REPORT TITLE:
DUI; ADLR


DESCRIPTION:
Amends driving impaired statutes to consolidate and conform
offenses relating to operating a vehicle while using an
intoxicant.  Makes conforming amendments. (HD1)

 
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HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO USE OF INTOXICANTS.



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

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 resulted in proposed legislation that consolidates many
 
 2 provisions and provides for uniform and consistent treatment of
 
 3 impaired driving and boating offenses.
 
 4      It is the intent of the legislature to provide, where
 
 5 appropriate, uniform provisions, rights, and penalties, including
 
 6 immediate license revocation under the administrative revocation
 
 7 of license provisions and the same rights with respect to jury
 
 8 trials, for impaired driving, boating, and "zero tolerance"
 
 9 offenders.  This Act makes the penalty provisions imposed on all
 
10 impaired vehicle operators, for a first, second, or third
 
11 offense, consistent with the present penalties imposed for
 
12 driving under the influence of intoxicating liquor under section
 
13 291-4, Hawaii Revised Statutes.  One effect of making these
 
14 penalties consistent is that the maximum jail time that currently
 
15 may be imposed on certain impaired offenders will be reduced.
 
16 The legislature finds that reducing this maximum term of
 
17 imprisonment that may be imposed to thirty days, consistent with
 
18 present driving under the influence of intoxicating liquor cases,
 
19 will ensure that rights with respect to jury trials will be
 
20 consistent for all first, second, and third impaired offenses.
 
21      The legislature has previously taken steps to indicate its
 
22 intent that defendants charged with driving under the influence
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 of intoxicating liquor not be entitled to a jury trial.  In Act
 
 2 128, Session Laws of Hawaii 1993, the legislature clearly stated
 
 3 that the first offense of driving under the influence of
 
 4 intoxicating liquor is a "petty offense" in the constitutional
 
 5 sense and reduced the maximum possible penalty to ensure that
 
 6 defendants charged with a first offense not be entitled to a jury
 
 7 trial.  Finding a critical need to take additional steps to
 
 8 relieve the then existing first circuit court congestion of
 
 9 driving under the influence of intoxicating liquor cases awaiting
 
10 jury trial, the legislature again took action in Act 226, Session
 
11 Laws of Hawaii 1995, to reduce the maximum terms of imprisonment
 
12 for second and third offenses of driving under the influence of
 
13 intoxicating liquor.  The maximum term of imprisonment for a
 
14 second offense was reduced from sixty to fourteen days and for a
 
15 third offense from one hundred eighty to thirty days to ensure
 
16 that defendants charged with these offenses are not entitled to
 
17 jury trials.
 
18      Furthermore, the legislature notes that in State v. Lindsey,
 
19 77 Haw. 162 (1994), the Hawaii supreme court ruled that "if the
 
20 maximum term of imprisonment for a particular offense does not
 
21 exceed thirty days, it is presumptively a petty offense to which
 
22 the right to a jury trial does not attach."  The court further
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 stated that the "presumption can be overcome only in
 
 2 extraordinary cases when consideration of other ... factors ...
 
 3 unequivocally demonstrates that society demands that persons
 
 4 charged with the offense at issue be afforded the right to a jury
 
 5 trial."
 
 6      Consequently, the legislature finds and intends that a term
 
 7 of imprisonment not to exceed thirty days will not entitle a
 
 8 defendant under this Act to a jury trial.  The legislature
 
 9 further finds that there presently exists a backlog with respect
 
10 to jury trials for driving under the influence of drug cases.
 
11 Therefore, the legislature intends that the penalties provided in
 
12 this Act, including the reduced maximum possible jail terms,
 
13 apply retroactively to pending driving under the influence of
 
14 drug cases arising under section 291-7, Hawaii Revised Statutes,
 
15 to preclude jury trials in such cases.
 
16      The legislature is mindful that the statutory changes
 
17 proposed in this Act will require the judiciary and law
 
18 enforcement agencies to develop new procedures and forms to
 
19 ensure compliance.  The legislature believes that an enactment
 
20 date of July 1, 2000, will provide sufficient time to accommodate
 
21 these development timetables.
 
22      Accordingly, the purpose of this Act is to make consistent,
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 where appropriate, the provisions relating to operating a vehicle
 
 2 while using an intoxicant.
 
 3      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
 4 a new chapter to be appropriately designated and to read as
 
 5 follows:
 
 6                             "CHAPTER
 
 7           USE OF INTOXICANTS WHILE OPERATING A VEHICLE
 
 8                    PART I.  GENERAL PROVISIONS
 
 9      §   -1  Definitions.  As used in this chapter, unless the
 
10 context otherwise requires:
 
11      "Administrative revocation" means termination of the
 
12 respondent's driver's license and the privilege to operate a
 
13 vessel underway on or in the waters of the State pursuant to part
 
14 III, but does not include any revocation imposed under section
 
15    -81.
 
16      "Alcohol" means the product of distillation of any fermented
 
17 liquid, regardless of whether rectified, whatever may be the
 
18 origin thereof, and includes ethyl alcohol, lower aliphatic
 
19 alcohol, and phenol as well as synthetic ethyl alcohol, but not
 
20 denatured or other alcohol that is considered not potable under
 
21 the customs laws of the United States.
 
22      "Alcohol concentration" means either grams of alcohol per
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 one hundred milliliters or cubic centimeters of blood or grams of
 
 2 alcohol per two hundred ten liters of breath.
 
 3      "Alcohol enforcement contact" means:  any administrative
 
 4 revocation ordered pursuant to part III; any driver's license
 
 5 suspension or revocation or any suspension or revocation of a
 
 6 privilege to operate a vessel underway imposed by this or any
 
 7 other state or federal jurisdiction for refusing to submit to a
 
 8 test for alcohol concentration; or any conviction in this State
 
 9 for operating or being in physical control of a vehicle while
 
10 having an unlawful alcohol concentration or while under the
 
11 influence of alcohol; or a conviction in any other state or
 
12 federal jurisdiction for an offense that is comparable to
 
13 operating or being in physical control of a vehicle while having
 
14 an unlawful alcohol concentration or while under the influence of
 
15 alcohol.
 
16      "Arrestee" means a person arrested for violation of
 
17 section    -80 or    -81.
 
18      "Certified substance abuse counselor" means any person
 
19 certified by the department of health pursuant to section
 
20 321-193(10), or any other substance abuse specialist or medical
 
21 practitioner the director of health may appoint to carry out the
 
22 functions of a certified substance abuse counselor under this
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           motor vehicle.
 
 2      "Measurable amount of alcohol" means a test result equal to
 
 3 or greater than .02 but less than .08 grams of alcohol per one
 
 4 hundred milliliters or cubic centimeters of blood or equal to or
 
 5 greater than .02 but less than .08 grams of alcohol per two
 
 6 hundred ten liters of breath.
 
 7      "Motor vehicle" has the same meaning as in section 286-2,
 
 8 except that it specifically includes a "moped" as defined in
 
 9 section 286-2.
 
10      "Nonresident's operating privilege" means the privilege
 
11 conferred by law upon a nonresident to operate a vehicle in this
 
12 State.
 
13      "Notice of administrative revocation" or "notice" means the
 
14 written notice issued to the respondent by a law enforcement
 
15 officer pursuant to section    -33.
 
16      "Operate" means to drive or assume actual physical control
 
17 of a vehicle in the State or to navigate or otherwise use a
 
18 vessel on or in the waters of the State.
 
19      "Operator" means a person who drives or assumes actual
 
20 physical control of a vehicle or a person who operates, or who
 
21 has charge of the navigation or use of, a vessel.
 
22      "Respondent" means a person to whom a notice of
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 administrative revocation has been issued following an arrest for
 
 2 a violation of section    -80 or    -81 or following the
 
 3 collection of a blood or urine sample from the person, pursuant
 
 4 to section    -21, because there was probable cause to believe
 
 5 that the person has violated section    -81.
 
 6      "State" means:  any state of the United States; the District
 
 7 of Columbia; the Commonwealth of Puerto Rico; the United States
 
 8 Virgin Islands; American Samoa; Guam; any province of the
 
 9 Dominion of Canada; and the Commonwealth of the Northern Mariana
 
10 Islands, except when the word, in context, clearly refers to the
 
11 State of Hawaii.
 
12      "Temporary permit" means that portion of the notice of
 
13 administrative revocation that, when completed by a law
 
14 enforcement officer, permits the respondent to operate a vehicle
 
15 for thirty days in the case of an alcohol related offense and
 
16 forty-four days in the case of a drug related offense or until
 
17 such time as the director may establish under part III.
 
18      "Under the influence" means that a person is under the
 
19 influence of one or more intoxicants to the extent that the
 
20 person's normal faculties or ability to care for the person and
 
21 guard against casualty is impaired.
 
22      "Underway" means that a vessel is not at anchor, made fast
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 to the shore, or aground.
 
 2      "Vehicle" includes a:
 
 3      (1)  Motor vehicle as defined in section 286-2;
 
 4      (2)  Moped as defined in section 286-2; and
 
 5      (3)  Vessel.
 
 6      "Vessel" means all description of watercraft, used or
 
 7 capable of being used as a means of transportation on or in the
 
 8 water, except a seaplane.
 
 9      "Waters of the State" means any waters within the
 
10 jurisdiction of the State, the marginal seas adjacent to the
 
11 State, and the high seas when navigated as part of a journey or
 
12 ride to or from the shore of the State.
 
13      §   -2 Medical services.  The several county and state
 
14 government physicians shall, or any other qualified person may,
 
15 make whatever tests and analyses as may be requested of them by
 
16 any law enforcement officer in connection with the determination
 
17 of whether or not a person is or was under the influence of an
 
18 intoxicant or has consumed a measurable amount of alcohol for any
 
19 purpose under this chapter.
 
20      §   -3 Evidence of intoxication.(a)  In any criminal
 
21 prosecution for a violation of section    -81 or in any
 
22 proceeding under part III:
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (1)  .08 or more grams of alcohol per one hundred
 
 2           milliliters or cubic centimeters of the defendant's
 
 3           blood;
 
 4      (2)  .08 or more grams of alcohol per two hundred ten liters
 
 5           of the defendant's breath; or
 
 6      (3)  The presence of one or more drugs or any combination of
 
 7           alcohol or drugs that impair the defendant's normal
 
 8           mental faculties or ability to care for the defendant
 
 9           and guard against casualty,
 
10 within three hours after the time of the alleged violation as
 
11 shown by chemical analysis or other approved analytical
 
12 techniques of the defendant's blood, breath, or urine shall be
 
13 competent evidence that the defendant was under the influence of
 
14 an intoxicant at the time of the alleged violation.
 
15      (b)  In any criminal prosecution for a violation of section
 
16    -81, the amount of alcohol found in the defendant's blood or
 
17 breath within three hours after the time of the alleged violation
 
18 as shown by chemical analysis or other approved analytical
 
19 techniques of the defendant's blood or breath shall be competent
 
20 evidence that the defendant was under the influence of an
 
21 intoxicant at the time of the alleged violation and shall give
 
22 rise to the following presumptions:
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (1)  If there were .05 or less grams of alcohol per one
 
 2           hundred milliliters or cubic centimeters of blood or
 
 3           .05 or less grams of alcohol per two hundred ten liters
 
 4           of defendant's breath, it shall be presumed that the
 
 5           defendant was not under the influence of an intoxicant
 
 6           at the time of the alleged violation; provided that
 
 7           this presumption shall not apply if there is competent
 
 8           evidence of drug content in the defendant's blood or
 
 9           urine; and
 
10      (2)  If there were in excess of .05 grams of alcohol per one
 
11           hundred milliliters or cubic centimeters of defendant's
 
12           blood or .05 grams of alcohol per two hundred ten
 
13           liters of defendant's breath, but less than .08 grams
 
14           of alcohol per one hundred milliliters or cubic
 
15           centimeters of defendant's blood or .08 grams of
 
16           alcohol per two hundred ten liters of defendant's
 
17           breath, that fact may be considered with other
 
18           competent evidence in determining whether or not the
 
19           defendant, at the time of the alleged violation, was
 
20           under the influence of an intoxicant but shall not of
 
21           itself give rise to any presumption.
 
22 
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (c)  Nothing in this section shall be construed as limiting
 
 2 the introduction, in any criminal proceeding for a violation
 
 3 under section    -81 or in any proceeding under part III, of
 
 4 relevant evidence of a person's alcohol concentration or drug
 
 5 content obtained more than three hours after an alleged
 
 6 violation; provided that the evidence is offered in compliance
 
 7 with the Hawaii rules of evidence.
 
 8      §   -4 Offenses and acts prior to July 1, 2000.(a)  Any
 
 9 offense under section 200-81, 291-4, or 291-7, as those sections
 
10 were in effect prior to June 30, 2000, shall be counted as a
 
11 prior offense for purposes of section    -41 or    -81.
 
12      (b)  Any violation of section 291-4.5, as that section was
 
13 in effect prior to June 30, 2000, shall be counted as a prior
 
14 violation for purposes of section    -41 or    -83.
 
15                     PART II.  IMPLIED CONSENT
 
16      §   -11  Implied consent of operator of vehicle to submit to
 
17 testing to determine alcohol concentration and drug content.(a)
 
18 Any person who operates a vehicle in the State or on or in the
 
19 waters of the State shall be deemed to have given consent,
 
20 subject to this part, to a test or tests approved by the director
 
21 of health of the person's breath, blood, or urine for the purpose
 
22 of determining alcohol concentration or drug content of the
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 person's breath, blood, or urine, as applicable.
 
 2      (b)  The test or tests shall be administered at the request
 
 3 of a law enforcement officer having probable cause to believe the
 
 4 person operating or in actual physical control of a vehicle in
 
 5 the State or on or in the waters of the State is under the
 
 6 influence of an intoxicant or is under the age of twenty-one and
 
 7 has consumed a measurable amount of alcohol concentration, only
 
 8 after:
 
 9      (1)  A lawful arrest; and
 
10      (2)  The person has been informed by a law enforcement
 
11           officer of the sanctions under part III;
 
12      (c)  If there is probable cause to believe that a person is
 
13 in violation of section    -80, as a result of being under the
 
14 age of twenty-one and having consumed a measurable amount of
 
15 alcohol, or section    -81, as a result of having consumed
 
16 alcohol, then the person shall take a breath or blood test, as
 
17 directed by the law enforcement officer, for the purpose of
 
18 determining the alcohol concentration.
 
19      (d)  If there is probable cause to believe that a person is
 
20 in violation of section    -81, as a result of having consumed
 
21 any drug, then the person shall take a blood or urine test, as
 
22 directed by the law enforcement officer, for the purpose of
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 determining the drug content.  Drug content shall be measured by
 
 2 the presence of any drug or its metabolic products or both.  The
 
 3 person shall be informed by a law enforcement officer of the
 
 4 sanctions under part III for failure to take the test.
 
 5      (e)  A person who chooses to submit to a breath test under
 
 6 subsection (c) also may be requested to submit to a blood or
 
 7 urine test, if the officer has probable cause to believe that the
 
 8 person was operating a vehicle under the influence of any drugs
 
 9 under section    -81 or the combined influence of alcohol and
 
10 drugs and the officer has probable cause to believe that a blood
 
11 or urine test will reveal evidence of the person being under the
 
12 influence of drugs.  The officer shall state in the officer's
 
13 report the facts upon which that belief is based.  The person
 
14 shall take a blood or urine test, as directed by the law
 
15 enforcement officer, for the purpose of determining the person's
 
16 drug content.  Results of a blood or urine test conducted to
 
17 determine drug content also shall be admissible for the purpose
 
18 of determining the person's alcohol concentration.  Submission to
 
19 testing for drugs under subsection (d) or this subsection shall
 
20 not be a substitute for alcohol tests requested under subsection
 
21 (c).
 
22      (f)  A preliminary breath test is not a substitute for a
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 breath, blood, or urine test required under this section.
 
 2 Analysis from a preliminary breath test shall be considered as
 
 3 probable cause evidence only.
 
 4      (g)  Any person tested pursuant to this section who is
 
 5 convicted or has the person's license revoked pursuant to this
 
 6 section may be ordered to reimburse the county for the cost of
 
 7 any blood or urine tests, or both, conducted pursuant to this
 
 8 section.  The court or the director, as applicable, shall order
 
 9 the person to make restitution in a lump sum, or in a series of
 
10 prorated installments, to the police department or other agency
 
11 incurring the expense of the blood or urine test, or both.
 
12      (h)  For purposes of this section:
 
13      "Preliminary breath testing device" means a device designed
 
14 to detect and verify the presence of alcohol or provide an
 
15 estimated value of alcohol concentration.
 
16      §   -12  Persons qualified to take blood specimen.  No
 
17 person, other than a physician, registered nurse, phlebotomist
 
18 deemed qualified by the director of a clinical laboratory that is
 
19 licensed by the State, or person licensed in a clinical
 
20 laboratory occupation under section 321-13, may withdraw blood
 
21 for the purpose of determining the alcohol concentration or drug
 
22 content therein.  This limitation shall not apply to the taking
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 of a breath or urine specimen.
 
 2      §   -13  Additional tests.  The person tested may choose any
 
 3 physician, registered nurse, or person licensed in a clinical
 
 4 laboratory occupation under section 321-13 to withdraw blood and
 
 5 also may choose any qualified person to administer a test or
 
 6 tests in addition to any administered at the direction of a law
 
 7 enforcement officer.  The result of the test or tests may be used
 
 8 as provided in section    -83.  The failure or inability to
 
 9 obtain an additional test by a person shall not preclude the
 
10 admission of the test or tests taken at the direction of a law
 
11 enforcement officer.  Upon the request of the person who is
 
12 tested, full information concerning the test or tests taken at
 
13 the direction of the law enforcement officer shall be made
 
14 available to that person.
 
15      §   -14  Consent of person incapable of refusal not
 
16 withdrawn.  The consent of a person deemed to have given the
 
17 person's consent pursuant to section    -11 shall not be
 
18 withdrawn by reason of the person's being dead, unconscious, or
 
19 in any other condition that renders the person incapable of
 
20 consenting to examination, and the test may be given.  In such
 
21 event, a test of the person's blood or urine shall be
 
22 administered.
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      §   -21  Applicable scope of part; mandatory testing in the
 
 2 event of a collision resulting in injury or death.(a)  Nothing
 
 3 in this part shall be construed to prevent a law enforcement
 
 4 officer from obtaining a sample of breath, blood, or urine, from
 
 5 the operator of any vehicle involved in a collision resulting in
 
 6 injury to or the death of any person, as evidence that the
 
 7 operator was under the influence of an intoxicant.
 
 8      (b)  If a health care provider who is providing medical
 
 9 care, in a health care facility, to any person involved in a
 
10 vehicle collision:
 
11      (1)  Becomes aware, as a result of any blood or urine test
 
12           performed in the course of medical treatment, that:
 
13           (A)  The alcohol concentration in the person's blood
 
14                meets or exceeds the amount specified in
 
15                section    -81(b)(3); or
 
16           (B)  The persons's blood or urine contains one or more
 
17                drugs; and
 
18      (2)  Has a reasonable belief that the person was the
 
19           operator of a vehicle involved in the collision,
 
20 the health care provider shall notify, as soon as reasonably
 
21 possible, any law enforcement officer present at the health care
 
22 facility to investigate the collision.  If no law enforcement
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 officer is present, the health care provider shall notify the
 
 2 county police department in the county where the collision
 
 3 occurred.  If the health care provider is aware of any blood or
 
 4 urine test result, as provided in paragraph (1), but lacks
 
 5 information to form a reasonable belief as to the identity of the
 
 6 operator involved in a vehicle collision, as provided in
 
 7 paragraph (2), then the health care provider shall give notice to
 
 8 a law enforcement officer present or to the county police
 
 9 department, as applicable, for each person involved in a vehicle
 
10 collision whose alcohol concentration in the person's blood meets
 
11 or exceeds the amount specified in section    -81(b)(3) or whose
 
12 blood or urine contains one or more drugs.  The notice by the
 
13 health care provider shall consist of the name of the person
 
14 being treated, the blood alcohol concentration or drug content
 
15 disclosed by the test, and the date and time of the
 
16 administration of the test.  This notice shall be deemed to
 
17 satisfy the intoxication element necessary to establish the
 
18 probable cause requirement set forth in subsection (c).
 
19      (c)  In the event of a collision resulting in injury or
 
20 death and if a law enforcement officer has probable cause to
 
21 believe that a person involved in the collision has committed a
 
22 violation of section 707-702.5, 707-703, 707-704, 707-705,
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 707-706, or    -81, the law enforcement officer shall request
 
 2 that a sample of blood or urine be recovered from the vehicle
 
 3 operator or any other person suspected of committing a violation
 
 4 of section 707-702.5, 707-703, 707-704, 707-705, 707-706, or
 
 5    -81.
 
 6      (d)  The law enforcement officer shall make the request
 
 7 under subsection (c) to the hospital or medical facility treating
 
 8 the person from whom the blood or urine is to be recovered.  Upon
 
 9 the request of the law enforcement officer that blood or urine be
 
10 recovered pursuant to this section, and except where the
 
11 responsible attending personnel at the hospital or medical
 
12 facility determines in good faith that recovering or attempting
 
13 to recover blood or urine from the person represents an imminent
 
14 threat to the health of the medical personnel or others, the
 
15 hospital or medical facility shall: provide the law enforcement
 
16 officer with the blood or urine sample requested; recover the
 
17 sample in compliance with section 321-161; and assign a person
 
18 authorized under section    -12 to withdraw the blood sample or
 
19 obtain the urine.
 
20      (e)  Any person complying with this section shall be exempt
 
21 from liability pursuant to section 663-1.9 as a result of
 
22 compliance.
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (f)  As used in this section, unless the context otherwise
 
 2 requires:
 
 3      "Health care facility" includes any program, institution,
 
 4 place, building, or agency, or portion thereof, private or
 
 5 public, whether organized for profit or not, that is used,
 
 6 operated, or designed to provide medical diagnosis, treatment, or
 
 7 rehabilitative or preventive care to any person.  The term
 
 8 includes but is not limited to health care facilities that are
 
 9 commonly referred to as hospitals, outpatient clinics, organized
 
10 ambulatory health care facilities, emergency care facilities and
 
11 centers, health maintenance organizations, and others providing
 
12 similarly organized services regardless of nomenclature.
 
13      "Health care provider" means a person who is licensed,
 
14 certified, or otherwise authorized or permitted by law to
 
15 administer health care in the ordinary course of business or
 
16 practice of a profession. 
 
17           PART III.  ADMINISTRATIVE REVOCATION PROCESS
 
18      §   -31  Notice of administrative revocation; effect.  As
 
19 used in this part, the notice of administrative revocation:
 
20      (1)  Establishes that the respondent's license and privilege
 
21           to operate a vehicle in the State or on or in the
 
22           waters of the State shall be terminated:
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           (A)  Thirty days after the date the notice of
 
 2                administrative revocation is issued in the case of
 
 3                an alcohol related offense;
 
 4           (B)  Forty-four days after the date the notice of
 
 5                administrative revocation is issued in the case of
 
 6                a drug related offense or an offense involving the
 
 7                combined use of alcohol and drugs; or
 
 8           (C)  Such later date as is established by the director
 
 9                under section    -38;
 
10           if the director administratively revokes the
 
11           respondent's license;
 
12      (2)  Establishes the date on which administrative revocation
 
13           proceedings against the respondent were initiated; and
 
14      (3)  Serves as a temporary permit to operate a vehicle as
 
15           provided in section    -33.
 
16      §   -32  Criminal prosecution.(a)  Criminal prosecution
 
17 under section    -81 may be commenced concurrently with
 
18 administrative revocation proceedings under this part; provided
 
19 that documentary and testimonial evidence provided by the
 
20 respondent during the administrative proceeding shall not be
 
21 admissible against the respondent in any proceeding under section
 
22    -81 arising out of the same occurrence.
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (b)  When a person's license and privilege to operate a
 
 2 vehicle is revoked under this part and the person also is
 
 3 convicted of an offense under section    -81 arising out of the
 
 4 same occurrence, the total period of revocation imposed in the
 
 5 two proceedings shall not exceed the longer period of revocation
 
 6 imposed in either proceeding. If the person is convicted under
 
 7 section    -81 prior to completion of administrative proceedings,
 
 8 the person shall surrender the temporary permit issued under this
 
 9 part at the time of entry of a plea of guilty or no contest,
 
10 entry of a verdict of guilty, or of sentencing, whichever occurs
 
11 first.
 
12      §   -33  Probable cause determination; issuance of notice of
 
13 administrative revocation; procedures.(a)  Whenever a person is
 
14 arrested for a violation of section    -80 or    -81 on a
 
15 determination by the arresting law enforcement officer that:
 
16      (1)  There was reasonable suspicion to stop the vehicle or
 
17           the vehicle was stopped at an intoxicant control
 
18           roadblock established and operated in compliance with
 
19           sections    -19 and    -20; and
 
20      (2)  There was probable cause to believe that the arrestee
 
21           was operating or in actual physical control of the
 
22           vehicle:
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           (A)  While under the influence of an intoxicant; or
 
 2           (B)  While under the age of twenty-one and after
 
 3                consuming a measurable amount of alcohol;
 
 4 the law enforcement officer immediately shall take possession of
 
 5 any license held by the person and request the arrestee to take a
 
 6 test for concentration of alcohol in the blood, in the case of an
 
 7 alcohol related offense, or a test for drug content in the blood
 
 8 or urine, in the case of a drug related offense.  The law
 
 9 enforcement officer shall inform the person that, in the case of
 
10 an alcohol related offense, the person shall take a breath test
 
11 or a blood test, as directed by the law enforcement officer
 
12 pursuant to section    -11.  In the case of a drug related
 
13 offense, the person shall take a blood test or a urine test, as
 
14 directed by the law enforcement officer pursuant to section
 
15    -11.  The law enforcement officer also shall inform the person
 
16 of the sanctions under this part, including the sanction for
 
17 refusing to take a breath, blood, or urine test.  Thereafter, the
 
18 law enforcement officer shall complete and issue to the arrestee
 
19 a notice of administrative revocation and shall indicate thereon
 
20 whether the notice shall serve as a temporary permit.  The notice
 
21 shall serve as a temporary permit, unless, at the time of arrest:
 
22 the arrestee was unlicensed; the arrestee's license or privilege
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           under section    -81; and
 
 2      (3)  That criminal charges filed pursuant to section    -81
 
 3           may be prosecuted concurrently with the administrative
 
 4           action.
 
 5      (b)  The notice, when completed by the law enforcement
 
 6 officer and issued to the respondent, shall contain at a minimum
 
 7 the following information relating to the incident that gives
 
 8 rise to the issuance of the notice of administrative revocation:
 
 9      (1)  Information identifying the respondent;
 
10      (2)  The specific violation for which the person was
 
11           arrested, if applicable;
 
12      (3)  The date issued and the date the administrative
 
13           revocation is scheduled to go into effect;
 
14      (4)  That the respondent was informed of the sanctions of
 
15           this part and of the consequences of refusing to be
 
16           tested for alcohol concentration of the blood or drug
 
17           content in the blood or urine and whether or not the
 
18           respondent consented to be tested;
 
19      (5)  The expiration date of the temporary permit; and
 
20      (6)  That the issuance of the notice of administrative
 
21           revocation will be administratively reviewed.
 
22      (c)  The notice shall provide, at a minimum, the following
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 thereunder shows that a respondent:
 
 2      (1)  Twenty-one years or older at the time of the arrest,
 
 3           had an alcohol concentration less than .08; or
 
 4      (2)  Under the age of twenty-one years, had an alcohol
 
 5           concentration less than .02,
 
 6 the director or the arresting law enforcement agency shall
 
 7 immediately return the respondent's license, along with a
 
 8 certified statement that administrative revocation proceedings
 
 9 have been terminated with prejudice.
 
10      (b)  In cases involving a drug related offense, if a test
 
11 conducted in accordance with part II and section 321-161 and the
 
12 rules adopted thereunder shows no drug content in the
 
13 respondent's blood or urine, the director or the arresting law
 
14 enforcement agency immediately shall return the respondent's
 
15 license, along with a certified statement that administrative
 
16 revocation proceedings have been terminated with prejudice.
 
17      §   -36  Documents required to be submitted for
 
18 administrative review; sworn statements of law enforcement
 
19 officials.  (a)  Whenever a respondent has been arrested for a
 
20 violation of section    -80 or    -81 and submits to a test that
 
21 establishes:  the respondent's alcohol concentration was .08 or
 
22 more; a drug content in the respondent's blood or urine; or a
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 respondent, under the age of twenty-one, had consumed a
 
 2 measurable amount of alcohol; or whenever a respondent has been
 
 3 involved in a collision resulting in injury or death and a blood
 
 4 or urine test performed pursuant to section    -21 establishes
 
 5 that the respondent's alcohol concentration was .08 or more or
 
 6 establishes the respondent's drug content, the following shall be
 
 7 forwarded immediately to the director:
 
 8      (1)  A copy of the arrest report or the report of the
 
 9           officer who issued the notice of administrative
 
10           revocation to the person involved in a collision
 
11           resulting in injury or death and the sworn statement of
 
12           the arresting law enforcement officer or the officer
 
13           who issued the notice of administrative revocation,
 
14           stating facts that establish that:
 
15           (A)  There was reasonable suspicion to stop the
 
16                vehicle, the vehicle was stopped at an intoxicant
 
17                control roadblock established and operated in
 
18                compliance with sections    -19 and    -20, or the
 
19                respondent was tested pursuant to section    -21;
 
20           (B)  There was probable cause to believe that the
 
21                respondent had been operating or in actual
 
22                physical control of the vehicle:
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                (i)  While under the influence of an intoxicant;
 
 2                     or
 
 3               (ii)  While under the age of twenty-one and after
 
 4                     consuming a measurable amount of alcohol;
 
 5           (C)  The respondent was informed of: the sanctions of
 
 6                this part; that criminal charges may be filed; and
 
 7                the consequences of refusing to be tested for
 
 8                alcohol concentration or drug content; and
 
 9           (D)  The respondent agreed to be tested or the person
 
10                was tested pursuant to section    -21;
 
11      (2)  In a case involving an alcohol related offense, the
 
12           sworn statement of the person responsible for
 
13           maintenance of the testing equipment, stating facts
 
14           that establish that, pursuant to section 321-161 and
 
15           rules adopted thereunder:
 
16           (A)  The equipment used to conduct the test was
 
17                approved for use as an alcohol testing device in
 
18                this State;
 
19           (B)  The person had been trained and at the time the
 
20                test was conducted was certified and capable of
 
21                maintaining the testing equipment; and
 
22           (C)  The testing equipment used had been properly
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                urine; and
 
 2           (D)  The person whose blood or urine was tested is the
 
 3                respondent;
 
 4      (6)  A copy of the notice of administrative revocation and
 
 5           the temporary permit issued to the respondent;
 
 6      (7)  Any driver's license taken into possession by the law
 
 7           enforcement officer; and
 
 8      (8)  A listing of any prior alcohol or drug enforcement
 
 9           contacts involving the respondent.
 
10      (b)  Whenever a respondent has been arrested for a violation
 
11 of section    -80 or    -81 and refuses to submit to a test to
 
12 determine alcohol concentration in the blood or drug content in
 
13 the blood or urine, the following shall be forwarded immediately
 
14 to the director:
 
15      (1)  A copy of the arrest report and the sworn statement of
 
16           the arresting law enforcement officer, stating facts
 
17           that establish that:
 
18           (A)  There was reasonable suspicion to stop the vehicle
 
19                or the vehicle was stopped at an intoxicant
 
20                control roadblock established and operated in
 
21                compliance with sections    -19 and    -20;
 
22           (B)  There was probable cause to believe that the
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                respondent had been operating or in actual
 
 2                physical control of the vehicle:
 
 3                (i)  While under the influence of an intoxicant;
 
 4                     or
 
 5               (ii)  While under the age of twenty-one and after
 
 6                     consuming a measurable amount of alcohol;
 
 7           (C)  The respondent was informed of: the sanctions of
 
 8                this part; the possibility that criminal charges
 
 9                may be filed; and the probable consequences of
 
10                refusing to be tested for concentration of alcohol
 
11                in the blood or drug content in the blood or
 
12                urine; and
 
13           (D)  The respondent refused to be tested;
 
14      (2)  A copy of the notice of administrative revocation and
 
15           the temporary permit issued to the respondent;
 
16      (3)  Any driver's license taken into possession; and
 
17      (4)  A listing of all alcohol and drug enforcement contacts
 
18           involving the respondent.
 
19      §   -37  Administrative review; procedures; decision.(a)
 
20 The director automatically shall review the issuance of a notice
 
21 of administrative revocation and shall issue a written decision
 
22 administratively revoking the license and privilege to operate a
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 vehicle or rescinding the notice of administrative revocation.
 
 2 The written decision shall be mailed to the respondent, or to the
 
 3 parent or guardian of the respondent if the respondent is under
 
 4 the age of eighteen, no later than:  eight days after the date
 
 5 the notice was issued in a case involving an alcohol related
 
 6 offense; or twenty-two days after the date the notice was issued
 
 7 in a case involving a drug related offense or an offense
 
 8 involving the combined use of alcohol and drugs.
 
 9      (b)  The respondent shall have the opportunity to
 
10 demonstrate in writing why the respondent's license and privilege
 
11 to operate a vehicle should not be administratively revoked and,
 
12 within three days of receiving the notice of administrative
 
13 revocation, shall submit any written information, either by mail
 
14 or in person, to the director's office or to any office or
 
15 address designated by the director for that purpose.
 
16      (c)  In conducting the administrative review, the director
 
17 shall consider:
 
18      (1)  Any sworn or unsworn written statement or other written
 
19           evidence provided by the respondent;
 
20      (2)  The breath, blood, or urine test results, if any; and
 
21      (3)  The sworn statement of any law enforcement official or
 
22           other evidence or information required by section
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1              -36.
 
 2      (d)  The director shall administratively revoke the
 
 3 respondent's license and privilege to operate a vehicle if the
 
 4 director determines that:
 
 5      (1)  There existed reasonable suspicion to stop the vehicle,
 
 6           the vehicle was stopped at an intoxicant control
 
 7           roadblock established and operated in compliance with
 
 8           sections    -19 and    -20, or the person was tested
 
 9           pursuant to section    -21;
 
10      (2)  There existed probable cause to believe that the
 
11           respondent operated or was in actual physical control
 
12           of the vehicle:
 
13           (A)  While under the influence of an intoxicant; or
 
14           (B)  While under the age of twenty-one and after
 
15                consuming a measurable amount of alcohol; and
 
16      (3)  The evidence proves by a preponderance that:
 
17           (A)  The respondent operated or was in actual physical
 
18                control of the vehicle:
 
19                (i)  While under the influence of an intoxicant;
 
20                     or
 
21               (ii)  While under the age of twenty-one and after
 
22                     consuming a measurable amount of alcohol; or
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

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

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

 
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 1                control of the vehicle:
 
 2                (i)  While under the influence of an intoxicant;
 
 3                     or
 
 4               (ii)  While under the age of twenty-one and after
 
 5                     consuming a measurable amount of alcohol; or
 
 6           (B)  The respondent operated or was in actual physical
 
 7                control of the vehicle and, after being informed
 
 8                of the sanctions of this part, refused to submit
 
 9                to a breath, blood, or urine test.
 
10      (f)  The respondent's prior alcohol and drug enforcement
 
11 contacts shall be entered into evidence.
 
12      (g)  The sworn statements provided in section    -36 shall
 
13 be admitted into evidence.  Upon notice to the director, no later
 
14 than five days prior to the hearing, that the respondent wishes
 
15 to examine a law enforcement official who made a sworn statement,
 
16 the director shall issue a subpoena for the official to appear at
 
17 the hearing.  If the official cannot appear, the official, at the
 
18 discretion of the director, may testify by telephone.
 
19      (h)  The hearing shall be recorded in a manner to be
 
20 determined by the director.
 
21      (i)  The director's decision shall be rendered in writing
 
22 and mailed to the respondent, or to the parent or guardian of the
 

 
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 1 respondent if the respondent is under the age of eighteen, no
 
 2 later than five days after the hearing.  If the decision is to
 
 3 reverse the administrative revocation, the director shall return
 
 4 the respondent's license and any fees collected from the
 
 5 respondent under this part, along with a certified statement that
 
 6 administrative revocation proceedings have been terminated.  If
 
 7 the decision sustains the administrative revocation, the director
 
 8 shall mail to the respondent a written decision indicating the
 
 9 duration of the administrative revocation and any other
 
10 conditions or restrictions as may be imposed pursuant to section
 
11    -41.
 
12      (j)  For good cause shown, the director may grant a
 
13 continuance either of the commencement of the hearing or of a
 
14 hearing that has already commenced.  If a continuance is granted
 
15 at the request of the director, the director shall extend the
 
16 validity of the temporary permit for a period not to exceed the
 
17 period of the continuance.  If a continuance is granted at the
 
18 request of the respondent, the director shall not extend the
 
19 validity of the temporary permit.  For purposes of this section,
 
20 a continuance means a delay in the commencement of the hearing or
 
21 an interruption of a hearing that has commenced, other than for
 
22 recesses during the day or at the end of the day or week.
 

 
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 1      (k)  If the respondent fails to appear at the hearing, or if
 
 2 an respondent under the age of eighteen fails to appear with a
 
 3 parent or guardian, administrative revocation shall take effect
 
 4 for the period and under the conditions established by the
 
 5 director in the administrative review decision issued by the
 
 6 director under section     -37.
 
 7      §   -39  Fees and costs.  The director shall be authorized
 
 8 to assess and collect a $15 fee from the respondent to cover the
 
 9 costs of processing the respondent's request for an
 
10 administrative hearing.  These costs include but are not limited
 
11 to the cost of photocopying documents, the issuance of subpoenas,
 
12 conditional permits, and relicensing forms, interpreter services,
 
13 law enforcement official mileage fees, and other similar costs.
 
14 The director may waive the fee in the case of an indigent
 
15 respondent, upon an appropriate inquiry into the financial
 
16 circumstances of the person seeking the waiver and an affidavit
 
17 or a certificate signed by the person demonstrating the person's
 
18 financial inability to pay the fee.
 
19      §   -40  Judicial review; procedure.  (a)  If the director
 
20 sustains the administrative revocation after an administrative
 
21 hearing, the respondent, or parent or guardian of an respondent
 
22 under the age of eighteen, may file a petition for judicial
 

 
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 1 review within thirty days after the administrative hearing
 
 2 decision is mailed.  The petition shall be filed with the clerk
 
 3 of the district court in the district in which the incident
 
 4 occurred and shall be accompanied by the required filing fee for
 
 5 civil actions.  The filing of the petition shall not operate as a
 
 6 stay of the administrative revocation, nor shall the court stay
 
 7 the administrative revocation pending the outcome of the judicial
 
 8 review.  The petition shall be appropriately captioned.  The
 
 9 petition shall state with specificity the grounds upon which the
 
10 petitioner seeks reversal of the administrative revocation.
 
11      (b)  The court shall schedule the judicial review as quickly
 
12 as practicable, and the review shall be on the record of the
 
13 administrative hearing without taking of additional testimony or
 
14 evidence.  If the petitioner fails to appear without just cause
 
15 or, in the case of a petitioner under the age of eighteen, the
 
16 petitioner fails to appear with a parent or guardian, the court
 
17 shall affirm the administrative revocation.
 
18      (c)  The sole issues before the court shall be whether the
 
19 director:
 
20      (1)  Exceeded constitutional or statutory authority;
 
21      (2)  Erroneously interpreted the law;
 
22      (3)  Acted in an arbitrary or capricious manner;
 

 
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 1      (4)  Committed an abuse of discretion; or
 
 2      (5)  Made a determination that was unsupported by the
 
 3           evidence in the record.
 
 4      (d)  The court shall not remand the matter back to the
 
 5 director for further proceedings consistent with its order.
 
 6      §   -41  Effective date and period of administrative
 
 7 revocation; criteria.  (a)  Unless an administrative revocation
 
 8 is reversed or the temporary permit is extended by the director,
 
 9 administrative revocation shall become effective on the day
 
10 specified in the notice of administrative revocation.  Except as
 
11 provided in section    -44, no license and privilege to operate a
 
12 vehicle shall be restored under any circumstances and no
 
13 conditional permit shall be issued during the administrative
 
14 revocation period.
 
15      (b)  The periods of administrative revocation that shall be
 
16 imposed under this part are as follows:
 
17      (1)  Three months, if the respondent's record shows no prior
 
18           alcohol or drug enforcement contacts during the five
 
19           years preceding the date the notice of administrative
 
20           revocation was issued; or six months, if the respondent
 
21           is under the age of twenty-one;
 
22      (2)  One year, if the respondent's record shows one prior
 

 
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 1           alcohol or drug enforcement contact during the five
 
 2           years preceding the date the notice of administrative
 
 3           revocation was issued;
 
 4      (3)  Two years, if the respondent's record shows two prior
 
 5           alcohol or drug enforcement contacts during the seven
 
 6           years preceding the date the notice of administrative
 
 7           revocation was issued;
 
 8      (4)  For life, if the respondent's record shows three or
 
 9           more prior alcohol or drug enforcement contacts during
 
10           the ten years preceding the date the notice of
 
11           administrative revocation was issued; or
 
12      (5)  For respondents under the age of eighteen years, either
 
13           for the period remaining until the respondent's
 
14           eighteenth birthday or for the appropriate revocation
 
15           period provided in paragraphs (1) to (4) or in
 
16           subsection (c), if applicable, whichever is longer.
 
17      (c)  If a respondent has refused to be tested after being
 
18 informed of the sanctions of this part, the revocation imposed
 
19 under subsection (b)(1), (2), and (3) shall be for a period of
 
20 one year, two years, and four years, respectively.
 
21      (d)  Whenever a license and privilege to operate a vehicle
 
22 is administratively revoked under this part, the respondent shall
 

 
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 1 be referred to a certified substance abuse counselor for an
 
 2 assessment of the respondent's alcohol or drug abuse or
 
 3 dependence and the need for treatment.  The counselor shall
 
 4 submit a report with recommendations to the director.  If the
 
 5 counselor's assessment establishes that the extent of the
 
 6 respondent's alcohol or drug abuse or dependence warrants
 
 7 treatment, the director may so order.  Whenever the license and
 
 8 privilege to operate a vehicle of a respondent under the age of
 
 9 twenty-one is revoked for operating a vehicle after consuming a
 
10 measurable amount of alcohol, the respondent shall attend a
 
11 youthful offender alcohol abuse education and counseling program
 
12 for not more than ten hours.  If the respondent is under the age
 
13 of eighteen, the respondent's parent or guardian also shall
 
14 attend the program.  All costs for assessment and treatment shall
 
15 be paid by the respondent.
 
16      (e)  Alcohol and drug enforcement contacts that occurred
 
17 prior to the effective date of this Act shall be counted in
 
18 determining the administrative revocation period.
 
19      (f)  The requirement to provide proof of financial
 
20 responsibility pursuant to section 287-20 shall not be based upon
 
21 a revocation under this part, unless the person's license has
 
22 been revoked previously under this part during the five-year
 

 
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 1 period immediately preceding the revocation at issue.
 
 2      §   -42  Notice to other states.  When a nonresident's
 
 3 driving and boating privileges are administratively revoked under
 
 4 this part, the director shall:
 
 5      (1)  Notify, in writing, the officials in charge of traffic
 
 6           control, boating control, or public safety in the
 
 7           nonresident's home state, and in any other state in
 
 8           which the nonresident has driving and boating
 
 9           privileges, of the action taken in this State; and
 
10      (2)  Return to the appropriate issuing authority in the
 
11           other states any license seized under section    -33.
 
12      §   -43  Administrative procedure act.  Neither the
 
13 administrative review nor the administrative hearing provided
 
14 under this part shall be subject to the contested case
 
15 requirements of chapter 91.  The availability of administrative
 
16 review of an order of administrative revocation shall have no
 
17 effect upon the availability of judicial review under this part.
 
18      §   -44  Conditional permits.  (a)  If a respondent subject
 
19 to administrative revocation under this part submitted to a
 
20 breath, blood, or urine test and has had no prior alcohol or drug
 
21 enforcement contacts during the five years preceding the date the
 
22 notice of administrative revocation was issued, the director, at
 

 
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 1 the request of the respondent at the administrative hearing, may
 
 2 issue a conditional permit allowing the respondent to drive,
 
 3 after a minimum period of absolute license revocation of thirty
 
 4 days, if one or more of the following conditions are met:
 
 5      (1)  The respondent is gainfully employed in a position that
 
 6           requires driving and will be discharged if the
 
 7           respondent's driving privileges are administratively
 
 8           revoked; or
 
 9      (2)  The respondent has no access to alternative
 
10           transportation and therefore must drive to work or to a
 
11           substance abuse treatment facility or counselor for
 
12           treatment ordered by the director under section    -41.
 
13      (b)  A request made pursuant to subsection (a)(1) shall be
 
14 accompanied by:
 
15      (1)  A sworn statement from the respondent containing facts
 
16           establishing the respondent's current employment in a
 
17           position that requires driving and that the respondent
 
18           will be discharged if not allowed to drive; and
 
19      (2)  A sworn statement from the respondent's employer
 
20           establishing that the employer will in fact discharge
 
21           the respondent if the respondent is prohibited from
 
22           driving.
 

 
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 1      (c)  A request made pursuant to subsection (a)(2) shall be
 
 2 accompanied by a sworn statement by the respondent attesting to
 
 3 the specific facts upon which the request is based, which
 
 4 statement shall be verified by the director.
 
 5      (d)  A conditional permit may include restrictions allowing
 
 6 the respondent to drive: 
 
 7      (1)  Only during hours of employment for activities solely
 
 8           within the scope of the employment;
 
 9      (2)  Only during daylight hours; or
 
10      (3)  Only for specified purposes or to specified
 
11           destinations.
 
12 In addition, the director may impose any other appropriate
 
13 restrictions, including installation of an ignition interlock
 
14 system.
 
15      (e)  The duration of the conditional permit shall be
 
16 determined on the basis of the criteria set forth in subsections
 
17 (b) and (c).
 
18      (f)  If the respondent violates the conditions imposed under
 
19 this section, the conditional permit shall be rescinded and
 
20 administrative revocation shall be immediate for the appropriate
 
21 period authorized by law.
 
22                   PART IV.  PROHIBITED CONDUCT
 

 
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 1      §   -81  Operating a vehicle under the influence of an
 
 2 intoxicant.(a)  A person commits the offense of operating a
 
 3 vehicle under the influence of an intoxicant if the person, while
 
 4 under the influence of an intoxicant, intentionally, knowingly,
 
 5 or recklessly operates or assumes actual physical control of the
 
 6 operation of any vehicle.  The state of mind under this
 
 7 subsection shall apply only to the element of operating or
 
 8 assuming control of a vehicle.
 
 9      (b)  Operating a vehicle under the influence of an
 
10 intoxicant may be established by any of the following methods of
 
11 proof:
 
12      (1)  The person operates or assumes actual physical control
 
13           of the operation of any vehicle while under the
 
14           influence of an intoxicant within the meaning of
 
15           section    -1;
 
16      (2)  The person operates or assumes actual physical control
 
17           of the operation of any vehicle with .08 or more grams
 
18           of alcohol per two hundred ten liters of breath; or
 
19      (3)  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.
 

 
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 1      (c)  A person committing the offense of driving under the
 
 2 influence of an intoxicant shall be sentenced as follows without
 
 3 possibility of probation or suspension of sentence:
 
 4      (1)  For the first offense, or any offense not preceded
 
 5           within a five-year period by an offense under this
 
 6           section or section    -4(a):
 
 7           (A)  A fourteen-hour minimum alcohol or drug abuse
 
 8                rehabilitation program, or both, including
 
 9                education and counseling, or other comparable
 
10                program deemed appropriate by the court; and
 
11           (B)  Ninety-day prompt revocation of license and
 
12                privilege to operate a vehicle with absolute
 
13                prohibition from operating a vehicle during the
 
14                revocation period, or the court may impose, in
 
15                lieu of the ninety-day prompt revocation of
 
16                license, a minimum thirty-day prompt revocation of
 
17                license with absolute prohibition from operating a
 
18                vehicle and, for the remainder of the ninety-day
 
19                period, a restriction on the license that allows
 
20                the person to drive for limited work-related
 
21                purposes and to participate in alcohol or drug
 
22                treatment programs; and
 

 
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 1           (C)  Any one or more of the following:
 
 2                (i)  Seventy-two hours of community service work;
 
 3               (ii)  Not less than forty-eight hours and not more
 
 4                     than five days of imprisonment; or
 
 5              (iii)  A fine of not less than $150 but not more
 
 6                     than $1,000.
 
 7      (2)  For an offense that occurs within five years of a prior
 
 8           offense under this section or section    -4(a):
 
 9           (A)  Prompt revocation of license and privilege to
 
10                operate a vehicle for a period of one year with an
 
11                absolute prohibition from operating a vehicle
 
12                during the revocation period;
 
13           (B)  Either one of the following:
 
14                (i)  Not less than one hundred hours of community
 
15                     service work; or
 
16               (ii)  Not less than forty-eight consecutive hours
 
17                     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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 1           prior offenses under this section or section    -4(a):
 
 2           (A)  A fine of not less than $500 but not more than
 
 3                $2,500;
 
 4           (B)  Revocation of license and privilege to operate a
 
 5                vehicle for a period not less than one year but
 
 6                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      (4)  For an offense that occurs within ten years of three
 
11           prior offenses under this section or section    -4(a):
 
12           (A)  A fine of not less than $1,000 but not more than
 
13                $10,000;
 
14           (B)  Revocation of license and privilege to operate a
 
15                vehicle for a period not less than five years but
 
16                not more than ten years; and
 
17           (C)  Not less than six months but not more than five
 
18                years imprisonment.
 
19           This offense is a class C felony.
 
20      (5)  For an offense that occurs within ten years of five
 
21           prior offenses under this section or section    -4(a):
 
22           (A)  A fine of not less than $2,000 but not more than
 

 
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 1                $25,000;
 
 2           (B)  Revocation of license and privilege to operate a
 
 3                vehicle for life; and
 
 4           (C)  Not less than one year but not more than ten years
 
 5                imprisonment.
 
 6           This offense is a class B felony.
 
 7      (6)  For an offense that occurs within ten years of seven
 
 8           prior offenses under this section or section    -4(a):
 
 9           (A)  A fine of not less than $5,000 but not more than
 
10                $50,000;
 
11           (B)  Revocation of license and privilege to operate a
 
12                vehicle for life; and
 
13           (C)  Not less than two years but not more than twenty
 
14                years imprisonment.
 
15           This offense is a class A felony.
 
16      (7)  For an offense that occurs within ten years of eight or
 
17           more prior offenses under this section or section
 
18              -4(a):
 
19           (A)  A fine of not less than $10,000 but not more than
 
20                $50,000;
 
21           (B)  Revocation of license and privilege to operate a
 
22                vehicle for life; and
 

 
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 1           (C)  Not less than five years but not more than twenty
 
 2                years imprisonment.
 
 3           This offense is a class A felony.
 
 4      Notwithstanding any other law to the contrary, any offense
 
 5 of operating a vehicle under the influence of intoxicating
 
 6 liquor, drugs, or the combined influence of liquor and drugs
 
 7 shall be considered a prior offense.  No license and privilege
 
 8 revocation shall be imposed pursuant to this subsection if the
 
 9 person's license and privilege to operate a vehicle has
 
10 previously been administratively revoked pursuant to part III for
 
11 the same offense; provided that, if the administrative revocation
 
12 is subsequently reversed, the person's license and privilege to
 
13 operate a vehicle shall be 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 or drug abuse or dependence and the need for appropriate
 
20 treatment.  The counselor shall submit a report with
 
21 recommendations to the court.  The court may require the offender
 
22 to obtain appropriate treatment if the counselor's assessment
 

 
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 1 establishes the offender's alcohol or drug abuse or dependence.
 
 2 All cost for assessment or treatment or both shall be borne by
 
 3 the offender.
 
 4      (e)  Notwithstanding any other law to the contrary, whenever
 
 5 a court revokes a person's driver's license pursuant to this
 
 6 section, the examiner of drivers shall not grant to the person an
 
 7 application for a new driver's license for a period to be
 
 8 determined by the court.
 
 9      (f)  Any person sentenced under this section may be ordered
 
10 to reimburse the county for the cost of any blood or urine tests
 
11 conducted pursuant to section    -11.  The court shall order the
 
12 person to make restitution in a lump sum, or in a series of
 
13 prorated installments, to the police department, or other agency
 
14 incurring the expense of the blood or urine test.
 
15      (g)  The requirement to provide proof of financial
 
16 responsibility pursuant to section 287-20 shall not be based upon
 
17 a sentence imposed under subsection (c)(1).
 
18      (h)  As used in this section, the term "examiner of drivers"
 
19 shall have the same meaning as provided in section 286-2.
 
20      §   -82  Operating a vehicle after license and privilege
 
21 have been suspended or revoked for operating a vehicle under the
 
22 influence of an intoxicant; penalties.  (a)  No person whose
 

 
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 1 license and privilege to operate a vehicle has been revoked,
 
 2 suspended, or otherwise restricted pursuant to part III or
 
 3 section    -81, or to part VII or part XIV of chapter 286 or
 
 4 section 291-4, 291-7, or 200-81, as those provisions were in
 
 5 effect on June 30, 2000, shall operate or assume actual physical
 
 6 control of the operation of any vehicle in the State or on or in
 
 7 the waters of the State:
 
 8      (1)  In violation of any restrictions placed on the person's
 
 9           license; 
 
10      (2)  While the person's license remains suspended or
 
11           revoked; or
 
12      (3)  While the person's privilege to operate a vehicle has
 
13           been revoked.
 
14      (b)  Any person convicted of violating this section shall be
 
15 sentenced as follows:
 
16      (1)  For a first offense, or any offense not preceded within
 
17           a five-year period by an offense under this section:
 
18           (A)  A term of imprisonment of not less than three
 
19                consecutive days but not more than thirty days;
 
20           (B)  A fine of not less than $250 but not more than
 
21                $1,000; and
 
22           (C)  Revocation of license and privilege to operate a
 

 
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 1                vehicle for an additional year;
 
 2      (2)  For an offense that occurs within five years of a prior
 
 3           offense under this section:
 
 4           (A)  Thirty days imprisonment;
 
 5           (B)  A $1,000 fine; and
 
 6           (C)  Revocation of license and privilege to operate a
 
 7                vehicle for an additional two years; and
 
 8      (3)  For an offense that occurs within five years of two or
 
 9           more prior offenses under this section:
 
10           (A)  One year imprisonment;
 
11           (B)  A $2,000 fine; and
 
12           (C)  Permanent revocation of the person's license and
 
13                privilege to operate a vehicle.
 
14 The period of revocation shall commence upon the release of the
 
15 person from the period of imprisonment imposed pursuant to this
 
16 section.
 
17      §   -83  Operating a vehicle after consuming a measurable
 
18 amount of alcohol; under the age of twenty-one.(a)  No person
 
19 under the age of twenty-one shall operate or be in actual
 
20 physical control of the operation of a vehicle after consuming a
 
21 measurable amount of alcohol.
 
22      (b)  When a law enforcement officer has probable cause to
 

 
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 1 believe that a person under the age of twenty-one operated or was
 
 2 in actual physical control of the operation of a vehicle after
 
 3 consuming a measurable amount of alcohol, that officer may arrest
 
 4 the person for purposes of imposing sanctions under part III."
 
 5      SECTION 3.  Section 199-3, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  The conservation and resources enforcement officers,
 
 8 with respect to all state lands, including public lands, state
 
 9 parks, forest reserves, forests, aquatic life and wildlife areas,
 
10 Kaho`olawe island reserve, and any other lands and waters subject
 
11 to the jurisdiction of the department of land and natural
 
12 resources, shall:
 
13      (1)  Enforce title 12, chapters 6E and 6K, and rules adopted
 
14           thereunder;
 
15      (2)  Investigate complaints, gather evidence, conduct
 
16           investigations, and conduct field observations and
 
17           inspections as required or assigned;
 
18      (3)  Cooperate with enforcement authorities of the State,
 
19           counties, and federal government in development of
 
20           programs and mutual agreements for conservation and
 
21           resources enforcement activities within the State;
 
22      (4)  Cooperate with established search and rescue agencies
 

 
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 1           of the counties and the federal government in
 
 2           developing plans and programs[,] and mutual aid
 
 3           agreements for search and rescue activities within the
 
 4           State;
 
 5      (5)  Check and verify all leases, permits, and licenses
 
 6           issued by the department of land and natural resources;
 
 7      (6)  Enforce the laws relating to firearms, ammunition, and
 
 8           dangerous weapons contained in chapter 134;
 
 9      (7)  Enforce the laws in chapter     relating to operating a
 
10           vessel on or in the waters of the State while using
 
11           intoxicants;
 
12     [(7)] (8)  Whether through a specifically designated marine
 
13           patrol or otherwise, enforce the rules in the areas of
 
14           boating safety, conservation, and search and rescue
 
15           relative to the control and management of boating
 
16           facilities owned or controlled by the State, ocean
 
17           waters, and navigable streams and any activities
 
18           thereon or therein, and beaches encumbered with
 
19           easements in favor of the public, and the rules
 
20           regulating vessels and their use in the waters of the
 
21           State; and
 
22     [(8)] (9)  Carry out [such] other duties and responsibilities
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           as the board of land and natural resources from time to
 
 2           time may direct."
 
 3      SECTION 4.  Section 287-20, Hawaii Revised Statutes, is
 
 4 amended by amending subsections (a) and (b) to read as follows:
 
 5      "(a)  Whenever a driver's license has been suspended or
 
 6 revoked:
 
 7      (1)  Pursuant to [section 286-151.5 or part XIV of chapter
 
 8           286,] part III of chapter    , except as provided in
 
 9           section [291-4(f);]    -81(g);
 
10      (2)  Upon a conviction of any offense pursuant to law; or
 
11      (3)  In the case of minors, pursuant to part V of chapter
 
12           571,
 
13 the license shall not at any time thereafter be issued to the
 
14 person whose license has been suspended or revoked, nor shall the
 
15 person thereafter operate a motor vehicle, unless and until the
 
16 person has furnished and thereafter maintains proof of financial
 
17 responsibility; provided that this section shall not apply to a
 
18 license [suspended] revoked for operating a vehicle while under
 
19 the age of twenty-one and after consuming a measurable amount of
 
20 alcohol pursuant to section [291-4.3(b)(1),]    -41(b)(1), any
 
21 conviction of a moving violation, any administrative license
 
22 suspension pursuant to chapter 291A, or the first conviction
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           first conviction of driving without a motor vehicle
 
 2           insurance policy;
 
 3      (2)  Conviction or adjudication under part V of chapter 571
 
 4           by reason of any moving violation offense involving a
 
 5           motor vehicle if the motor vehicle is in any manner
 
 6           involved in an accident in which any person is killed
 
 7           or injured, or in which damage to property results to
 
 8           an apparent extent in excess of $3,000 and there are
 
 9           reasonable grounds for the administrator to believe
 
10           that the defendant is at fault; and
 
11      (3)  Driving without a valid motor vehicle insurance policy
 
12           if the conviction occurs within a five-year period from
 
13           any prior conviction."
 
14      SECTION 5.  Section 663-1.9, Hawaii Revised Statutes, is
 
15 amended by amending subsections (a), (b), and (c) to read as
 
16 follows:
 
17      "(a)  Any health care provider who, in good faith in
 
18 compliance with section 286-163, provides notice concerning the
 
19 alcohol concentration of a person's blood or drug content of a
 
20 person's blood or urine shall be immune from any civil liability
 
21 in any action based upon the compliance.  The health care
 
22 provider shall also be immune from any civil liability for
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 without possibility of probation or suspension of sentence:
 
 2      (1)  For the first offense, or any offense not preceded
 
 3           within a five-year period by a conviction under this
 
 4           section, by:
 
 5           (A)  A fourteen-hour minimum alcohol abuse
 
 6                rehabilitation program including education and
 
 7                counseling, or other comparable program deemed
 
 8                appropriate by the court; and
 
 9           (B)  Ninety-day prompt suspension of license with
 
10                absolute prohibition from operating a motor
 
11                vehicle during suspension of license, or the court
 
12                may impose, in lieu of the ninety-day prompt
 
13                suspension of license, a minimum thirty-day prompt
 
14                suspension of license with absolute prohibition
 
15                from operating a motor vehicle and, for the
 
16                remainder of the ninety-day period, a restriction
 
17                on the license that allows the person to drive for
 
18                limited work-related purposes and to participate
 
19                in alcoholism treatment programs; and
 
20           (C)  Any one or more of the following:
 
21                (i)  Seventy-two hours of community service work;
 
22               (ii)  Not less than forty-eight hours and not more
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 to obtain appropriate treatment if the counselor's assessment
 
 2 establishes the offender's alcohol abuse or dependence.
 
 3      All cost for assessment or treatment or both shall be borne
 
 4 by the offender.
 
 5      (d)  Notwithstanding any other law to the contrary, whenever
 
 6 a court revokes a person's driver's license pursuant to the
 
 7 provisions of this section, the examiner of drivers shall not
 
 8 grant to the person an application for a new driver's license for
 
 9 a period to be determined by the court.
 
10      (e)  Any person sentenced under this section may be ordered
 
11 to reimburse the county for the cost of any blood tests conducted
 
12 under section 286-152.  The court shall order the person to make
 
13 restitution in a lump sum, or in a series of prorated
 
14 installments, to the police department, or other agency incurring
 
15 the expense of the blood test.
 
16      (f)  The requirement to provide proof of financial
 
17 responsibility pursuant to section 287-20 shall not be based upon
 
18 a revocation under part XIV of chapter 286 unless the person's
 
19 license had been previously revoked under that part in the five-
 
20 year period immediately preceding the revocation at issue, nor
 
21 shall the requirement to provide proof of financial
 
22 responsibility pursuant to section 287-20 be based upon a
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 sentence imposed under subsection (b)(1).
 
 2      (g)  As used in this section the terms "driver", "driver's
 
 3 license", and "examiner of drivers", shall have the same meanings
 
 4 as provided in section 286-2 and the term "vehicle" shall have
 
 5 the same meaning as provided in section 291C-1."]
 
 6      SECTION 10.  Section 291-4.3, Hawaii Revised Statutes, is
 
 7 repealed.
 
 8      ["[§291-4.3]  Driving after consuming a measurable amount of
 
 9 alcohol; persons under the age of twenty-one.  (a)  It shall be
 
10 unlawful for any person under the age of twenty-one years to
 
11 drive, operate, or assume actual physical control of the
 
12 operation of any vehicle with a measurable amount of alcohol
 
13 concentration.  A law enforcement officer may arrest a person
 
14 under this section when the officer has probable cause to believe
 
15 the arrested person is under the age of twenty-one and had been
 
16 driving or was in actual physical control of a motor vehicle or
 
17 moped upon the public highways with a measurable amount of
 
18 alcohol.  For purposes of this section, "measurable amount of
 
19 alcohol" means a test result equal to or greater than .02 but
 
20 less than .08 grams of alcohol per one hundred milliliters or
 
21 cubic centimeters of blood or equal to or greater than .02 but
 
22 less than .08 grams of alcohol per two hundred ten liters of
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 breath.
 
 2      (b)  A person who violates this section shall be sentenced
 
 3 as follows:
 
 4      (1)  For a first violation or any violation not preceded
 
 5           within a five-year period by a prior alcohol
 
 6           enforcement contact:
 
 7           (A)  The court shall impose:
 
 8                (i)  A requirement that the person and, if the
 
 9                     person is under the age of eighteen, the
 
10                     person's parent or guardian attend an alcohol
 
11                     abuse education and counseling program for
 
12                     not more than ten hours; and
 
13               (ii)  One hundred eighty-day prompt suspension of
 
14                     license with absolute prohibition from
 
15                     operating a motor vehicle during suspension
 
16                     of license, or in the case of a person
 
17                     eighteen years of age or older, the court may
 
18                     impose, in lieu of the one hundred eighty-day
 
19                     prompt suspension of license, a minimum
 
20                     thirty-day prompt suspension of license with
 
21                     absolute prohibition from operating a motor
 
22                     vehicle and, for the remainder of the one
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                     hundred eighty-day period, a restriction on
 
 2                     the license that allows the person to drive
 
 3                     for limited work-related purposes and to
 
 4                     participate in alcohol abuse education and
 
 5                     treatment programs; and
 
 6           (B)  In addition, the court may impose any one or more
 
 7                of the following:
 
 8                (i)  Not more than thirty-six hours of community
 
 9                     service work; or
 
10               (ii)  A fine of not less than $150 but not more
 
11                     than $500.
 
12      (2)  For a violation that occurs within five years of a
 
13           prior alcohol enforcement contact:
 
14           (A)  The court shall impose prompt suspension of
 
15                license for a period of one year with the absolute
 
16                prohibition from operating a motor vehicle during
 
17                suspension of license; and
 
18           (B)  In addition, the court may impose any of the
 
19                following:
 
20                (i)  Not more than fifty hours of community
 
21                     service work; or
 
22               (ii)  A fine of not less than $300 but not more
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                     than $1,000.
 
 2      (3)  For a violation that occurs within five years of two
 
 3           prior alcohol enforcement contacts:
 
 4           (A)  The court shall impose revocation of license for a
 
 5                period of two years; and
 
 6           (B)  In addition, the court may impose any of the
 
 7                following:
 
 8                (i)  Not more than one hundred hours of community
 
 9                     service work; or
 
10               (ii)  A fine of not less than $300 but not more
 
11                     than $1,000.
 
12      (4)  Notwithstanding any other law to the contrary, any
 
13           conviction or plea under this section shall be
 
14           considered a prior alcohol enforcement contact.
 
15      (c)  Whenever a court sentences a person pursuant to
 
16 subsection (b)(2) or (3), it also shall require that the person
 
17 be referred to a substance abuse counselor who has been certified
 
18 pursuant to section 321-193 for an assessment of the person'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 person
 
22 to obtain appropriate treatment if the counselor's assessment
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 establishes the person's alcohol abuse or dependence.  All costs
 
 2 for assessment or treatment or both shall be borne by the person
 
 3 or by the person's parent or guardian, if the person is under the
 
 4 age of eighteen.
 
 5      (d)  Notwithstanding section 831-3.2 or any other law to the
 
 6 contrary, a person convicted of a first-time violation under
 
 7 subsection (b)(1), who had no prior alcohol enforcement contacts,
 
 8 may apply to the court for an expungement order upon attaining
 
 9 the age of twenty-one, or thereafter, if the person has fulfilled
 
10 the terms of the sentence imposed by the court and has had no
 
11 subsequent alcohol or drug-related enforcement contacts.
 
12      (e)  Notwithstanding any other law to the contrary, whenever
 
13 a court revokes a person's driver's license pursuant to this
 
14 section, the examiner of drivers shall not grant to the person an
 
15 application for a new driver's license for a period to be
 
16 determined by the court.
 
17      (f)  Any person sentenced under this section may be ordered
 
18 to reimburse the county for the cost of any blood tests conducted
 
19 pursuant to section 286-152.  The court shall order the person to
 
20 make restitution in a lump sum, or in a series of prorated
 
21 installments, to the police department or other agency incurring
 
22 the expense of the blood test.
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (g)  The requirement to provide proof of financial
 
 2 responsibility pursuant to section 287-20 shall not be based upon
 
 3 a sentence imposed under subsection (b)(1).
 
 4      (h)  Any person who violates this section shall be guilty of
 
 5 a violation.
 
 6      (i)  As used in this section, the terms "driver", "driver's
 
 7 license", and "examiner of drivers", shall have the same meanings
 
 8 as provided in section 286-2, the term "alcohol enforcement
 
 9 contact" shall have the same meaning as in section 286-251, and
 
10 the term "vehicle" shall have the same meaning as provided in
 
11 section 291C-1."]
 
12      SECTION 11.  Section 291-4.4. Hawaii Revised Statutes, is
 
13 repealed.
 
14      ["[§291-4.4]  Habitually driving under the influence of
 
15 intoxicating liquor or drugs.(a)  A person commits the offense
 
16 of habitually driving under the influence of intoxicating liquor
 
17 or drugs if, during a ten-year period the person has been
 
18 convicted three or more times for a driving under the influence
 
19 offense; and
 
20      (1)  The person operates or assumes actual physical control
 
21           of the operation of any vehicle while under the
 
22           influence of intoxicating liquor, meaning that the
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 liquor or drugs is a class C felony."]
 
 2      SECTION 12.  Section 291-4.5, Hawaii Revised Statutes, is
 
 3 repealed.
 
 4      ["§291-4.5  Driving after license suspended or revoked for
 
 5 driving under the influence of intoxicating liquor; penalties.
 
 6 (a)  No person whose driver's license has been revoked,
 
 7 suspended, or otherwise restricted pursuant to chapter 286 or
 
 8 section 291-4 or 291-7 shall operate a motor vehicle upon the
 
 9 highways of this State either while the person's license remains
 
10 suspended or revoked or in violation of the restrictions placed
 
11 on the person's license.  The period of suspension or revocation
 
12 shall commence upon the release of the person from the period of
 
13 imprisonment imposed pursuant to this section.
 
14      (b)  Any person convicted of violating this section shall be
 
15 sentenced as follows:
 
16      (1)  For a first offense, or any offense not preceded within
 
17           a five-year period by a conviction under this section:
 
18           (A)  A term of imprisonment at least three consecutive
 
19                days but not more than thirty days;
 
20           (B)  A fine not less than $250 but not more than
 
21                $1,000; and
 
22           (C)  License suspension or revocation for an additional
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                year;
 
 2      (2)  For an offense which occurs within five years of a
 
 3           prior conviction under this section:
 
 4           (A)  Thirty days imprisonment;
 
 5           (B)  A fine of $1,000; and
 
 6           (C)  License suspension or revocation for an additional
 
 7                two years; and
 
 8      (3)  For an offense that occurs within five years of two or
 
 9           more prior convictions under this section:
 
10           (A)  One year imprisonment;
 
11           (B)  A $2,000 fine; and
 
12           (C)  Permanent revocation of the person's license."]
 
13      SECTION 13.  Section 291-5, Hawaii Revised Statutes, is
 
14 repealed.
 
15      ["§291-5 Evidence of intoxication.(a)  In any criminal
 
16 prosecution for a violation of section 291-4, .08 or more grams
 
17 of alcohol per one hundred milliliters or cubic centimeters of
 
18 the defendant's blood or .08 or more grams of alcohol per two
 
19 hundred ten liters of the defendant's breath within three hours
 
20 after the time of the alleged violation as shown by chemical
 
21 analysis or other approved analytical techniques of the
 
22 defendant's blood or breath shall be competent evidence that the
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 defendant was under the influence of intoxicating liquor at the
 
 2 time of the alleged violation.
 
 3      (b)  In any criminal prosecution for a violation of section
 
 4 291-4, the amount of alcohol found in the defendant's blood or
 
 5 breath within three hours after the time of the alleged violation
 
 6 as shown by chemical analysis or other approved analytical
 
 7 techniques of the defendant's blood or breath shall be competent
 
 8 evidence that the defendant was under the influence of
 
 9 intoxicating liquor at the time of the alleged violation and
 
10 shall give rise to the following presumptions:
 
11      (1)  If there were .05 or less grams of alcohol per one
 
12           hundred milliliters or cubic centimeters of blood or
 
13           .05 or less grams of alcohol per two hundred ten liters
 
14           of defendant's breath, it shall be presumed that the
 
15           defendant was not under the influence of intoxicating
 
16           liquor at the time of the alleged violation; and
 
17      (2)  If there were in excess of .05 grams of alcohol per one
 
18           hundred milliliters or cubic centimeters of defendant's
 
19           blood or .05 grams of alcohol per two hundred ten
 
20           liters of defendant's breath, but less than .08 grams
 
21           of alcohol per one hundred milliliters or cubic
 
22           centimeters of defendant's blood or .08 grams of
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

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

 
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 1 transmit such proposed legislation to the legislature not later
 
 2 than twenty days prior to the convening of the regular session of
 
 3 2000.
 
 4      SECTION 18.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 19.  This Act shall take effect on July 1, 2000;
 
 7 provided that part IV shall be retroactive for all cases arising
 
 8 under section 291-7, Hawaii Revised Statutes, that are pending as
 
 9 of June 30, 2000, and for which trial has not yet commenced.
 

 
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