REPORT TITLE:
DUI; MV; Forfeiture


DESCRIPTION:
Requires the forfeiture of any motor vehicle being driven at the
time of 3rd DUI offense for which the driver is subsequently
convicted, subject to the requirements of the criminal forfeiture
law.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            233         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR.



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

 1      SECTION 1.  Section 291-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  A person committing the offense of driving under the
 
 4 influence of intoxicating liquor shall be sentenced as follows
 
 5 without possibility of probation or suspension of sentence:
 
 6      (1)  For the first offense, or any offense not preceded
 
 7           within a five-year period by a conviction under this
 
 8           section, by:
 
 9           (A)  A fourteen-hour minimum alcohol abuse
 
10                rehabilitation program including education and
 
11                counseling, or other comparable program deemed
 
12                appropriate by the court; and
 
13           (B)  Ninety-day prompt suspension of license with
 
14                absolute prohibition from operating a motor
 
15                vehicle during suspension of license, or the court
 
16                may impose, in lieu of the ninety-day prompt
 
17                suspension of license, a minimum thirty-day prompt
 
18                suspension of license with absolute prohibition
 
19                from operating a motor vehicle and, for the
 

 
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                                     H.B. NO.           
                                                        
                                                        

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

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1                $1,500.
 
 2      (3)  For an offense [which] that occurs within five years of
 
 3           two prior convictions under this section, by:
 
 4           (A)  A fine of not less than $500 but not more than
 
 5                $2,500;
 
 6           (B)  Revocation of license for a period not less than
 
 7                one year but not more than five years; and
 
 8           (C)  Not less than ten days but not more than thirty
 
 9                days imprisonment, of which at least forty-eight
 
10                hours shall be served consecutively.
 
11      [(4)] Notwithstanding any other law to the contrary, any
 
12 conviction for driving under the influence of intoxicating
 
13 liquor[,] shall be considered a prior conviction[.]; and subject
 
14 to chapter 712A, any motor vehicle being driven at the time of an
 
15 offense for which the driver is subsequently convicted under
 
16 paragraph (3) shall be ordered forfeited to the State for
 
17 destruction or other disposition.
 
18      [(5)] No license suspension or revocation shall be imposed
 
19 pursuant to this subsection if the person's license has
 
20 previously been administratively revoked pursuant to part XIV of
 
21 chapter 286 for the same offense; provided that[,] if the
 
22 administrative revocation is subsequently reversed, the person's
 
23 license shall be suspended or revoked as provided in this
 

 
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 1 subsection."
 
 2      SECTION 2.  This Act does not affect rights and duties that
 
 3 matured, penalties that were incurred, and proceedings that were
 
 4 begun, before its effective date.
 
 5      SECTION 3.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 4.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:  _______________________