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 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2618
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
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
 
20           vehicles;
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (3)  An assessment of the individual's degree of abuse of
 
 2           alcohol and treatment; and
 
 3      (4)  Community services for not less than thirty days or
 
 4           five days of imprisonment for a second offense; and not
 
 5           less than ten days of imprisonment for a third and
 
 6           subsequent offenses.
 
 7 The penalties for a first time offender are unchanged.
 
 8      Accordingly, the purpose of this Act is to amend the law
 
 9 relating to the administrative revocation of driver's licenses by
 
10 expanding that law to include the revocation of all motor vehicle
 
11 registrations issued to a driver who has been convicted of a
 
12 previous violation of driving under the influence of intoxicating
 
13 liquor (section 291-4, Hawaii Revised Statutes) or habitually
 
14 driving under the influence of intoxicating liquor or drugs
 
15 (section 291-4.4).  In addition, this Act increases the penalties
 
16 for subsequent convictions under section 291-4.
 
17      SECTION 2.  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
 
23 has been granted a special motor vehicle registration under
 

 
Page 3                                                     2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


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

 
Page 4                                                     2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


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

 
Page 5                                                     2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 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
 
23           and control of the motor vehicle; and
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        


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

 
 
 
 
 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      SECTION 4.  Chapter 286, part XIV, Hawaii Revised Statutes,
 
 2 is amended by amending its title to read as follows:
 
 3     "PART XIV.  ADMINISTRATIVE REVOCATION OF DRIVER'S LICENSE
 
 4                  AND MOTOR VEHICLE REGISTRATION"
 
 5      SECTION 5.  Section 286-251, Hawaii Revised Statutes, is
 
 6 amended as follows:
 
 7      1.  By adding three new definitions to be appropriately
 
 8 inserted and to read as follows:
 
 9      ""Household member" means:
 
10      (1)  Adults who are related by blood, marriage, or adoption
 
11           or who are unrelated but have maintained a stable
 
12           family relationship together over a period of time or
 
13           who are reciprocal beneficiaries; and
 
14      (2)  Individuals under eighteen years of age related to the
 
15           above adults by marriage, blood, or adoption
 
16      who reside in the same dwelling unit.
 
17      "Qualified household member" means a household member of the
 
18 arrestee who has a driver's license that has not expired or been
 
19 suspended or revoked.
 
20      "Temporary vehicle registration" means the portion of the
 
21 notice of administrative revocation that, when completed by the
 
22 arresting officer, permits the arrestee to drive the vehicles
 
23 registered in the name of the arrestee for thirty days or until
 
24 the time established by the director under this part."
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      2.  By amending the definition of "administrative
 
 2 revocation" to read as follows:
 
 3      ""Administrative revocation" means termination of the
 
 4 arrestee's driver's license or all motor vehicles registered to
 
 5 the arrestee, or both, pursuant to this part and does not include
 
 6 any revocation imposed under section 291-4 or 291-4.4."
 
 7      3.  By amending the definitions of "alcohol enforcement
 
 8 contact" and "arrestee" to read as follows:
 
 9      ""Alcohol enforcement contact" means [any]:
 
10      (1)  Any administrative revocation ordered pursuant to this
 
11           part; [any driver's license]
 
12      (2)  Any suspension or revocation of any driver's license or
 
13           motor vehicle registration, or both, imposed by this or
 
14           any other state or federal jurisdiction for refusing to
 
15           submit to a test for alcohol concentration in the
 
16           person's blood; or [any]
 
17      (3)  Any conviction in this or any other state or federal
 
18           jurisdiction for driving, operating, or being in
 
19           physical control of a motor vehicle while having an
 
20           unlawful concentration of alcohol in the blood, or
 
21           while under the influence of alcohol.
 
22      "Arrestee" means a person arrested for violation of section
 
23 291-4 or 291-4.4 and, for purposes of this part, also refers to a
 

 
Page 9                                                     2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1 person from whom a blood sample has been drawn pursuant to
 
 2 section 286-163, because there was probable cause to believe that
 
 3 the person has violated section 291-4[.] or 291-4.4."
 
 4      SECTION 6.  Section 286-252, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "§286-252  Notice of administrative revocation; effect.  As
 
 7 used in this part, the notice of administrative revocation:
 
 8      (1)  Establishes that the arrestee's driving privilege in
 
 9           this State shall be terminated thirty days after the
 
10           date of arrest or [such] a later date as is established
 
11           by the director under section 286-259, if the director
 
12           administratively revokes the arrestee's license;
 
13      (2)  Establishes that the registrations of all motor
 
14           vehicles registered to an arrestee who previously:
 
15           (A)  Has been convicted of a violation of section 291-4
 
16                or 291-4.4 during the five years preceding the
 
17                date of arrest;
 
18           (B)  Has been convicted of three or more violations of
 
19                section 291-4 or 291-4.4 during the ten years
 
20                preceding the date of arrest; or
 
21           (C)  Has had one prior alcohol enforcement contact
 
22                during the five years preceding the date of arrest
 
23                or two prior alcohol enforcement contacts during
 

 
Page 10                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


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

 
 
 
Page 11                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


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

 
Page 12                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


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

 
Page 13                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 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
 
23           of an ignition interlock system.]; and
 

 
Page 14                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


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

 
Page 15                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (4)  That failure to surrender all motor vehicle license
 
 2           plates as required is a misdemeanor;
 
 3     [(3)] (5)  Other conditions [which] that may be imposed by
 
 4           law; and
 
 5     [(4)] (6)  The right to obtain judicial review."
 
 6      SECTION 8.  Section 286-255, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§286-255  Arrest; procedures.(a)  Whenever a person is
 
 9 arrested for a violation of section 291-4 or 291-4.4, on a
 
10 determination by the arresting officer that:
 
11      (1)  There was reasonable suspicion to stop the motor
 
12           vehicle, or that 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; and
 
16      (2)  There was probable cause to believe that the arrestee
 
17           was driving, operating, or in actual physical control
 
18           of the motor vehicle while under the influence of
 
19           intoxicating liquor;
 
20 the arresting officer immediately shall take possession of any
 
21 license held by the person and request the arrestee to take a
 
22 test for concentration of alcohol in the blood.  The arresting
 
23 officer shall inform the person that the person has the option to
 

 
Page 16                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


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

 
Page 17                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (1)  Has been convicted of a violation of section 291-4 or
 
 2           291-4.4 during the five years preceding the date of
 
 3           arrest;
 
 4      (2)  Has been convicted of three or more violations of
 
 5           section 291-4 or 291-4.4 during the ten years preceding
 
 6           the date of arrest; or
 
 7      (3)  Has had one prior alcohol enforcement contact during
 
 8           the five years preceding the date of arrest or two
 
 9           prior alcohol enforcement contacts during the seven
 
10           years preceding the date of arrest or three or more
 
11           prior alcohol enforcement contacts during the ten years
 
12           preceding the date of arrest,
 
13 the arresting officer shall take possession of the motor vehicle
 
14 registration, remove the license plates of the vehicle driven by
 
15 the arrestee, and issue a temporary motor vehicle registration
 
16 and license plates to the arrestee, unless at the time, the
 
17 arrestee's registration is expired or revoked.  The appropriate
 
18 police department, upon determining that the arrestee falls
 
19 within this subsection, shall notify the appropriate county
 
20 director of finance to enter a stopper on the motor vehicle
 
21 registration files to prevent the arrestee from conducting any
 
22 motor vehicle transactions, except as provided in this part."
 

 
 
 
Page 18                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


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

 
Page 19                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


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

 
Page 20                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


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

 
Page 21                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1           (D)  The person whose breath or blood was tested was
 
 2                the person arrested;
 
 3      (4)  A copy of the notice of administrative revocation
 
 4           issued to the arrestee;
 
 5      (5)  Any driver's license, and motor vehicle registration
 
 6           and license plates, if applicable, taken into
 
 7           possession by the arresting officer; and
 
 8      (6)  A listing of any prior alcohol enforcement contacts
 
 9           involving the arrestee.
 
10      (b)  Whenever a person is arrested for a violation of
 
11 section 291-4 or 291-4.4 and refuses to submit to a test to
 
12 determine alcohol concentration in the blood, the following shall
 
13 be immediately forwarded to the director:
 
14      (1)  A copy of the arrest report and the sworn statement of
 
15           the arresting officer stating facts that establish
 
16           that:
 
17           (A)  There was reasonable suspicion to stop the motor
 
18                vehicle or the motor vehicle was stopped at an
 
19                intoxication control roadblock established and
 
20                operated in compliance with sections 286-162.5 and
 
21                286-162.6;
 
22           (B)  There was probable cause to believe that the
 
23                arrestee had been driving, operating, or in actual
 

 
Page 22                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1                physical control of the motor vehicle while under
 
 2                the influence of intoxicating liquor;
 
 3           (C)  The arrestee was informed of the sanctions of this
 
 4                part, that criminal charges may be filed, and the
 
 5                probable consequences of refusing to be tested for
 
 6                concentration of alcohol in the blood; and
 
 7           (D)  The arrestee refused to be tested;
 
 8      (2)  A copy of the notice of administrative revocation and
 
 9           the temporary driver's permit or temporary motor
 
10           vehicle registration, if applicable, issued to the
 
11           arrestee;
 
12      (3)  Any driver's license and motor vehicle registration and
 
13           license plates, if applicable, taken into possession;
 
14           and
 
15      (4)  A listing of all alcohol enforcement contacts involving
 
16           the arrestee."
 
17      SECTION 11.  Section 286-258, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§286-258  Administrative review; procedures.  (a)  The
 
20 director shall automatically review the issuance of a notice of
 
21 administrative revocation, and a written decision
 
22 administratively revoking the driver's license and motor vehicle
 
23 registration, if applicable, or rescinding the notice of
 

 
Page 23                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1 administrative revocation shall be mailed to the arrestee no
 
 2 later than eight days after the date the notice was issued.
 
 3      (b)  The arrestee shall have the opportunity to demonstrate
 
 4 in writing why the arrestee's driver's license and motor vehicle
 
 5 registration, if applicable, should not be administratively
 
 6 revoked and shall submit any written information within three
 
 7 days of the notice, either by mail or in person, to the
 
 8 director's office or to any office or address designated by the
 
 9 director for that purpose.
 
10      (c)  In conducting the administrative review, the director
 
11 shall consider:
 
12      (1)  Any sworn or unsworn statement or other evidence
 
13           provided by the arrestee;
 
14      (2)  The breath or blood test results, if any; and
 
15      (3)  The sworn statements of the law enforcement officials,
 
16           and other evidence or information required by section
 
17           286-257.
 
18      (d)  The director shall administratively revoke the
 
19 arrestee's driver's license if the director determines that:
 
20      (1)  There existed reasonable suspicion to stop the motor
 
21           vehicle, the motor vehicle was stopped at an
 
22           intoxication and drug control roadblock established and
 
23           operated in compliance with sections 286-162.5 and
 

 
Page 24                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1           286-162.6, or the person was tested pursuant to section
 
 2           286-163;
 
 3      (2)  There existed probable cause to believe that the
 
 4           arrestee drove, operated, or was in actual physical
 
 5           control of the motor vehicle while under the influence
 
 6           of intoxicating liquor; and
 
 7      (3)  The evidence proves by a preponderance that the
 
 8           arrestee drove, operated, or was in actual physical
 
 9           control of the motor vehicle while under the influence
 
10           of intoxicating liquor or while having an alcohol
 
11           concentration of .08 or more or that the arrestee
 
12           refused to submit to a breath or blood test after being
 
13           informed of the sanctions of this part.
 
14      (e)  The director shall administratively revoke the
 
15 registration of all vehicles owned or registered to the arrestee
 
16 and impound any license plate issued to the arrestee if the
 
17 director determines that:
 
18      (1)  There existed reasonable suspicion to stop the motor
 
19           vehicle, the motor vehicle was stopped at an
 
20           intoxication and drug control roadblock established and
 
21           operated in compliance with sections 286-162.5 and
 
22           286-162.6, or the person was tested pursuant to section
 
23           286-163;
 

 
Page 25                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (2)  There existed probable cause to believe that the
 
 2           arrestee drove, operated, or was in actual physical
 
 3           control of the motor vehicle while under the influence
 
 4           of intoxicating liquor;
 
 5      (3)  The evidence proves by a preponderance that the
 
 6           arrestee drove, operated, or was in actual physical
 
 7           control of the motor vehicle while under the influence
 
 8           of intoxicating liquor or while having an alcohol
 
 9           concentration of .08 or more or that the arrestee
 
10           refused to submit to a breath or blood test after being
 
11           informed of the sanctions of this part; and
 
12      (4)  The arrestee 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 two prior alcohol enforcement contacts during
 
22                the seven years preceding the date of arrest or
 
23                three or more prior alcohol enforcement contacts
 
24                during the ten years preceding the date of arrest.
 

 
Page 26                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      [(e)] (f)  If the evidence does not support administrative
 
 2 revocation, the director shall rescind the notice of
 
 3 administrative revocation and return the arrestee's driver's
 
 4 license and motor vehicle registration and license plates, if
 
 5 applicable, along with a certified statement that administrative
 
 6 revocation proceedings have been terminated.
 
 7      [(f)] (g)  If the director administratively revokes the
 
 8 arrestee's driver's license[,] and motor vehicle registration, if
 
 9 applicable, the director shall mail to the arrestee a written
 
10 decision stating the reasons for the administrative revocation.
 
11 The decision shall also indicate that the arrestee has six days
 
12 from the date the decision is mailed to request an administrative
 
13 hearing to review the director's decision.  The decision shall
 
14 also explain the procedure by which to request an administrative
 
15 hearing, and shall be accompanied by a form, postage prepaid,
 
16 which the arrestee may fill out and mail in order to request an
 
17 administrative hearing.  The decision shall also inform the
 
18 arrestee of the right to review and copy all documents considered
 
19 at the review, including the arrest report and the sworn
 
20 statements of the law enforcement officials, prior to the
 
21 hearing.  Further, the decision shall state that the arrestee may
 
22 be represented by counsel at the hearing, submit evidence, give
 
23 testimony, and present and cross-examine witnesses, including the
 
24 arresting officer.  
 

 
Page 27                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


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

 
 
 
Page 28                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1 date the notice of administrative revocation was issued.  The
 
 2 director may continue the hearing only as provided in subsection
 
 3 (j).
 
 4      (b)  The hearing shall be held at a place designated by the
 
 5 director, as close to the location of the arrest as practical.
 
 6      (c)  The arrestee may be represented by counsel.
 
 7      (d)  The director shall conduct the hearing and have
 
 8 authority to:
 
 9      (1)  Administer oaths and affirmations;
 
10      (2)  Examine witnesses and take testimony;
 
11      (3)  Receive and determine the relevance of evidence;
 
12      (4)  Issue subpoenas, take depositions, or cause depositions
 
13           or interrogatories to be taken;
 
14      (5)  Regulate the course and conduct of the hearing; and
 
15      (6)  Make a final ruling.
 
16      (e)  The director shall affirm the administrative revocation
 
17 only if the director determines that:
 
18      (1)  There existed reasonable suspicion to stop the motor
 
19           vehicle, the motor vehicle was stopped at an
 
20           intoxication and drug control roadblock established and
 
21           operated in compliance with sections 286-162.5 and
 
22           286-162.6, or the person was tested pursuant to section
 
23           286-163;
 

 
Page 29                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (2)  There existed probable cause to believe that the
 
 2           arrestee drove, operated, or was in actual physical
 
 3           control of the motor vehicle while under the influence
 
 4           of intoxicating liquor; and
 
 5      (3)  The evidence proves by a preponderance that the
 
 6           arrestee drove, operated, or was in actual physical
 
 7           control of the motor vehicle while under the influence
 
 8           of intoxicating liquor or while having an alcohol
 
 9           concentration of .08 or more or that the arrestee
 
10           refused to submit to a breath or blood test after being
 
11           informed of the sanctions of this part.
 
12      (f)  In addition to subsection (e), the director shall
 
13 affirm the administrative revocation of the registration of all
 
14 motor vehicles owned by or registered to the arrestee only if the
 
15 director determines that the arrestee previously:
 
16      (1)  Has been convicted of a violation of section 291-4 or
 
17           291-4.4 during the five years preceding the date of
 
18           arrest;
 
19      (2)  Has been convicted of three or more violations of
 
20           section 291-4 or 291-4.4 during the ten years preceding
 
21           the date of arrest; or
 
22      (3)  Has had one prior alcohol enforcement contact during
 
23           the five years preceding the date of arrest or two
 

 
Page 30                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1           prior alcohol enforcement contacts during the seven
 
 2           years preceding the date of arrest or three or more
 
 3           prior alcohol enforcement contacts during the ten years
 
 4           preceding the date of arrest.
 
 5 If the director affirms the administrative revocation pursuant to
 
 6 this subsection, the director shall order the arrestee to
 
 7 surrender the license plates and motor vehicle registrations of
 
 8 all motor vehicles owned by or registered to the arrestee.  The
 
 9 director may destroy any license plates seized from or
 
10 surrendered by the arrestee.
 
11      [(f)] (g)  The arrestee's prior alcohol enforcement contacts
 
12 shall be entered into evidence.
 
13      [(g)] (h)  The sworn statements provided in section 286-257
 
14 shall be admitted into evidence.  Upon notice to the director no
 
15 later than five days prior to the hearing that the arrestee
 
16 wishes to examine a law enforcement official who made a sworn
 
17 statement, the director shall issue a subpoena for the official
 
18 to appear at the hearing.  If the official cannot appear, the
 
19 official may at the discretion of the director testify by
 
20 telephone.
 
21      [(h)] (i)  The hearing shall be recorded in a manner to be
 
22 determined by the director.
 

 
 
 
Page 31                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      [(i)] (j)  The director's decision shall be rendered in
 
 2 writing and mailed to the arrestee no later than five days after
 
 3 conclusion of the hearing.  If the decision is to reverse the
 
 4 administrative revocation, the director shall return the
 
 5 arrestee's driver's license, [and any fees collected from the
 
 6 arrestee under this part] motor vehicle registration, and license
 
 7 plates if applicable, along with a certified statement that
 
 8 administrative revocation proceedings have been terminated.  If
 
 9 the decision sustains the administrative revocation, the director
 
10 shall mail to the arrestee a written decision indicating the
 
11 duration of the administrative revocation and any other
 
12 conditions or restrictions as may be imposed pursuant to section
 
13 286-261.
 
14      [(j)] (k)  For good cause shown, the director may grant a
 
15 continuance either of the commencement of the hearing or of a
 
16 hearing that has already commenced.  If a continuance is granted
 
17 at the request of the director, the director shall extend the
 
18 validity of the temporary permit or temporary motor vehicle
 
19 registration, if applicable, for a period not to exceed the
 
20 period of the continuance.  If a continuance is granted at the
 
21 request of the arrestee, the director shall not extend the
 
22 validity of the temporary permit or temporary motor vehicle
 
23 registration, if applicable.  For purposes of this section a
 

 
Page 32                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1 continuance means a delay in the commencement of the hearing or
 
 2 an interruption of a hearing that has commenced other than for
 
 3 recesses during the day or at the end of the day or week.
 
 4      (l)  The director may grant a special motor vehicle
 
 5 registration, pursuant to section 286-8, to a qualified household
 
 6 member or co-owner of any motor vehicle upon determination that
 
 7 the person is dependent on the motor vehicle for the necessities
 
 8 of life.  The restricted motor vehicle registration shall not be
 
 9 valid for use by the arrestee.
 
10      [(k)] (m)  If the arrestee fails to appear at the hearing,
 
11 administrative revocation shall take effect for the period and
 
12 under the conditions established by the director in the
 
13 administrative review decision issued by the director under
 
14 section 286-258."
 
15      SECTION 13.  Section 286-259.5, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]§286-259.5[]]  Fees and costs.  The director shall be
 
18 authorized to assess and collect a [$15] $30 fee from the
 
19 arrestee for the costs of processing the arrestee's request for
 
20 an administrative hearing to cover costs which include but should
 
21 not be limited to the cost of photocopying documents, the
 
22 issuance of subpoenas, conditional driver's license permits or
 
23 temporary motor vehicle registration and license plates, or
 

 
Page 33                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1 temporary driver's permit and relicensing forms, interpreter
 
 2 services, law enforcement official mileage fees, and other
 
 3 similar costs.  The director may waive the fee in the case of
 
 4 indigent arrestees upon an appropriate inquiry into the financial
 
 5 circumstances of the person seeking the waiver and an affidavit
 
 6 or a certificate signed by such person demonstrating the person's
 
 7 financial inability to pay the fee."
 
 8      SECTION 14.  Section 286-261, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§286-261  Effective date and period of administrative
 
11 revocation; criteria.  (a)  Unless an administrative revocation
 
12 is reversed or the temporary driver's license permit [is] and
 
13 temporary motor vehicle registration and temporary license
 
14 plates, if applicable, are extended by the director,
 
15 administrative revocation shall become effective on the day
 
16 specified in the notice.  Except as provided in section 286-264,
 
17 no driver's license nor motor vehicle registration and license
 
18 plates, if applicable, shall be restored under any circumstances
 
19 and no conditional permit shall be issued during the
 
20 administrative revocation period.
 
21      (b)  The periods of administrative revocation with respect
 
22 to a driver's license and motor vehicle registration, if
 
23 applicable, that [may] shall be imposed under this part are as
 
24 follows:
 

 
Page 34                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (1)  Three months[,] revocation of driver's license, if the
 
 2           arrestee's driving record shows no prior alcohol
 
 3           enforcement contacts during the five years preceding
 
 4           the date of arrest;
 
 5      (2)  One year revocation of driver's license and all
 
 6           registrations of motor vehicles registered to the
 
 7           arrestee if the arrestee's driving record shows one
 
 8           prior alcohol enforcement contact during the five years
 
 9           preceding the date of arrest;
 
10      (3)  Two years revocation of driver's license and all
 
11           registrations of motor vehicles registered to the
 
12           arrestee if the arrestee's driving record shows two
 
13           prior alcohol enforcement contacts during the seven
 
14           years preceding the date of arrest;
 
15      (4)  [For life] Lifetime revocation of driver's license and
 
16           prohibition on all subsequent motor vehicles
 
17           registrations by the arrestee if the arrestee's driving
 
18           record shows three or more prior alcohol enforcement
 
19           contacts during the ten years preceding the date of
 
20           arrest; or
 
21      (5)  For arrestees under the age of eighteen years, the
 
22           revocation of the driver's license for the period
 
23           remaining until the arrestee's eighteenth birthday, or
 

 
Page 35                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1           for the appropriate revocation period provided in
 
 2           paragraphs (1) to (4) or in subsection [(c),] (d),
 
 3           whichever is longer.
 
 4      (c)  Whenever a motor vehicle registration is revoked under
 
 5 this part, the director shall cause the revocation to be entered
 
 6 electronically into the motor vehicle registration file of the
 
 7 arrestee.
 
 8      [(c)] (d)  The driver's license of an arrestee who refuses
 
 9 to be tested after being informed of the sanctions of this part
 
10 shall be revoked under subsection (b)(1), (2), [and] (3), and (4)
 
11 for a period of one year, two years, [and] four years, and a life
 
12 time, respectively.
 
13      (e)  In addition to subsection (d), the motor vehicle
 
14 registration and license plates of an arrestee who previously:
 
15      (1)  Has been convicted of a violation of section 291-4 or
 
16           291-4.4 during the five years preceding the date of
 
17           arrest;
 
18      (2)  Has been convicted of three or more violations of
 
19           section 291-4 or 291-4.4 during the ten years preceding
 
20           the date of arrest; or
 
21      (3)  Has had one prior alcohol enforcement contact during
 
22           the five years preceding the date of arrest or two
 
23           prior alcohol enforcement contacts during the seven
 

 
Page 36                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1           years preceding the date of arrest or three or more
 
 2           prior alcohol enforcement contacts during the ten years
 
 3           preceding the date of arrest,
 
 4 and who refused to be tested after being informed of the
 
 5 sanctions of this part shall be revoked for the periods specified
 
 6 in subsection (d), and the arrestee shall be prohibited from
 
 7 subsequently registering any motor vehicle for the applicable
 
 8 revocation period.
 
 9      [(d)] (f)  Whenever a driver's license is administratively
 
10 revoked under this part, the offender shall be referred to a
 
11 certified substance abuse counselor for an assessment of the
 
12 arrestee's alcohol abuse or dependence and the need for
 
13 treatment.  The counselor shall submit a report with
 
14 recommendations to the director.  If the counselor's assessment
 
15 establishes that the extent of the arrestee's alcohol abuse or
 
16 dependence warrants treatment, the director [may] shall so order.
 
17 All costs for assessment and treatment shall be paid by the
 
18 arrestee.
 
19      [(e)] (g)  Alcohol enforcement contacts that occurred prior
 
20 to August 1, 1991, shall be counted in determining the
 
21 administrative revocation period.
 
22      (h)  Alcohol enforcement contacts that occurred prior to the
 
23 effective date of this Act shall be counted in determining the
 
24 administrative revocation period for motor vehicle registration."
 

 
Page 37                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      SECTION 15.  Section 286-262, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§286-262[]]  Notice to other states.  When a
 
 4 nonresident's driving privilege [is] or driver's license and
 
 5 motor vehicle registration, if applicable, are administratively
 
 6 revoked under this part, the director shall notify, in writing,
 
 7 the officials in charge of traffic control or public safety in
 
 8 the nonresident's home state and in any other state in which the
 
 9 nonresident has driving privileges, driver's licenses, and motor
 
10 vehicle registrations, as applicable, of the action taken in this
 
11 State and shall return to the appropriate issuing authority in
 
12 the other states any driver's license and any motor vehicle
 
13 registration seized under section 286-255."
 
14      SECTION 16.  Section 286-264, Hawaii Revised Statutes, is
 
15 amended as follows:
 
16      1.  By amending the title and subsection (a) to read:
 
17      "§286-264  Conditional driver's license permits.  (a)  If an
 
18 arrestee subject to administrative revocation under this part
 
19 submitted to a breath or blood test and has had no prior alcohol
 
20 enforcement contacts during the five years preceding the date of
 
21 arrest, the director, at the request of the arrestee at the
 
22 administrative hearing, may issue a conditional driver's permit
 
23 allowing the arrestee to drive after a minimum period of absolute
 

 
Page 38                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1 license revocation of thirty days if one or more of the following
 
 2 conditions are met:
 
 3      (1)  The arrestee is gainfully employed in a position that
 
 4           requires driving and will be discharged if the
 
 5           arrestee's driving privileges are administratively
 
 6           revoked; or
 
 7      (2)  The arrestee has no access to alternative
 
 8           transportation and therefore must drive to work or to a
 
 9           substance abuse treatment facility or counselor for
 
10           treatment ordered by the director under section
 
11           286-261."
 
12      2.  By amending subsection (d) to read:
 
13      "(d)  A conditional permit may include restrictions allowing
 
14 the arrestee to drive: 
 
15      (1)  Only during hours of employment for activities solely
 
16           within the scope of the employment;
 
17      (2)  Only during daylight hours; or
 
18      (3)  Only for specified purposes or to specified
 
19           destinations.
 
20 In addition, the director may impose any other appropriate
 
21 restrictions[, including installation of an ignition interlock
 
22 system]."
 

 
 
 
Page 39                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      SECTION 17.  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 18.  Section 291-4, Hawaii Revised Statutes, is
 
18 amended by amending subsection (b) to read as follows:
 
19      "(b)  A person committing the offense of driving under the
 
20 influence of intoxicating liquor shall be sentenced as follows
 
21 without possibility of probation or suspension of sentence:
 
22      (1)  For the first offense, or any offense not preceded
 
23           within a five-year period by a conviction for driving
 

 
Page 40                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1           under the influence of intoxicating liquor under this
 
 2           section or section 291-4.4 by:
 
 3           (A)  A fourteen-hour minimum alcohol abuse
 
 4                rehabilitation program including education and
 
 5                counseling, or other comparable program deemed
 
 6                appropriate by the court; and
 
 7           (B)  Ninety-day prompt suspension of license with
 
 8                absolute prohibition from operating a motor
 
 9                vehicle during suspension of license, or the court
 
10                may impose, in lieu of the ninety-day prompt
 
11                suspension of license, a minimum thirty-day prompt
 
12                suspension of license with absolute prohibition
 
13                from operating a motor vehicle and, for the
 
14                remainder of the ninety-day period, a restriction
 
15                on the license that allows the person to drive for
 
16                limited work-related purposes and to participate
 
17                in alcoholism treatment programs; and
 
18           (C)  Any one or more of the following:
 
19                (i)  Seventy-two hours of community service work;
 
20               (ii)  Not less than forty-eight hours and not more
 
21                     than five days of imprisonment; or
 
22              (iii)  A fine of not less than $150 but not more
 
23                     than $1,000.
 

 
Page 41                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


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

 
 
 
Page 42                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1           (B)  Revocation of license for a period not less than
 
 2                one year but not more than five years; and
 
 3           (C)  Not less than ten days but not more than thirty
 
 4                days imprisonment of which at least forty-eight
 
 5                hours shall be served consecutively.
 
 6      (4)  Any person eighteen years of age or older, who is
 
 7           convicted under this section and who operated or
 
 8           assumed actual physical control of a vehicle with a
 
 9           passenger, in or on the vehicle, who was younger than
 
10           fifteen years of age, shall be sentenced to an
 
11           additional mandatory fine of $500, and an additional
 
12           mandatory term of imprisonment of forty-eight hours;
 
13           provided, however, that the total term of imprisonment
 
14           for a person convicted under this section shall not
 
15           exceed thirty days.
 
16      Notwithstanding any other law to the contrary, any
 
17 conviction for driving under the influence of intoxicating liquor
 
18 under this section or section 291-4.4 shall be considered a prior
 
19 conviction for purposes of imposing sentence under this section.
 
20      No license suspension or revocation shall be imposed
 
21 pursuant to this subsection if the person's license has
 
22 previously been administratively revoked pursuant to part XIV of
 
23 chapter 286 for the same offense; provided that, if the
 

 
Page 43                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1 administrative revocation is subsequently reversed, the person's
 
 2 license shall be suspended or revoked as provided in this
 
 3 subsection."
 
 4      SECTION 19.  Section 291-4.4, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "§291-4.4  Habitually driving under the influence of
 
 7 intoxicating liquor or drugs.(a)  A person commits the offense
 
 8 of habitually driving under the influence of intoxicating liquor
 
 9 or drugs if, during a ten-year period the person has been
 
10 convicted three or more times for a driving under the influence
 
11 offense; and
 
12      (1)  The person operates or assumes actual physical control
 
13           of the operation of any vehicle while under the
 
14           influence of intoxicating liquor, meaning that the
 
15           person is under the influence of intoxicating liquor in
 
16           an amount sufficient to impair the person's normal
 
17           mental faculties or ability to care for oneself and
 
18           guard against casualty;
 
19      (2)  The person operates or assumes actual physical control
 
20           of the operation of any vehicle with .08 or more grams
 
21           of alcohol per one hundred milliliters or cubic
 
22           centimeters of blood or .08 or more grams of alcohol
 
23           per two hundred ten liters of breath; or
 

 
Page 44                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (3)  A person operates or assumes actual physical control of
 
 2           the operation of any vehicle while under the influence
 
 3           of any drug which impairs such person's ability to
 
 4           operate the vehicle in a careful and prudent manner.
 
 5           The term "drug" as used in this section shall mean any
 
 6           controlled substance as defined and enumerated on
 
 7           schedules I through IV of chapter 329.
 
 8      (b)  For the purposes of this section, a driving under the
 
 9 influence offense means a violation of this section or section
 
10 291-4, 291-7, or 707-702.5, or violation of laws in another
 
11 jurisdiction that requires proof of each element of the offenses
 
12 punishable under either this section or section 291-4, 291-7, or
 
13 707-702.5 if committed in Hawaii.
 
14      (c)  Habitually driving under the influence of intoxicating
 
15 liquor or drugs is a class C felony.  In addition to any other
 
16 penalty imposed, a person convicted under this section shall be
 
17 sentenced to:
 
18      (1)  Revocation of driver's license for not less than one
 
19           year; and
 
20      (2)  Not less than ten days but not more than thirty days
 
21           imprisonment of which at least forty-eight hours shall
 
22           be served consecutively.
 

 
 
 
Page 45                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      No license suspension or revocation shall be imposed
 
 2 pursuant to this subsection if the person's license has
 
 3 previously been administratively revoked pursuant to part XIV of
 
 4 chapter 286 for the same offense; provided that, if the
 
 5 administrative revocation is subsequently reversed, the person's
 
 6 license shall be suspended or revoked as provided in this
 
 7 subsection.
 
 8      (d)  Whenever a court sentences a person pursuant to
 
 9 subsection (c), it also shall require that the offender be
 
10 referred to a substance abuse counselor who has been certified
 
11 pursuant to section 321-193 for an assessment of the offender's
 
12 alcohol abuse or dependence and the need for appropriate
 
13 treatment.  The counselor shall submit a report with
 
14 recommendations to the court.  The court shall require the
 
15 offender to obtain appropriate treatment if the counselor's
 
16 assessment establishes the offender's alcohol abuse or
 
17 dependence.
 
18      All cost for assessment or treatment or both shall be borne
 
19 by the offender."
 
20      SECTION 20.  In codifying the new sections added by section
 
21 3 of this Act, the revisor of statutes shall substitute
 
22 appropriate section numbers for the letters used in designating
 
23 the new sections in this Act.
 

 
Page 46                                                    2618
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      SECTION 21.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 22.  This Act shall take effect upon its approval.