REPORT TITLE:
Intoxicating liquor

DESCRIPTION:
Doubles penalties for driving under the influence of intoxicating
liquor at a blood-alcohol level of .17 or more grams of alcohol
per one hundred milliliters or cubic centimeters of blood or .17
or more grams of alcohol per two hundred ten liters of breath.
(HB2775 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2775
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO INTOXICATING LIQUOR.



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

 1      SECTION 1.  Section 291-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  A person committing the offense of driving under the
 
 4 influence of intoxicating liquor shall be sentenced as follows
 
 5 without possibility of probation or suspension of sentence:
 
 6      (1)  For the first offense, or any offense not preceded
 
 7           within a five-year period by a conviction for driving
 
 8           under the influence of intoxicating liquor under this
 
 9           section or section 291-4.4, and the person has a
 
10           concentration of .08 but less than .17 grams of alcohol
 
11           per one hundred milliliters or cubic centimeters of
 
12           blood or .08 but less than .17 grams of alcohol per two
 
13           hundred ten liters of breath, by:
 
14           (A)  A fourteen-hour minimum alcohol abuse
 
15                rehabilitation program including education and
 
16                counseling, or other comparable program deemed
 
17                appropriate by the court; [and]
 
18           (B)  Ninety-day prompt suspension of license with
 
19                absolute prohibition from operating a motor
 

 
Page 2                                                     2775
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                vehicle during suspension of license, or the court
 
 2                may impose, in lieu of the ninety-day prompt
 
 3                suspension of license, a minimum thirty-day prompt
 
 4                suspension of license with absolute prohibition
 
 5                from operating a motor vehicle and, for the
 
 6                remainder of the ninety-day period, a restriction
 
 7                on the license that allows the person to drive for
 
 8                limited work-related purposes and to participate
 
 9                in alcoholism treatment programs; and
 
10           (C)  Any one or more of the following:
 
11                (i)  Seventy-two hours of community service work;
 
12               (ii)  Not less than forty-eight hours and not more
 
13                     than five days of imprisonment; or
 
14              (iii)  A fine of not less than $150 but not more
 
15                     than $1,000[.];
 
16      (2)  For the first offense, or any offense not preceded
 
17           within a five-year period by a conviction for driving
 
18           under the influence of intoxicating liquor under this
 
19           section or section 291-4.4, and the person has a
 
20           concentration of .17 or more grams of alcohol per one
 
21           hundred milliliters or cubic centimeters of blood or
 
22           .17 or more grams of alcohol per two hundred ten liters
 
23           of breath, by:
 

 
Page 3                                                     2775
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           (A)  A twenty eight-hour minimum alcohol abuse
 
 2                rehabilitation program including education and
 
 3                counseling, or other comparable program deemed
 
 4                appropriate by the court;
 
 5           (B)  One hundred eighty-day prompt suspension of
 
 6                license with absolute prohibition from operating a
 
 7                motor vehicle during suspension of license, or the
 
 8                court may impose, in lieu of the one hundred
 
 9                eighty-day prompt suspension of license, a minimum
 
10                sixty-day prompt suspension of license with
 
11                absolute prohibition from operating a motor
 
12                vehicle and, for the remainder of the one hundred
 
13                eighty-day period, a restriction on the license
 
14                that allows the person to drive for limited work-
 
15                related purposes and to participate in alcoholism
 
16                treatment programs; and
 
17           (C)  Any one or more of the following:
 
18                (i)  One hundred forty-four hours of community
 
19                     service work;
 
20               (ii)  Not less than ninety-six hours and not more
 
21                     than ten days of imprisonment; or
 
22              (iii)  A fine of not less than $300 but not more
 
23                     than $2,000;
 

 
Page 4                                                     2775
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1     [(2)] (3)  For an offense that occurs within five years of a
 
 2           prior conviction for driving under the influence of
 
 3           intoxicating liquor under this section or section 291-
 
 4           4.4, and the person has a concentration of .08 but less
 
 5           than .17 grams of alcohol per one hundred milliliters
 
 6           or cubic centimeters of blood or .08 but less than .17
 
 7           grams of alcohol per two hundred ten liters of breath,
 
 8           by:
 
 9           (A)  Prompt suspension of license for a period of one
 
10                year with the absolute prohibition from operating
 
11                a motor vehicle during suspension of license;
 
12           (B)  Either one of the following:
 
13                (i)  Not less than one hundred hours of community
 
14                     service work; or
 
15               (ii)  Not less than forty-eight consecutive hours
 
16                     but not more than fourteen days of
 
17                     imprisonment of which at least forty-eight
 
18                     hours shall be served consecutively; and
 
19           (C)  A fine of not less than $500 but not more than
 
20                $1,500[.];
 
21      (4)  For an offense that occurs within five years of a prior
 
22           conviction for driving under the influence of
 
23           intoxicating liquor under this section or section 291-
 

 
Page 5                                                     2775
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           4.4, and the person has a concentration of .17 or more
 
 2           grams of alcohol per one hundred milliliters or cubic
 
 3           centimeters of blood or .17 or more grams of alcohol
 
 4           per two hundred ten liters of breath, by:
 
 5           (A)  Prompt suspension of license for a period of two
 
 6                years 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 two hundred hours of community
 
10                     service work; or
 
11               (ii)  Not less than ninety-six consecutive hours
 
12                     but not more than twenty-eight days of
 
13                     imprisonment of which at least ninety-six
 
14                     hours shall be served consecutively;
 
15               and
 
16           (C)  A fine of not less than $1,000 but not more than
 
17                $3,000;
 
18     [(3)] (5)  For an offense that occurs within five years of
 
19           two prior convictions for driving under the influence
 
20           of intoxicating liquor under this section or section
 
21           291-4.4, and the person has a concentration of .08 but
 
22           less than .17 grams of alcohol per one hundred
 
23           milliliters or cubic centimeters of blood or .08 but
 

 
Page 6                                                     2775
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           less than .17 grams of alcohol per two hundred ten
 
 2           liters of breath, by:
 
 3           (A)  A fine of not less than $500 but not more than
 
 4                $2,500;
 
 5           (B)  Revocation of license for a period not less than
 
 6                one year but not more than five years; and
 
 7           (C)  Not less than ten days but not more than thirty
 
 8                days imprisonment of which at least forty-eight
 
 9                hours shall be served consecutively[.];
 
10      (6)  For an offense that occurs within five years of two
 
11           prior convictions for driving under the influence of
 
12           intoxicating liquor under this section or section 291-
 
13           4.4, and the person has a concentration of .17 or more
 
14           grams of alcohol per one hundred milliliters or cubic
 
15           centimeters of blood or .17 or more grams of alcohol
 
16           per two hundred ten liters of breath, by:
 
17           (A)  A fine of not less than $1,000 but not more than
 
18                $5,000;
 
19           (B)  Revocation of license for a period not less than
 
20                two years but not more than ten years; and
 
21           (C)  Not less than twenty days but not more than thirty
 
22                days imprisonment of which at least ninety-six
 
23                hours shall be served consecutively;
 

 
Page 7                                                     2775
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1     [(4)] (7)  Any person eighteen years of age or older, who is
 
 2           convicted under this section [and] who [operated]:
 
 3           (A)  Had a concentration of .08 but less than .17 grams
 
 4                of alcohol per one hundred milliliters or cubic
 
 5                centimeters of blood or .08 but less than .17
 
 6                grams of alcohol per two hundred ten liters of
 
 7                breath; and
 
 8           (B)  Operated or assumed actual physical control of a
 
 9                vehicle with a passenger, in or on the vehicle,
 
10                who was younger than fifteen years of age, shall
 
11                be sentenced to an additional mandatory fine of
 
12                $500, and an additional mandatory term of
 
13                imprisonment of forty-eight hours; provided[,
 
14                however,] that the total term of imprisonment for
 
15                a person convicted under this section shall not
 
16                exceed thirty days[.];
 
17      (8)  Any person eighteen years of age or older, who is
 
18           convicted under this section who:
 
19           (A)  Had a concentration of .17 or more grams of
 
20                alcohol per one hundred milliliters or cubic
 
21                centimeters of blood or .17 or more grams of
 
22                alcohol per two hundred ten liters of breath; and
 
23           (B)  Operated or assumed actual physical control of a
 
24                vehicle with a passenger, in or on the vehicle,
 
25                who was younger than fifteen years of age,
 

 
Page 8                                                     2775
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           shall be sentenced to an additional mandatory fine of
 
 2           $1,000, and an additional mandatory term of
 
 3           imprisonment of ninety-six hours; provided that the
 
 4           total term of imprisonment for a person convicted under
 
 5           this section shall not exceed thirty days.
 
 6      Notwithstanding any other law to the contrary, any
 
 7 conviction for driving under the influence of intoxicating liquor
 
 8 under this section or section 291-4.4 shall be considered a prior
 
 9 conviction for purposes of imposing sentence under this section.
 
10      No license suspension or revocation shall be imposed
 
11 pursuant to this subsection if the person's license has
 
12 previously been administratively revoked pursuant to part XIV of
 
13 chapter 286 for the same offense; provided that, if the
 
14 administrative revocation is subsequently reversed, the person's
 
15 license shall be suspended or revoked as provided in this
 
16 subsection."
 
17      SECTION 2.  This Act does not affect rights and duties that
 
18 matured, penalties that were incurred, and proceedings that were
 
19 begun, before its effective date.
 
20      SECTION 3.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 4.  This Act shall take effect upon its approval.