           while under the influence of intoxicating liquor,
 
 2           driving while under the influence of drugs, and driving
 
 3           while that person's license has been suspended or
 
 4           revoked, and operating a vehicle after license and
 
 5           privilege to operate a vehicle have been suspended or
 
 6           revoked, except when a person's license has been
 
 7           suspended or revoked for the first conviction of
 
 8           driving without a motor vehicle insurance policy; and
 
 9      (2)  Conviction or adjudication under part V of chapter 571
 
10           by reason of any moving violation offense involving a
 
11           motor vehicle if the motor vehicle is in any manner
 
12           involved in an accident in which any person is killed
 
13           or injured, or in which damage to property results to
 
14           an apparent extent in excess of $3,000 and there are
 
15           reasonable grounds for the administrator to believe
 
16           that the defendant is at fault."
 
17      SECTION 5.  Section 663-1.9, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§663-1.9  Exception to liability for health care provider
 
20 authorized person withdrawing blood or urine at the direction of
 
21 a police officer.(a)  Any health care provider who, in good
 
22 faith in compliance with section [286-163,]    -21, provides
 
23 notice concerning the alcohol concentration of a person's blood
 

 
Page 77                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 or drug content of a person's blood or urine shall be immune from
 
 2 any civil liability in any action based upon the compliance.  The
 
 3 health care provider also shall [also] be immune from any civil
 
 4 liability for participating in any subsequent judicial proceeding
 
 5 relating to the person's compliance.
 
 6      (b)  Any authorized person who properly withdraws blood or
 
 7 collects urine from another person at the written request of a
 
 8 police officer for testing of the blood's [alcoholic] alcohol
 
 9 concentration or drug content[,] or the drug content of the
 
10 urine, and any hospital, laboratory, or clinic, employing or
 
11 utilizing the services of such person, and owning or leasing the
 
12 premises on which [such] the tests are performed, shall not be
 
13 liable for civil damages resulting from the authorized person's
 
14 acts or omissions in withdrawing the blood[,] or collecting
 
15 urine, except for such damages as may result from the authorized
 
16 person's gross negligence or wanton acts or omissions.
 
17      (c)  For the purpose of this section:
 
18      "Authorized person" means a person authorized under
 
19 section [286-152]    -12 to withdraw blood at the direction of a
 
20 police officer.
 
21      "Health care provider" has the same meaning as in
 
22 section [286-163.]    -21."
 
23      SECTION 6.  Chapter 200, part VII, Hawaii Revised Statutes,
 

 
Page 78                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 is repealed.
 
 2      SECTION 7.  Chapter 286, part VII, Hawaii Revised Statutes,
 
 3 is repealed.
 
 4      SECTION 8.  Chapter 286, part XIV, Hawaii Revised Statutes,
 
 5 is repealed.
 
 6      SECTION 9.  Section 291-4, Hawaii Revised Statutes, is
 
 7 repealed.
 
 8      ["§291-4 Driving under the influence of intoxicating
 
 9 liquor.(a)  A person commits the offense of driving under the
 
10 influence of intoxicating liquor if:
 
11      (1)  The person operates or assumes actual physical control
 
12           of the operation of any vehicle while under the
 
13           influence of intoxicating liquor, meaning that the
 
14           person concerned is under the influence of intoxicating
 
15           liquor in an amount sufficient to impair the person's
 
16           normal mental faculties or ability to care for oneself
 
17           and guard against casualty; or
 
18      (2)  The person operates or assumes actual physical control
 
19           of the operation of any vehicle with .08 or more grams
 
20           of alcohol per one hundred milliliters or cubic
 
21           centimeters of blood or .08 or more grams of alcohol
 
22           per two hundred ten liters of breath.
 
23      (b)  A person committing the offense of driving under the
 

 
Page 79                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 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;
 

 
Page 80                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 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 291-
 
 8           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 hundred hours of community
 
14                     service work; or
 
15               (ii)  Not less than forty-eight consecutive hours
 
16                     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 291-
 

 
Page 81                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           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
 

 
Page 82                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 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      (c)  Whenever a court sentences a person pursuant to
 
 8 subsection (b), it shall also require that the offender be
 
 9 referred to a substance abuse counselor who has been certified
 
10 pursuant to section 321-193 for an assessment of the offender's
 
11 alcohol abuse or dependence and the need for appropriate
 
12 treatment.  The counselor shall submit a report with
 
13 recommendations to the court.  The court may require the offender
 
14 to obtain appropriate treatment if the counselor's assessment
 
15 establishes the offender's alcohol abuse or dependence.
 
16      All cost for assessment or treatment or both shall be borne
 
17 by the offender.
 
18      (d)  Notwithstanding any other law to the contrary, whenever
 
19 a court revokes a person's driver's license pursuant to the
 
20 provisions of this section, the examiner of drivers shall not
 
21 grant to the person an application for a new driver's license for
 
22 a period to be determined by the court.
 
23      (e)  Any person sentenced under this section may be ordered
 

 
Page 83                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 to reimburse the county for the cost of any blood tests conducted
 
 2 under section 286-152.  The court shall order the person to make
 
 3 restitution in a lump sum, or in a series of prorated
 
 4 installments, to the police department, or other agency incurring
 
 5 the expense of the blood test.
 
 6      (f)  The requirement to provide proof of financial
 
 7 responsibility pursuant to section 287-20 shall not be based upon
 
 8 a revocation under part XIV of chapter 286 unless the person's
 
 9 license had been previously revoked under that part in the
 
10 five-year period immediately preceding the revocation at issue,
 
11 nor shall the requirement to provide proof of financial
 
12 responsibility pursuant to section 287-20 be based upon a
 
13 sentence imposed under subsection (b)(1).
 
14      (g)  As used in this section the terms "driver", "driver's
 
15 license", and "examiner of drivers", shall have the same meanings
 
16 as provided in section 286-2 and the term "vehicle" shall have
 
17 the same meaning as provided in section 291C-1."]
 
18      SECTION 10.  Section 291-4.3, Hawaii Revised Statutes, is
 
19 repealed.
 
20      "[§291-4.3  Driving after consuming a measurable amount of
 
21 alcohol; persons under the age of twenty-one.  (a)  It shall be
 
22 unlawful for any person under the age of twenty-one years to
 
23 drive, operate, or assume actual physical control of the
 

 
Page 84                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

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

 
Page 85                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

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

 
Page 86                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

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

 
Page 87                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

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

 
Page 88                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

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

 
Page 89                                                    1881
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

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

 
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                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 influence offense means a violation of this section or section
 
 2 291-4, 291-7, or 707-702.5, or violation of laws in another
 
 3 jurisdiction that requires proof of each element of the offenses
 
 4 punishable under either this section or section 291-4, 291-7, or
 
 5 707-702.5 if committed in Hawaii.
 
 6      (c)  Habitually driving under the influence of intoxicating
 
 7 liquor or drugs is a class C felony."]
 
 8      SECTION 12.  Section 291-4.5, Hawaii Revised Statutes, is
 
 9 repealed.
 
10      ["§291-4.5  Driving after license suspended or revoked for
 
11 driving under the influence of intoxicating liquor; penalties.
 
12 (a)  No person whose driver's license has been revoked,
 
13 suspended, or otherwise restricted pursuant to chapter 286 or
 
14 section 291-4 or 291-7 shall operate a motor vehicle upon the
 
15 highways of this State either while the person's license remains
 
16 suspended or revoked or in violation of the restrictions placed
 
17 on the person's license.  The period of suspension or revocation
 
18 shall commence upon the release of the person from the period of
 
19 imprisonment imposed pursuant to this section.
 
20      (b)  Any person convicted of violating this section shall be
 
21 sentenced as follows:
 
22      (1)  For a first offense, or any offense not preceded within
 
23           a five-year period by a conviction under this section:
 

 
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 1           (A)  A term of imprisonment at least three consecutive
 
 2                days but not more than thirty days;
 
 3           (B)  A fine not less than $250 but not more than
 
 4                $1,000; and
 
 5           (C)  License suspension or revocation for an additional
 
 6                year;
 
 7      (2)  For an offense which occurs within five years of a
 
 8           prior conviction under this section:
 
 9           (A)  Thirty days imprisonment;
 
10           (B)  A fine of $1,000; and
 
11           (C)  License suspension or revocation for an additional
 
12                two years; and
 
13      (3)  For an offense that occurs within five years of two or
 
14           more prior convictions under this section:
 
15           (A)  One year imprisonment;
 
16           (B)  A $2,000 fine; and
 
17           (C)  Permanent revocation of the person's license."]
 
18      SECTION 13.  Section 291-5, Hawaii Revised Statutes, is
 
19 repealed.
 
20      ["§291-5 Evidence of intoxication.(a)  In any criminal
 
21 prosecution for a violation of section 291-4, .08 or more grams
 
22 of alcohol per one hundred milliliters or cubic centimeters of
 
23 the defendant's blood or .08 or more grams of alcohol per two
 

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

 
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 1           liters of defendant's breath, but less than .08 grams
 
 2           of alcohol per one hundred milliliters or cubic
 
 3           centimeters of defendant's blood or .08 grams of
 
 4           alcohol per two hundred ten liters of defendant's
 
 5           breath, that fact may be considered with other
 
 6           competent evidence in determining whether or not the
 
 7           defendant was at the time of the alleged violation
 
 8           under the influence of intoxicating liquor but shall
 
 9           not of itself give rise to any presumption.
 
10      (c)  Nothing in this section shall be construed as limiting
 
11 the introduction, in any criminal proceeding for a violation
 
12 under section 291-4 or in any proceeding under part XIV of
 
13 chapter 286, of relevant evidence of a person's alcohol content
 
14 obtained more than three hours after an alleged violation;
 
15 provided that the evidence is offered in compliance with the
 
16 Hawaii rules of evidence."]
 
17      SECTION 14.  Section 291-6, Hawaii Revised Statutes, is
 
18 repealed.
 
19      ["§291-6 Medical services.  The several county and
 
20 government physicians shall, or any other qualified person may,
 
21 make such tests and analyses as may be requested of them by any
 
22 police officer in connection with the determination of whether or
 
23 not a person is or was under the influence of intoxicating liquor
 

 
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 1 for the purposes of sections 291-4 and 291-5."]
 
 2      SECTION 15.  Section 291-7, Hawaii Revised Statues, is
 
 3 repealed.
 
 4      ["§291-7 Driving under the influence of drugs.(a)  A
 
 5 person commits the offense of driving under the influence of
 
 6 drugs if the person operates or assumes actual physical control
 
 7 of the operation of any vehicle while under the influence of ay
 
 8 drug which impairs such person's ability to operate the vehicle
 
 9 in a careful and prudent manner.  The term "drug" as used in this
 
10 section shall mean any controlled substance as defined and
 
11 enumerated on schedules I through IV of chapter 329.
 
12      (b)  A person committing the offense of driving under the
 
13 influence of drugs shall be sentenced as follows without
 
14 possibility of probation or suspension of sentence:
 
15      (1)  For a first offense, or any offense not preceded within
 
16           a five-year period by a conviction under this section,
 
17           by:
 
18           (A)  A fourteen-hour minimum drug abuse rehabilitation
 
19                program, including education and counseling, or
 
20                other comparable programs deemed appropriate by
 
21                the court; and
 
22           (B)  Ninety-day prompt suspension of license with
 
23                absolute prohibition from operating a motor
 

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

 
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 1               (ii)  Not less than forty-eight consecutive hours
 
 2                     of imprisonment; and
 
 3           (C)  A fine of not less than $500 but not more than
 
 4                $1,000.
 
 5      (3)  For an offense which occurs within five years of two
 
 6           prior convictions under this section, by:
 
 7           (A)  A fine of not less than $500 but not more than
 
 8                $1,000;
 
 9           (B)  Revocation of license for a period not less than
 
10                one year but not more than five years; and
 
11           (C)  Not less than ten days but not more than one
 
12                hundred eighty days imprisonment.
 
13      (4)  Notwithstanding any other law to the contrary, any
 
14           conviction for driving under the influence of drugs
 
15           shall be considered a prior conviction.
 
16      (c)  Whenever a court sentences a person pursuant to
 
17 subsection (b)(2) or (3), it shall also require that the offender
 
18 be referred to a substance abuse counselor who has been certified
 
19 pursuant to section 321-193 for an assessment of the offender's
 
20 drug dependence and the need for treatment.  The counselor shall
 
21 submit a report with recommendations to the court.  The court may
 
22 require the offender to obtain appropriate treatment.
 
23      All costs for such assessment or treatment or both shall be
 

 
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 1 borne by the offender.
 
 2      (d)  Notwithstanding any other law to the contrary, whenever
 
 3 a court revokes a person's driver's license pursuant to the
 
 4 provisions of this section, the examiner of drivers shall not
 
 5 grant to such person an application for a new driver's license
 
 6 for such period as specified by the court.
 
 7      (e)  As used in this section, the terms "driver", "driver's
 
 8 license", and "examiner of drivers" shall have the same meanings
 
 9 as provided in section 286-2; and the term "vehicle" shall have
 
10 the same meaning as provided in section 291C-1."]
 
11      SECTION 16.  If any provision of this Act, or the
 
12 application thereof to any person or circumstance is held
 
13 invalid, the invalidity does not affect other provisions or
 
14 applications of the Act which can be given effect without the
 
15 invalid provision or application,and to this end the provisions
 
16 of this Act are severable.
 
17      SECTION 17.  The legislative reference bureau shall prepare
 
18 proposed conforming legislation to make necessary amendments to
 
19 statutes affected by the repeal of part VII of chapter 200, parts
 
20 VII and XIV of chapter 286, and sections 291-4, 291-4.3, 291-4.4,
 
21 291-4.5, 291-5, 291-6, and 291-7.  The revisor of statutes shall
 
22 transmit such proposed legislation to the legislature not later
 
23 than twenty days prior to the convening of the regular session of
 

 
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 1 2002.
 
 2      SECTION 18.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 19.  This Act shall take effect on January 1, 2002,
 
 5 and shall apply to any act occurring after its effective date.