REPORT TITLE:
Driver's License Revocation


DESCRIPTION:
Amends the law relating to administrative revocation of driver's
licenses to include revocation of all motor vehicle registrations
issued to a driver who has been convicted of a previous violation
of driving under the influence of intoxicating liquor or
habitually driving under the influence of liquor or drugs.
(HB2618 HD1)

 
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                                                        2618
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO REPEAT INTOXICATED DRIVERS.



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

 1      SECTION 1.  The legislature finds that section 5 of the
 
 2 federal TEA-21 Restoration Act establishes a new program under
 
 3 Section 164 of Chapter 1, Title 23 U.S.C., encouraging states to
 
 4 enact repeat intoxicated driver laws.  States that do not have a
 
 5 repeat intoxicated driver law by October 1, 2000, must transfer
 
 6 1.5 per cent of federal aid highway funds to the state's Section
 
 7 402 state and community highway safety funds for the first two
 
 8 years.  If this measure is not enacted by September 30, 2001,
 
 9 three per cent of the State's federal aid highway funds will be
 
10 transferred until the State enacts this legislation.
 
11      The legislature further finds that each state is required to
 
12 have in effect a repeat intoxicated driver law that imposes on
 
13 impaired drivers who have been convicted of a previous driving
 
14 under the influence violation of the following minimum penalty:
 
15      (1)  A driver's license suspension for not less than one
 
16           year;
 
17      (2)  Vehicle impoundment, immobilization of each of the
 
18           individual's motor vehicles, or the installation of an
 
19           ignition interlock system on each of the motor
 

 
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 1           vehicles;
 
 2      (3)  An assessment of the individual's degree of abuse of
 
 3           alcohol and treatment; and
 
 4      (4)  Community services for not less than thirty days or
 
 5           five days of imprisonment for a second offense; and not
 
 6           less than ten days of imprisonment for a third and
 
 7           subsequent offenses.
 
 8 The penalties for a first time offender are unchanged.
 
 9      Accordingly, the purpose of this Act is to amend the law
 
10 relating to the administrative revocation of driver's licenses by
 
11 expanding that law to include the revocation of all motor vehicle
 
12 registrations issued to a driver who has been convicted of a
 
13 previous violation of driving under the influence of intoxicating
 
14 liquor (section 291-4, Hawaii Revised Statutes) or habitually
 
15 driving under the influence of intoxicating liquor or drugs
 
16 (section 291-4.4).  In addition, this Act increases the penalties
 
17 for subsequent convictions under section 291-4.
 
18      SECTION 2.  Chapter 286, part XIV, Hawaii Revised Statutes,
 
19 is amended by amending its title to read as follows:
 
20     "PART XIV.  ADMINISTRATIVE REVOCATION OF DRIVER'S LICENSE
 
21                  AND MOTOR VEHICLE REGISTRATION"
 
22      SECTION 3.  Section 286-251, Hawaii Revised Statutes, is
 

 
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 1 amended as follows:
 
 2      1.  By adding three new definitions to be appropriately
 
 3 inserted and to read as follows:
 
 4      ""Household member" means:
 
 5      (1)  Adults who are related by blood, marriage, or adoption
 
 6           or who are unrelated but have maintained a stable
 
 7           family relationship together over a period of time or
 
 8           who are reciprocal beneficiaries, and
 
 9      (2)  Individuals under eighteen years of age related to the
 
10           above adults by marriage, blood, or adoption
 
11      who reside in the same dwelling unit.
 
12      "Qualified household member" means a household member of the
 
13 arrestee who has a driver's license that has not expired or been
 
14 suspended or revoked.
 
15      "Temporary vehicle registration" means the portion of the
 
16 notice of administrative revocation that, when completed by the
 
17 arresting officer, permits the arrestee to drive the vehicles
 
18 registered in the name of the arrestee for thirty days or until
 
19 the time established by the director under this part."
 
20      2.  By amending the definition of "administrative
 
21 revocation" to read as follows:
 
22      ""Administrative revocation" means termination of the
 

 
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 1 arrestee's driver's license or all motor vehicles registered to
 
 2 the arrestee, or both, pursuant to this part and does not include
 
 3 any revocation imposed under section 291-4 or 291-4.4."
 
 4      3.  By amending the definitions of "alcohol enforcement
 
 5 contact" and "arrestee" to read as follows:
 
 6      ""Alcohol enforcement contact" means [any]:
 
 7      (1)  Any administrative revocation ordered pursuant to this
 
 8           part; [any driver's license]
 
 9      (2)  Any suspension or revocation of any driver's license or
 
10           motor vehicle registration, or both, imposed by this or
 
11           any other state or federal jurisdiction for refusing to
 
12           submit to a test for alcohol concentration in the
 
13           person's blood; or [any]
 
14      (3)  Any conviction in this or any other state or federal
 
15           jurisdiction for driving, operating, or being in
 
16           physical control of a motor vehicle while having an
 
17           unlawful concentration of alcohol in the blood, or
 
18           while under the influence of alcohol.
 
19      "Arrestee" means a person arrested for violation of section
 
20 291-4 or 291-4.4 and, for purposes of this part, also refers to a
 
21 person from whom a blood sample has been drawn pursuant to
 
22 section 286-163, because there was probable cause to believe that
 

 
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 1 the person has violated section 291-4[.] or 291-4.4."
 
 2      SECTION 4.  Section 286-252, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§286-252  Notice of administrative revocation; effect.  As
 
 5 used in this part, the notice of administrative revocation:
 
 6      (1)  Establishes that the arrestee's driving privilege in
 
 7           this State shall be terminated thirty days after the
 
 8           date of arrest or [such] a later date as is established
 
 9           by the director under section 286-259, if the director
 
10           administratively revokes the arrestee's license;
 
11      (2)  Establishes that the registrations of all motor
 
12           vehicles registered to an arrestee who previously:
 
13           (A)  Has been convicted of a violation of section 291-4
 
14                or 291-4.4 during the five years preceding the
 
15                date of arrest;
 
16           (B)  Has been convicted of three or more violations of
 
17                section 291-4 or 291-4.4 during the ten years
 
18                preceding the date of arrest; or
 
19           (C)  Has had one prior alcohol enforcement contact
 
20                during the five years preceding the date of arrest
 
21                or three or more prior alcohol enforcement
 
22                contacts during the ten years preceding the date
 

 
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 1                of arrest
 
 2           shall be terminated thirty days after the date of an
 
 3           arrest pursuant to section 286-255(b);
 
 4     [(2)] (3)  Establishes the date on which administrative
 
 5           revocation proceedings against the arrestee were
 
 6           initiated; and
 
 7     [(3)] (4)  Serves as a temporary driver's permit [to drive]
 
 8           and temporary motor vehicle registration as provided in
 
 9           section 286-255."
 
10      SECTION 5.  Section 286-254, Hawaii Revised Statutes, is
 
11 amended as follows:
 
12      1.  By amending subsections (b) to (e) to read as follows:
 
13      "(b)  The notice, when completed by the arresting officer
 
14 and issued to the arrestee, shall contain at a minimum the
 
15 following information relating to the arrest:
 
16      (1)  Information identifying the arrestee;
 
17      (2)  The specific violation for which the person was
 
18           arrested;
 
19      (3)  The date issued and the date the administrative
 
20           revocation is scheduled to go into effect;
 
21      (4)  That the arrestee was informed of the sanctions of this
 
22           part and of the consequences of refusing to be tested
 

 
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 1           for alcohol [content] concentration of the blood and
 
 2           whether or not the arrestee consented to be tested;
 
 3      (5)  The expiration date of the temporary driver's permit[;]
 
 4           and the temporary motor vehicle registration, if
 
 5           applicable; and
 
 6      (6)  That the arrest will be administratively reviewed.
 
 7      (c)  The notice shall provide, at a minimum, the following
 
 8 information relating to the administrative review:
 
 9      (1)  That the review is automatic;
 
10      (2)  That the arrestee [may], within three days of the
 
11           arrest, may submit written information demonstrating
 
12           why the arrestee's driver's license and motor vehicle
 
13           registration, if applicable, should not be
 
14           administratively revoked;
 
15      (3)  The address or location where the arrestee may submit
 
16           the information;
 
17      (4)  That the arrestee is not entitled to be present or
 
18           represented at the review; and
 
19      (5)  That the review decision shall be mailed to the
 
20           arrestee no later than eight days after the date of the
 
21           arrest.
 
22      (d)  The notice shall state that if the arrestee's license
 

 
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 1 is not administratively revoked after the review, the arrestee's
 
 2 driver's license and motor vehicle registration and license
 
 3 plates, if applicable, shall be returned, unless a subsequent
 
 4 alcohol enforcement contact has occurred, along with a certified
 
 5 statement that the administrative revocation proceedings have
 
 6 been terminated.
 
 7      (e)  The notice shall state that if the arrestee's [is]
 
 8 driver's license and motor vehicle registration, if applicable,
 
 9 are administratively revoked after the review, a decision shall
 
10 be mailed to the arrestee containing, at a minimum, the following
 
11 information:
 
12      (1)  The reasons why the arrestee's driver's license [was]
 
13           and motor vehicle registration, if applicable, were
 
14           administratively revoked;
 
15      (2)  That the arrestee may request the director, within six
 
16           days of the date the decision is mailed, to schedule an
 
17           administrative hearing to review the administrative
 
18           revocation;
 
19      (3)  That if the [arrestee requests] arrestee's request for
 
20           an administrative hearing is received within six days,
 
21           the hearing shall be scheduled to commence no later
 
22           than twenty-five days after the date of arrest;
 

 
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 1      (4)  The procedure to request an administrative hearing;
 
 2      (5)  That failure to request an administrative hearing
 
 3           within the time provided shall cause the administrative
 
 4           revocation to take effect for the period and under the
 
 5           conditions established by the director in the decision;
 
 6      (6)  That the arrestee may regain the right to a hearing by
 
 7           requesting the director, within sixty days after the
 
 8           arrest, to schedule a hearing;
 
 9      (7)  That the director shall schedule the hearing to
 
10           commence no later than thirty days after the request is
 
11           [made] received but that, except as provided in section
 
12           286-259(k), the temporary permit shall not[, in any
 
13           event,] be extended if the arrestee fails to request an
 
14           administrative hearing within the initial six-day
 
15           period provided for that purpose;
 
16      (8)  That failure to attend the hearing shall cause the
 
17           administrative revocation to take effect for the period
 
18           and under the conditions indicated; [and]
 
19      (9)  The duration of the administrative revocation and
 
20           other conditions [which] that may be imposed, including
 
21           referral to the driver's education program for alcohol
 
22           counseling[,] and alcohol treatment[, and installation
 

 
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 1           of an ignition interlock system.]; and
 
 2     (10)  That the director may grant a special registration to a
 
 3           qualified household member or to a co-owner of any
 
 4           motor vehicle owned by the arrestee upon a
 
 5           determination that the person is completely dependent
 
 6           on the motor vehicle for the necessities of life;
 
 7           provided that the special registration shall not be
 
 8           valid for use by the arrestee."
 
 9      2.  By amending subsections (g) and (h) to read:
 
10      "(g)  The notice shall state that if the administrative
 
11 revocation is reversed after the hearing, the arrestee's driver's
 
12 license and motor vehicle registration, if applicable, and any
 
13 fees collected from the arrestee under this part shall be
 
14 returned along with a certified statement that the administrative
 
15 revocation proceedings have been terminated.
 
16      (h)  The notice shall state that if the administrative
 
17 revocation is sustained at the hearing, a decision shall be
 
18 mailed to the arrestee containing, at a minimum, the following
 
19 information:
 
20      (1)  The effective date of the administrative revocation;
 
21      (2)  The duration of the administrative revocation;
 
22      (3)  The date by which all motor vehicle license plates
 

 
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 1           issued to the arrestee must be surrendered to the
 
 2           director;
 
 3      (4)  That failure to surrender all motor vehicle license
 
 4           plates as required is a misdemeanor;
 
 5     [(3)] (5)  Other conditions [which] that may be imposed by
 
 6           law; and
 
 7     [(4)] (6)  The right to obtain judicial review."
 
 8      SECTION 6.  Section 286-255, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§286-255  Arrest; procedures.(a)  Whenever a person is
 
11 arrested for a violation of section 291-4 or 291-4.4, on a
 
12 determination by the arresting officer that:
 
13      (1)  There was reasonable suspicion to stop the motor
 
14           vehicle, or that the motor vehicle was stopped at an
 
15           intoxication and drug control roadblock established and
 
16           operated in compliance with sections 286-162.5 and
 
17           286-162.6; and
 
18      (2)  There was probable cause to believe that the arrestee
 
19           was driving, operating, or in actual physical control
 
20           of the motor vehicle while under the influence of
 
21           intoxicating liquor;
 
22 the arresting officer immediately shall take possession of any
 

 
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 1 license held by the person and request the arrestee to take a
 
 2 test for concentration of alcohol in the blood.  The arresting
 
 3 officer shall inform the person that the person has the option to
 
 4 take a breath test, a blood test, or both.  The arresting officer
 
 5 also shall inform the person of the sanctions under this part,
 
 6 including the sanction for refusing to take a breath or a blood
 
 7 test.  Thereafter, the arresting officer shall complete and issue
 
 8 to the arrestee a notice of administrative revocation and shall
 
 9 indicate thereon whether the notice shall serve as a temporary
 
10 driver's permit.  The notice shall serve as a temporary driver's
 
11 permit, unless, at the time of arrest, the arrestee was
 
12 unlicensed, the arrestee's license was revoked or suspended, or
 
13 the arrestee had no license in the arrestee's possession.
 
14      (b)  Whenever the police determine that, as the result of a
 
15 blood test performed pursuant to section 286-163(b) and (c),
 
16 there is probable cause to believe that a person being treated in
 
17 a hospital or medical facility has violated section 291-4[,] or
 
18 291-4.4, the police shall complete and issue to the person a
 
19 notice of administrative revocation and shall indicate thereon
 
20 whether the notice shall serve as a temporary driver's permit.
 
21 The notice shall serve as a temporary driver's permit unless, at
 
22 the time the notice was issued, the person was unlicensed, the
 

 
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 1 person's license was revoked or suspended, or the person had no
 
 2 license in the person's possession.
 
 3      (c)  Whenever a person who is arrested for a violation of
 
 4 section 291-4 or 291-4.4 previously:
 
 5      (1)  Has been convicted of a violation of section 291-4 or
 
 6           291-4.4 during the five years preceding the date of
 
 7           arrest;
 
 8      (2)  Has been convicted of three or more violations of
 
 9           section 291-4 or 291-4.4 during the ten years preceding
 
10           the date of arrest; or
 
11      (3)  Has had one prior alcohol enforcement contact during
 
12           the five years preceding the date of arrest or three or
 
13           more prior alcohol enforcement contacts during the ten
 
14           years preceding the date of arrest,
 
15 the arresting officer shall take possession of the motor vehicle
 
16 registration, remove the license plates of the vehicle driven by
 
17 the arrestee, and issue a temporary motor vehicle registration
 
18 and license plates to the arrestee, unless at the time, the
 
19 arrestee's registration is expired or revoked.  The appropriate
 
20 police department, upon determining that the arrestee falls
 
21 within this subsection, shall notify the appropriate county
 
22 director of finance to enter a stopper on the motor vehicle
 

 
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 1 registration files to prevent the arrestee from conducting any
 
 2 motor vehicle transactions, except as provided in this part."
 
 3      SECTION 7.  Section 286-256, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "§286-256  Immediate restoration of license[.] and motor
 
 6 vehicle registration.  If a test conducted in accordance with
 
 7 part VII and section 321-161 and the rules adopted thereunder
 
 8 shows that the arrestee's alcohol concentration was less than
 
 9 .08, the director or the arresting agency shall immediately
 
10 return the arrestee's driver's license and motor vehicle
 
11 registration and license plates, if applicable, along with a
 
12 certified statement that administrative revocation proceedings
 
13 have been terminated with prejudice."
 
14      SECTION 8.  Section 286-257, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "§286-257  Sworn statements of law enforcement officials.
 
17 (a)  Whenever a person:  is arrested for a violation of section
 
18 291-4 or 291-4.4 and submits to a test that establishes that the
 
19 arrestee's alcohol concentration was .08 or more; or has been
 
20 involved in a collision resulting in injury or death and a blood
 
21 test performed pursuant to section 286-163 establishes that the
 
22 person's alcohol concentration was .08 or more, the following
 

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

 
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 1           (D)  The arrestee agreed to be tested or the person was
 
 2                tested pursuant to section 286-163;
 
 3      (2)  The sworn statement of the person responsible for
 
 4           maintenance of the testing equipment stating facts that
 
 5           establish that pursuant to section 321-161 and rules
 
 6           adopted thereunder:
 
 7           (A)  The equipment used to conduct the test was
 
 8                approved for use as an alcohol testing device in
 
 9                this State;
 
10           (B)  The person had been trained and at the time the
 
11                test was conducted was certified and capable of
 
12                maintaining the testing equipment; and
 
13           (C)  The testing equipment used had been properly
 
14                maintained and was in good working condition when
 
15                the test was conducted;
 
16      (3)  The sworn statement of the person who conducted the
 
17           test stating facts that establish that pursuant to
 
18           section 321-161 and rules adopted thereunder:
 
19           (A)  The person was trained and at the time the test
 
20                was conducted was certified and capable of
 
21                operating the testing equipment;
 
22           (B)  The person followed the procedures established for
 

 
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 1                conducting the test;
 
 2           (C)  The equipment used to conduct the test functioned
 
 3                in accordance with operating procedures and
 
 4                indicated that the person's alcohol concentration
 
 5                was at, or above, the prohibited level; and
 
 6           (D)  The person whose breath or blood was tested was
 
 7                the person arrested;
 
 8      (4)  A copy of the notice of administrative revocation
 
 9           issued to the arrestee;
 
10      (5)  Any driver's license, and motor vehicle registration
 
11           and license plates, if applicable, taken into
 
12           possession by the arresting officer; and
 
13      (6)  A listing of any prior alcohol enforcement contacts
 
14           involving the arrestee.
 
15      (b)  Whenever a person is arrested for a violation of
 
16 section 291-4 or 291-4.4 and refuses to submit to a test to
 
17 determine alcohol concentration in the blood, the following shall
 
18 be immediately forwarded to the director:
 
19      (1)  A copy of the arrest report and the sworn statement of
 
20           the arresting officer stating facts that establish
 
21           that:
 
22           (A)  There was reasonable suspicion to stop the motor
 

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

 
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 1 amended to read as follows:
 
 2      "§286-258  Administrative review; procedures.  (a)  The
 
 3 director shall automatically review the issuance of a notice of
 
 4 administrative revocation, and a written decision
 
 5 administratively revoking the driver's license and motor vehicle
 
 6 registration, if applicable, or rescinding the notice of
 
 7 administrative revocation shall be mailed to the arrestee no
 
 8 later than eight days after the date the notice was issued.
 
 9      (b)  The arrestee shall have the opportunity to demonstrate
 
10 in writing why the arrestee's driver's license and motor vehicle
 
11 registration, if applicable, should not be administratively
 
12 revoked and shall submit any written information within three
 
13 days of the notice, either by mail or in person, to the
 
14 director's office or to any office or address designated by the
 
15 director for that purpose.
 
16      (c)  In conducting the administrative review, the director
 
17 shall consider:
 
18      (1)  Any sworn or unsworn statement or other evidence
 
19           provided by the arrestee;
 
20      (2)  The breath or blood test results, if any; and
 
21      (3)  The sworn statements of the law enforcement officials,
 
22           and other evidence or information required by section
 

 
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 1           286-257.
 
 2      (d)  The director shall administratively revoke the
 
 3 arrestee's driver's license if the director determines that:
 
 4      (1)  There existed reasonable suspicion to stop the motor
 
 5           vehicle, the motor vehicle was stopped at an
 
 6           intoxication and drug control roadblock established and
 
 7           operated in compliance with sections 286-162.5 and
 
 8           286-162.6, or the person was tested pursuant to section
 
 9           286-163;
 
10      (2)  There existed probable cause to believe that the
 
11           arrestee drove, operated, or was in actual physical
 
12           control of the motor vehicle while under the influence
 
13           of intoxicating liquor; and
 
14      (3)  The evidence proves by a preponderance that the
 
15           arrestee drove, operated, or was in actual physical
 
16           control of the motor vehicle while under the influence
 
17           of intoxicating liquor or while having an alcohol
 
18           concentration of .08 or more or that the arrestee
 
19           refused to submit to a breath or blood test after being
 
20           informed of the sanctions of this part.
 
21      (e)  The director shall administratively revoke the
 
22 registration of all vehicles owned or registered to the arrestee
 

 
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 1 and impound any license plate issued to the arrestee if the
 
 2 director determines that:
 
 3      (1)  There existed reasonable suspicion to stop the motor
 
 4           vehicle, the motor vehicle was stopped at an
 
 5           intoxication and drug control roadblock established and
 
 6           operated in compliance with sections 286-162.5 and
 
 7           286-162.6, or the person was tested pursuant to section
 
 8           286-163;
 
 9      (2)  There existed probable cause to believe that the
 
10           arrestee drove, operated, or was in actual physical
 
11           control of the motor vehicle while under the influence
 
12           of intoxicating liquor;
 
13      (3)  The evidence proves by a preponderance that the
 
14           arrestee drove, operated, or was in actual physical
 
15           control of the motor vehicle while under the influence
 
16           of intoxicating liquor or while having an alcohol
 
17           concentration of .08 or more or that the arrestee
 
18           refused to submit to a breath or blood test after being
 
19           informed of the sanctions of this part; and
 
20      (4)  The arrestee previously:
 
21           (A)  Has been convicted of a violation of section 291-4
 
22                or 291-4.4 during the five years preceding the
 

 
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 1                date of arrest;
 
 2           (B)  Has been convicted of three or more violations of
 
 3                section 291-4 or 291-4.4 during the ten years
 
 4                preceding the date of arrest; or
 
 5           (C)  Has had one prior alcohol enforcement contact
 
 6                during the five years preceding the date of arrest
 
 7                or three or more prior alcohol enforcement
 
 8                contacts during the ten years preceding the date
 
 9                of arrest.
 
10      [(e)] (f)  If the evidence does not support administrative
 
11 revocation, the director shall rescind the notice of
 
12 administrative revocation and return the arrestee's driver's
 
13 license and motor vehicle registration and license plates, if
 
14 applicable, along with a certified statement that administrative
 
15 revocation proceedings have been terminated.
 
16      [(f)] (g)  If the director administratively revokes the
 
17 arrestee's driver's license[,] and motor vehicle registration, if
 
18 applicable, the director shall mail to the arrestee a written
 
19 decision stating the reasons for the administrative revocation.
 
20 The decision shall also indicate that the arrestee has six days
 
21 from the date the decision is mailed to request an administrative
 
22 hearing to review the director's decision.  The decision shall
 

 
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 1 also explain the procedure by which to request an administrative
 
 2 hearing, and shall be accompanied by a form, postage prepaid,
 
 3 which the arrestee may fill out and mail in order to request an
 
 4 administrative hearing.  The decision shall also inform the
 
 5 arrestee of the right to review and copy all documents considered
 
 6 at the review, including the arrest report and the sworn
 
 7 statements of the law enforcement officials, prior to the
 
 8 hearing.  Further, the decision shall state that the arrestee may
 
 9 be represented by counsel at the hearing, submit evidence, give
 
10 testimony, and present and cross-examine witnesses, including the
 
11 arresting officer.  If the director revokes the arrestee's motor
 
12 vehicle registration and license plates, the director may destroy
 
13 any license plates surrendered by the arrestee.  If the director
 
14 later rescinds the revocation, the arrestee may apply for new
 
15 plates pursuant to chapter 249.
 
16      [(g)] (h)  Failure of the arrestee to request a hearing
 
17 within the time provided in section 286-259(a) shall cause the
 
18 administrative revocation to take effect for the period and under
 
19 the conditions provided in the administrative review decision
 
20 issued by the director under this section.  The arrestee may
 
21 regain the right to a hearing by requesting the director, within
 
22 sixty days of the arrest, to schedule a hearing.  The hearing
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 shall be scheduled to commence no later than thirty days after
 
 2 the request is made.  The administrative review decision issued
 
 3 by the director under this section shall clearly explain the
 
 4 consequences of failure to request an administrative hearing and
 
 5 the procedure by which the arrestee may regain the right to a
 
 6 hearing."
 
 7      SECTION 10.  Section 286-259, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§286-259  Administrative hearing.(a)  If the director
 
10 administratively revokes the arrestee's driver's license and
 
11 motor vehicle registration, if applicable, after administrative
 
12 review, the arrestee may request an administrative hearing to
 
13 review the decision within six days of the date the
 
14 administrative review decision is mailed.  The hearing shall be
 
15 scheduled to commence no later than twenty-five days from the
 
16 date the notice of administrative revocation was issued.  The
 
17 director may continue the hearing only as provided in subsection
 
18 (j).
 
19      (b)  The hearing shall be held at a place designated by the
 
20 director, as close to the location of the arrest as practical.
 
21      (c)  The arrestee may be represented by counsel.
 
22      (d)  The director shall conduct the hearing and have
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 authority to:
 
 2      (1)  Administer oaths and affirmations;
 
 3      (2)  Examine witnesses and take testimony;
 
 4      (3)  Receive and determine the relevance of evidence;
 
 5      (4)  Issue subpoenas, take depositions, or cause depositions
 
 6           or interrogatories to be taken;
 
 7      (5)  Regulate the course and conduct of the hearing; and
 
 8      (6)  Make a final ruling.
 
 9      (e)  The director shall affirm the administrative revocation
 
10 only if the director determines that:
 
11      (1)  There existed reasonable suspicion to stop the motor
 
12           vehicle, the motor vehicle was stopped at an
 
13           intoxication and drug control roadblock established and
 
14           operated in compliance with sections 286-162.5 and
 
15           286-162.6, or the person was tested pursuant to section
 
16           286-163;
 
17      (2)  There existed probable cause to believe that the
 
18           arrestee drove, operated, or was in actual physical
 
19           control of the motor vehicle while under the influence
 
20           of intoxicating liquor; and
 
21      (3)  The evidence proves by a preponderance that the
 
22           arrestee drove, operated, or was in actual physical
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1           control of the motor vehicle while under the influence
 
 2           of intoxicating liquor or while having an alcohol
 
 3           concentration of .08 or more or that the arrestee
 
 4           refused to submit to a breath or blood test after being
 
 5           informed of the sanctions of this part.
 
 6      (f)  In addition to subsection (e), the director shall
 
 7 affirm the administrative revocation of the registration of all
 
 8 motor vehicles owned by or registered to the arrestee only if the
 
 9 director determines that the arrestee previously:
 
10      (1)  Has been convicted of a violation of section 291-4 or
 
11           291-4.4 during the five years preceding the date of
 
12           arrest;
 
13      (2)  Has been convicted of three or more violations of
 
14           section 291-4 or 291-4.4 during the ten years preceding
 
15           the date of arrest; or
 
16      (3)  Has had one prior alcohol enforcement contact during
 
17           the five years preceding the date of arrest or three or
 
18           more prior alcohol enforcement contacts during the ten
 
19           years preceding the date of arrest.
 
20 If the director affirms the administrative revocation pursuant to
 
21 this subsection, the director shall order the arrestee to
 
22 surrender the license plates and motor vehicle registrations of
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 to the arrestee 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 286-261.
 
 4      [(j)] (k)  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 for a period not to exceed the
 
 9 period of the continuance.  If a continuance is granted at the
 
10 request of the arrestee, the director shall not extend the
 
11 validity of the temporary permit.  For purposes of this section a
 
12 continuance means a delay in the commencement of the hearing or
 
13 an interruption of a hearing that has commenced other than for
 
14 recesses during the day or at the end of the day or week.
 
15      (l)  The director may grant a special motor vehicle
 
16 registration, pursuant to section 286-8, to a qualified household
 
17 member or co-owner of any motor vehicle upon determination that
 
18 the person is dependent on the motor vehicle for the necessities
 
19 of life.  The restricted motor vehicle registration shall not be
 
20 valid for use by the arrestee.
 
21      [(k)] (m)  If the arrestee fails to appear at the hearing,
 
22 administrative revocation shall take effect for the period and
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


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

 
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 1 is reversed or the temporary driver's license permit [is] and
 
 2 temporary motor vehicle registration and temporary license
 
 3 plates, if applicable, are extended by the director,
 
 4 administrative revocation shall become effective on the day
 
 5 specified in the notice.  Except as provided in section 286-264,
 
 6 no driver's license nor motor vehicle registration and license
 
 7 plates, if applicable, shall be restored under any circumstances
 
 8 and no conditional permit shall be issued during the
 
 9 administrative revocation period.
 
10      (b)  The periods of administrative revocation with respect
 
11 to a driver's license and motor vehicle registration, if
 
12 applicable, that [may] shall be imposed under this part are as
 
13 follows:
 
14      (1)  Three months[,] revocation of driver's license, if the
 
15           arrestee's driving record shows no prior alcohol
 
16           enforcement contacts during the five years preceding
 
17           the date of arrest;
 
18      (2)  One year revocation of driver's license and all
 
19           registrations of motor vehicles registered to the
 
20           arrestee if the arrestee's driving record shows one
 
21           prior alcohol enforcement contact during the five years
 
22           preceding the date of arrest;
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 to be tested after being informed of the sanctions of this part
 
 2 shall be revoked under subsection (b)(1), (2), [and] (3), and (4)
 
 3 for a period of one year, two years, [and] four years, and a life
 
 4 time, respectively.
 
 5      (e)  In addition to subsection (d), the motor vehicle
 
 6 registration and license plates of an arrestee who previously:
 
 7      (1)  Has been convicted of a violation of section 291-4 or
 
 8           291-4.4 during the five years preceding the date of
 
 9           arrest;
 
10      (2)  Has been convicted of three or more violations of
 
11           section 291-4 or 291-4.4 during the ten years preceding
 
12           the date of arrest; or
 
13      (3)  Has had one prior alcohol enforcement contact during
 
14           the five years preceding the date of arrest or three or
 
15           more prior alcohol enforcement contacts during the ten
 
16           years preceding the date of arrest,
 
17 and who refused to be tested after being informed of the
 
18 sanctions of this part shall be revoked for the periods specified
 
19 in subsection (d), and the arrestee shall be prohibited from
 
20 subsequently registering any motor vehicle for the applicable
 
21 revocation period.
 
22      [(d)] (f)  Whenever a driver's license is administratively
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 revoked under this part, the offender shall be referred to a
 
 2 certified substance abuse counselor for an assessment of the
 
 3 offender's alcohol abuse or dependence and the need for
 
 4 treatment.  The counselor shall submit a report with
 
 5 recommendations to the director.  If the counselor's assessment
 
 6 establishes that the extent of the offender's alcohol abuse or
 
 7 dependence warrants treatment, the director [may] shall so order.
 
 8 All costs for assessment and treatment shall be paid by the
 
 9 offender.
 
10      [(e)] (g)  Alcohol enforcement contacts that occurred prior
 
11 to August 1, 1991, shall be counted in determining the
 
12 administrative revocation period.
 
13      (h)  Alcohol enforcement contacts that occurred prior to the
 
14 effective date of this Act shall be counted in determining the
 
15 administrative revocation period for motor vehicle registration."
 
16      SECTION 13.  Section 286-262, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]§286-262[]]  Notice to other states.  When a
 
19 nonresident's driving privilege [is] or driver's license and
 
20 motor vehicle registration, if applicable, are administratively
 
21 revoked under this part, the director shall notify, in writing,
 
22 the officials in charge of traffic control or public safety in
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 the nonresident's home state and in any other state in which the
 
 2 nonresident has driving privileges, driver's licenses, and motor
 
 3 vehicle registrations, as applicable, of the action taken in this
 
 4 State and shall return to the appropriate issuing authority in
 
 5 the other states any driver's license and any motor vehicle
 
 6 registration seized under section 286-255."
 
 7      SECTION 14.  Section 286-264, Hawaii Revised Statutes, is
 
 8 amended as follows:
 
 9      1.  By amending the title and subsection (a) to read:
 
10      "§286-264  Conditional driver's license permits.  (a)  If an
 
11 arrestee subject to administrative revocation under this part
 
12 submitted to a breath or blood test and has had no prior alcohol
 
13 enforcement contacts during the five years preceding the date of
 
14 arrest, the director, at the request of the arrestee at the
 
15 administrative hearing, may issue a conditional driver's permit
 
16 allowing the arrestee to drive after a minimum period of absolute
 
17 license revocation of thirty days if one or more of the following
 
18 conditions are met:
 
19      (1)  The arrestee is gainfully employed in a position that
 
20           requires driving and will be discharged if the
 
21           arrestee's driving privileges are administratively
 
22           revoked; or
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1      (2)  The arrestee has no access to alternative
 
 2           transportation and therefore must drive to work or to a
 
 3           substance abuse treatment facility or counselor for
 
 4           treatment ordered by the director under section
 
 5           286-261."
 
 6      2.  By amending subsection (d) to read:
 
 7      "(d)  A conditional permit may include restrictions allowing
 
 8 the arrestee to drive: 
 
 9      (1)  Only during hours of employment for activities solely
 
10           within the scope of the employment;
 
11      (2)  Only during daylight hours; or
 
12      (3)  Only for specified purposes or to specified
 
13           destinations.
 
14 In addition, the director may impose any other appropriate
 
15 restrictions[, including installation of an ignition interlock
 
16 system]."
 
17      SECTION 15.  Chapter 286, Hawaii Revised Statutes, is
 
18 amended by adding three new sections to part XIV to be
 
19 appropriately designated and to read as follows:
 
20      "§286-A  Failure to surrender license plates.  Any person
 
21 who has had the person's motor vehicle registration and license
 
22 plates revoked pursuant to this part and subsequently fails to
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 comply with an order to surrender the motor vehicle license
 
 2 plates shall be guilty of a misdemeanor.
 
 3      §286-B  Special motor vehicle registration.  (a)  Within
 
 4 thirty days after the effective date of revocation or after the
 
 5 administrative hearing decision is mailed pursuant to section
 
 6 286-259(i), whichever is later, a qualified household family
 
 7 member or co-owner of a motor vehicle with an arrestee who has
 
 8 had a motor vehicle registration revoked under this part may
 
 9 submit a sworn statement to the director requesting a special
 
10 motor vehicle registration.  The director may grant the request
 
11 upon determining that the following conditions have been met:
 
12      (1)  The applicant is a member of the arrestee's household
 
13           or co-owner of the vehicle;
 
14      (2)  The applicant has a driver's license that has not
 
15           expired or been suspended or revoked;
 
16      (3)  The applicant is completely dependent on the motor
 
17           vehicle for the necessities of life; and
 
18      (4)  The director finds that the applicant will take
 
19           reasonable precautions to ensure that the arrestee will
 
20           not drive the vehicle.
 
21 A person to whom a special motor vehicle registration has been
 
22 granted shall apply to the appropriate county director of finance
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 for special series license plates, as provided in section
 
 2 249-   .
 
 3      (b)  The director shall revoke the special motor vehicle
 
 4 registration if any conditions set forth in the application no
 
 5 longer exist.
 
 6      (c)  The applicant shall be under an affirmative duty to
 
 7 report to the director any changes in the conditions to the
 
 8 special motor vehicle registration.
 
 9      (d)  The director shall adopt rules, pursuant to chapter 91,
 
10 necessary to carry out the purposes of this section.
 
11      §286-C  Transferring vehicle prohibited; exceptions.  (a)  A
 
12 registered owner shall not sell or transfer a motor vehicle
 
13 during the time period the motor vehicle's registration has been
 
14 ordered revoked and license plates surrendered or during the time
 
15 the motor vehicle bears the special series license plates, unless
 
16 the registered owner applies to the administrative director of
 
17 the courts or the administrative director's appointee under
 
18 section 286-251 for consent to transfer title to the motor
 
19 vehicle.  If the director is satisfied that:
 
20      (1)  The proposed sale is in good faith and for a valid
 
21           consideration;
 
22      (2)  The registered owner will be deprived of the custody
 

 
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 1           and control of the motor vehicle; and
 
 2      (3)  The sale is not for the purpose of circumventing the
 
 3           provisions of this part,
 
 4 the director may consent to the sale or transfer.  If the
 
 5 director consents, the director shall issue a certified copy of
 
 6 the written consent to the registered owner and forward a copy to
 
 7 the appropriate county director of finance.
 
 8      (b)  The county director of finance, upon proper application
 
 9 and the presentation to the director of a certified copy of the
 
10 written consent to the sale or transfer of a motor vehicle, shall
 
11 transfer the certificate of title and ownership to the new owner
 
12 pursuant to chapter 286 and shall issue new license plates to the
 
13 new registered owner pursuant to chapter 249.
 
14      (c)  Notwithstanding subsections (a) and (b), if the title
 
15 to the motor vehicle is transferred by foreclosure of a chattel
 
16 mortgage, cancellation of a conditional sales contract, a sale
 
17 upon execution, or decree or order of a court of competent
 
18 jurisdiction, after the registration and license plates have been
 
19 revoked under this part, the county director of finance shall
 
20 transfer the certificate of title and ownership to the new owner
 
21 pursuant to chapter 286 and shall issue new license plates to the
 
22 new registered owner pursuant to chapter 249."
 

 
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 1      SECTION 16.  Section 286-265, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§286-265  Eligibility for relicensing.  To be eligible for
 
 4 relicensing after a period of administrative revocation has
 
 5 expired, the person shall:
 
 6      (1)  Submit proof to the director of compliance with all
 
 7           conditions imposed by the director or by the court;
 
 8      (2)  Obtain a certified statement from the director
 
 9           indicating eligibility for relicensing;
 
10      (3)  Present the certified statement to the appropriate
 
11           driver licensing and motor vehicle registration
 
12           official; and
 
13      (4)  Successfully complete each requirement for obtaining a
 
14           new driver's license and motor vehicle registration, if
 
15           applicable, in this State including payment of all
 
16           applicable fees."
 
17      SECTION 17.  Chapter 249 Hawaii Revised Statutes, is amended
 
18 by adding a new section to be appropriately designated and to
 
19 read as follows:
 
20      "§249-    Special series plates.  A qualified household
 
21 member, as defined in section 286-251, or a co-owner of a motor
 
22 vehicle owned by an arrestee under part XIV of this chapter, who
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 has been granted a special motor vehicle registration under
 
 2 section 286-B, shall apply to the appropriate county director of
 
 3 finance for special license plates that shall bear a special
 
 4 series of numbers or letter so as to be readily identifiable by
 
 5 law enforcement officers.  The director of finance may issue the
 
 6 special plates only if:
 
 7      (1)  The director of finance receives written approval for
 
 8           the issuance of special plates from the administrative
 
 9           director of the courts or the administrative director's
 
10           appointee under section 286-251;
 
11      (2)  The qualified household member or a co-owner of the
 
12           motor vehicle has a driver's licence that has not
 
13           expired or been suspended or revoked; and
 
14      (3)  The applicant pays a fee for the special license plates
 
15           that is equal to the cost of the license plates and tag
 
16           or emblem, plus the administrative cost of furnishing
 
17           the plates and tag or emblem and effecting the
 
18           registration for each motor vehicle for which special
 
19           plates are issued."
 
20      SECTION 18.  Section 291-4, Hawaii Revised Statutes, is
 
21 amended by amending subsection (b) to read as follows:
 
22      "(b)  A person committing the offense of driving under the
 

 
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                                     H.B. NO.           H.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:
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1           prior convictions for driving under the influence of
 
 2           intoxicating liquor under this section or section
 
 3           291-4.4 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)  Any person eighteen years of age or older, who is
 
12           convicted under this section and who operated or
 
13           assumed actual physical control of a vehicle with a
 
14           passenger, in or on the vehicle, who was younger than
 
15           fifteen years of age, shall be sentenced to an
 
16           additional mandatory fine of $500, and an additional
 
17           mandatory term of imprisonment of forty-eight hours;
 
18           provided, however, that the total term of imprisonment
 
19           for a person convicted under this section shall not
 
20           exceed thirty days.
 
21      Notwithstanding any other law to the contrary, any
 
22 conviction for driving under the influence of intoxicating liquor
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 under this section or section 291-4.4 shall be considered a prior
 
 2 conviction for purposes of imposing sentence under this section.
 
 3      No license suspension or revocation shall be imposed
 
 4 pursuant to this subsection if the person's license has
 
 5 previously been administratively revoked pursuant to part XIV of
 
 6 chapter 286 for the same offense; provided that, if the
 
 7 administrative revocation is subsequently reversed, the person's
 
 8 license shall be suspended or revoked as provided in this
 
 9 subsection."
 
10      SECTION 19.  Section 291-4.4, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§291-4.4  Habitually driving under the influence of
 
13 intoxicating liquor or drugs.(a)  A person commits the offense
 
14 of habitually driving under the influence of intoxicating liquor
 
15 or drugs if, during a ten-year period the person has been
 
16 convicted three or more times for a driving under the influence
 
17 offense; and
 
18      (1)  The person operates or assumes actual physical control
 
19           of the operation of any vehicle while under the
 
20           influence of intoxicating liquor, meaning that the
 
21           person is under the influence of intoxicating liquor in
 
22           an amount sufficient to impair the person's normal
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1           mental faculties or ability to care for oneself and
 
 2           guard against casualty;
 
 3      (2)  The person operates or assumes actual physical control
 
 4           of the operation of any vehicle with .08 or more grams
 
 5           of alcohol per one hundred milliliters or cubic
 
 6           centimeters of blood or .08 or more grams of alcohol
 
 7           per two hundred ten liters of breath; or
 
 8      (3)  A person operates or assumes actual physical control of
 
 9           the operation of any vehicle while under the influence
 
10           of any drug which impairs such person's ability to
 
11           operate the vehicle in a careful and prudent manner.
 
12           The term "drug" as used in this section shall mean any
 
13           controlled substance as defined and enumerated on
 
14           schedules I through IV of chapter 329.
 
15      (b)  For the purposes of this section, a driving under the
 
16 influence offense means a violation of this section or section
 
17 291-4, 291-7, or 707-702.5, or violation of laws in another
 
18 jurisdiction that requires proof of each element of the offenses
 
19 punishable under either this section or section 291-4, 291-7, or
 
20 707-702.5 if committed in Hawaii.
 
21      (c)  Habitually driving under the influence of intoxicating
 
22 liquor or drugs is a class C felony.  In addition to any other
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 penalty imposed, a person convicted under this section shall be
 
 2 sentenced to:
 
 3      (1)  Revocation of driver's license for not less than one
 
 4           year; and
 
 5      (2)  Not less than ten days but not more than thirty days
 
 6           imprisonment of which at least forty-eight hours shall
 
 7           be served consecutively.
 
 8      No license suspension or revocation shall be imposed
 
 9 pursuant to this subsection if the person's license has
 
10 previously been administratively revoked pursuant to part XIV of
 
11 chapter 286 for the same offense; provided that, if the
 
12 administrative revocation is subsequently reversed, the person's
 
13 license shall be suspended or revoked as provided in this
 
14 subsection.
 
15      (d)  Whenever a court sentences a person pursuant to
 
16 subsection (c), it also shall require that the offender be
 
17 referred to a substance abuse counselor who has been certified
 
18 pursuant to section 321-193 for an assessment of the offender's
 
19 alcohol abuse or dependence and the need for appropriate
 
20 treatment.  The counselor shall submit a report with
 
21 recommendations to the court.  The court shall require the
 
22 offender to obtain appropriate treatment if the counselor's
 

 
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 1 assessment establishes the offender's alcohol abuse or
 
 2 dependence.
 
 3      All cost for assessment or treatment or both shall be borne
 
 4 by the offender."
 
 5      SECTION 20.  In codifying the new sections added by section
 
 6 15 of this Act, the revisor of statutes shall substitute
 
 7 appropriate section numbers for the letters used in designating
 
 8 the new sections in this Act.
 
 9      SECTION 21.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 22.  This Act shall take effect upon its approval.
 

 
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