REPORT TITLE:
Admin. Rev. Driver


DESCRIPTION:
Incorporates zero tolerance provisions for persons under 21 into
the administrative driver's license revocation process.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2707
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ADMINISTRATIVE REVOCATION OF DRIVER'S LICENSE.
 


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

 1      SECTION 1.  Section 287-20, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  Whenever a driver's license has been suspended or
 
 4 revoked:
 
 5      (1)  Pursuant to [section 286-151.5 or] part XIV of chapter
 
 6           286, except as provided in section 291-4(f);
 
 7      (2)  Upon a conviction of any offense pursuant to law; or
 
 8      (3)  In the case of minors, pursuant to part V of chapter
 
 9           571,
 
10 the license shall not at any time thereafter be issued to the
 
11 person whose license has been suspended or revoked, nor shall the
 
12 person thereafter operate a motor vehicle, unless and until the
 
13 person has furnished and thereafter maintains proof of financial
 
14 responsibility; provided that this section shall not apply to a
 
15 person whose license has been suspended pursuant to section
 
16 [291-4.3(b)(1),] 286-261(b)(1) because of a violation of section
 
17 291-4.3, any conviction of a moving violation, any administrative
 
18 license suspension pursuant to chapter 291A, or the first
 

 
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 1 conviction within a five-year period for driving without a valid
 
 2 motor vehicle insurance policy."
 
 3      SECTION 2.  Section 286-151, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (b) to read as follows:
 
 5      "(b)  The test or tests shall be administered at the request
 
 6 of a police officer having probable cause to believe the person
 
 7 driving or in actual physical control of a motor vehicle or moped
 
 8 upon the public highways is under the influence of intoxicating
 
 9 liquor or drugs, or is under the age of twenty-one and has a
 
10 measurable amount of alcohol concentration, only after:
 
11      (1)  A lawful arrest; and
 
12      (2)  The person has been informed by a police officer of the
 
13           sanctions under part XIV [and sections 286-151.5] and
 
14           section 286-157.3."
 
15      SECTION 3.  Section 286-251, Hawaii Revised Statutes, is
 
16 amended by adding a new definition to be appropriately inserted
 
17 and to read as follows:
 
18      ""Measurable amount of alcohol" means a test result equal to
 
19 or greater than .02 but less than .08 grams of alcohol per one
 
20 hundred milliliters or cubic centimeters of blood or equal to or
 
21 greater than .02 but less than .08 grams of alcohol per two
 
22 hundred ten liters of breath."
 

 
 
 
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 1      SECTION 4.  Section 286-254, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By amending subsections (e) and (f) to read:
 
 4      "(e)  The notice shall state that if the arrestee's license
 
 5 is administratively revoked after the review, a decision shall be
 
 6 mailed to the arrestee [containing], or to the parent or guardian
 
 7 of the arrestee if the arrestee is a minor, that shall contain,
 
 8 at a minimum, the following information:
 
 9      (1)  The reasons why the arrestee's license was
 
10           administratively revoked;
 
11      (2)  That the arrestee may request the director, within six
 
12           days of the date the decision is mailed, to schedule an
 
13           administrative hearing to review the administrative
 
14           revocation;
 
15      (3)  That if the arrestee requests an administrative hearing
 
16           within six days, the hearing shall be scheduled to
 
17           commence no later than twenty-five days after the date
 
18           of arrest;
 
19      (4)  The procedure to request an administrative hearing;
 
20      (5)  That failure to request an administrative hearing
 
21           within the time provided shall cause the administrative
 
22           revocation to take effect for the period and under the
 

 
 
 
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 1           conditions established by the director in the decision;
 
 2      (6)  That the arrestee may regain the right to a hearing by
 
 3           requesting the director, within sixty days after the
 
 4           arrest, to schedule a hearing;
 
 5      (7)  That the director shall schedule the hearing to
 
 6           commence no later than thirty days after the request is
 
 7           made but that the temporary permit shall not, in any
 
 8           event, be extended if the arrestee fails to request an
 
 9           administrative hearing within the initial six-day
 
10           period provided for that purpose;
 
11      (8)  That failure to attend the hearing shall cause the
 
12           administrative revocation to take effect for the period
 
13           and under the conditions indicated; and
 
14      (9)  The duration of the administrative revocation and
 
15           other conditions [which] that may be imposed, including
 
16           alcohol counseling[,] and alcohol treatment[, and
 
17           installation of an ignition interlock system].
 
18      (f)  The notice shall provide, at a minimum, the following
 
19 information relating to administrative hearings:
 
20      (1)  That the arrestee shall have six days from the date the
 
21           review decision was mailed to request that an
 
22           administrative hearing be scheduled;
 

 
 
 
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 1      (2)  That a request for an administrative hearing shall
 
 2           entitle the arrestee to review and copy all documents
 
 3           considered at the review, including the arrest report
 
 4           and the sworn statements, prior to the hearing;
 
 5      (3)  That the arrestee may be represented by an attorney,
 
 6           submit evidence, give testimony, and present and cross-
 
 7           examine witnesses; [and]
 
 8      (4)  That, in cases where the arrestee is a minor, a parent
 
 9           or guardian must be present; and
 
10     [(4)] (5)  That a written decision shall be mailed no later
 
11           than five days after completion of the hearing."
 
12      2.  By amending subsections (h) and (i) to read:
 
13      "(h)  The notice shall state that if the administrative
 
14 revocation is sustained at the hearing, a decision shall be
 
15 mailed to the arrestee [containing], or to the parent or guardian
 
16 of the arrestee if the arrestee is a minor, that shall contain,
 
17 at a minimum, the following information:
 
18      (1)  The effective date of the administrative revocation;
 
19      (2)  The duration of the administrative revocation;
 
20      (3)  Other conditions [which] that may be imposed by law;
 
21           and
 
22      (4)  The right to obtain judicial review.
 

 
 
 
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 1      (i)  The notice shall state that failure of the arrestee,
 
 2 and of the parent or guardian of the arrestee if the arrestee is
 
 3 a minor, to attend a scheduled hearing[,] shall cause the
 
 4 administrative revocation to take effect as provided in the
 
 5 administrative review decision."
 
 6      SECTION 5.  Section 286-256, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§286-256  Immediate restoration of license.  If a test
 
 9 conducted in accordance with part VII and section 321-161 and the
 
10 rules adopted thereunder shows that [the arrestee's] an arrestee:
 
11      (1)  Who was twenty-one years or older at the time of the
 
12           arrest, had an alcohol concentration [was] less than
 
13           .08[,]; or
 
14      (2)  Who was under the age of twenty-one years at the time
 
15           of the arrest, had an alcohol concentration less than
 
16           .02,
 
17 the director or the arresting agency shall immediately return the
 
18 arrestee's license along with a certified statement that
 
19 administrative revocation proceedings have been terminated with
 
20 prejudice."
 
21      SECTION 6.  Section 286-255, Hawaii Revised Statutes, is
 
22 amended by amending subsection (a) to read as follows:
 

 
 
 
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 1      "(a)  Whenever a person is arrested for a violation of
 
 2 section 291-4, 291-4.3, or 291-4.4, on a determination by the
 
 3 arresting officer that:
 
 4      (1)  There was reasonable suspicion to stop the motor
 
 5           vehicle, or that the motor vehicle was stopped at an
 
 6           intoxication and drug control roadblock established and
 
 7           operated in compliance with sections 286-162.5 and
 
 8           286-162.6; and
 
 9      (2)  There was probable cause to believe that the arrestee
 
10           was driving, operating, or in actual physical control
 
11           of the motor vehicle while [under]:
 
12           (A)  Under the influence of intoxicating liquor; or
 
13           (B)  Under the age of twenty one and after consuming a
 
14                measurable amount of alcohol;
 
15 the arresting officer immediately shall take possession of any
 
16 license held by the person and request the arrestee to take a
 
17 test for concentration of alcohol in the blood.  The arresting
 
18 officer shall inform the person that the person has the option to
 
19 take a breath test, a blood test, or both.  The arresting officer
 
20 also shall inform the person of the sanctions under this part,
 
21 including the sanction for refusing to take a breath or a blood
 
22 test.  Thereafter, the arresting officer shall complete and issue
 

 
 
 
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 1 to the arrestee a notice of administrative revocation and shall
 
 2 indicate thereon whether the notice shall serve as a temporary
 
 3 permit.  The notice shall serve as a temporary permit, unless, at
 
 4 the time of arrest, the arrestee was unlicensed, the arrestee's
 
 5 license was revoked or suspended, or the arrestee had no license
 
 6 in the arrestee's possession."
 
 7      SECTION 7.  Section 286-257, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§286-257  Sworn statements of law enforcement officials.
 
10 (a)  Whenever a person:  is arrested for a violation of section
 
11 291-4, 291-4.3, or 291-4.4 and submits to a test that establishes
 
12 that the arrestee's alcohol concentration was .08 or more[;] or
 
13 that an arrestee under the age of twenty one had consumed a
 
14 measurable amount of alcohol; or has been involved in a collision
 
15 resulting in injury or death and a blood test performed pursuant
 
16 to section 286-163 establishes that the person's alcohol
 
17 concentration was .08 or more, the following shall be immediately
 
18 forwarded to the director:
 
19      (1)  A copy of the arrest report or the report of the
 
20           officer who issued the notice of administrative
 
21           revocation to the person involved in a collision
 
22           resulting in injury or death and the sworn statement of
 

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

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

 
 
 
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 1           (C)  The equipment used to conduct the test functioned
 
 2                in accordance with operating procedures and
 
 3                indicated that the person's alcohol concentration
 
 4                was at, or above, the level prohibited [level;]
 
 5                under section 291-4 or 291-4.3, as applicable; and
 
 6           (D)  The person whose breath or blood was tested was
 
 7                the person arrested;
 
 8      (4)  A copy of the notice of administrative revocation
 
 9           issued to the arrestee;
 
10      (5)  Any driver's license taken into possession by the
 
11           arresting officer; and
 
12      (6)  A listing of any prior alcohol enforcement contacts
 
13           involving the arrestee.
 
14      (b)  Whenever a person is arrested for a violation of
 
15 section 291-4, 291-4.3, or 291-4.4 and refuses to submit to a
 
16 test to determine alcohol concentration in the blood, the
 
17 following shall be immediately forwarded to the director:
 
18      (1)  A copy of the arrest report and the sworn statement of
 
19           the arresting officer stating facts that establish
 
20           that:
 
21           (A)  There was reasonable suspicion to stop the motor
 
22                vehicle or the motor vehicle was stopped at an
 

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

 
 
 
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 1 amended as follows:
 
 2      1.  By amending subsection (a) to read:
 
 3      "(a)  The director shall automatically review the issuance
 
 4 of a notice of administrative revocation, and a written decision
 
 5 administratively revoking the license or rescinding the notice of
 
 6 administrative revocation shall be mailed to the arrestee, or to
 
 7 the parent or guardian of the arrestee if the arrestee is a
 
 8 minor, no later than eight days after the date the notice was
 
 9 issued."
 
10      2.  By amending subsection (d) to read:
 
11      "(d)  The director shall administratively revoke the
 
12 arrestee's driver's license if the director determines that:
 
13      (1)  There existed reasonable suspicion to stop the motor
 
14           vehicle, the motor vehicle was stopped at an
 
15           intoxication and drug control roadblock established and
 
16           operated in compliance with sections 286-162.5 and
 
17           286-162.6, or the person was tested pursuant to section
 
18           286-163;
 
19      (2)  There existed probable cause to believe that the
 
20           arrestee drove, operated, or was in actual physical
 
21           control of the motor vehicle while [under]:
 
22           (A)  Under the influence of intoxicating liquor; or
 

 
 
 
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 1           (B)  Under the age of twenty one and after consuming a
 
 2                measurable amount of alcohol; and
 
 3      (3)  The evidence proves by a preponderance that [the]:
 
 4           (A)  The arrestee drove, operated, or was in actual
 
 5                physical control of the motor vehicle while
 
 6                [under]:
 
 7                (i)  Under the influence of intoxicating liquor
 
 8                     [or while having];
 
 9               (ii)  Having an alcohol concentration of .08 or
 
10                     more; or [that the]
 
11              (iii)  Under the age of twenty one and after
 
12                     consuming a measurable amount of alcohol; or
 
13           (B)  The arrestee refused to submit to a breath or
 
14                blood test after being informed of the sanctions
 
15                of this part."
 
16      3.  By amending subsection (f) to read:
 
17      "(f)  If the director administratively revokes the
 
18 arrestee's driver's license, the director shall mail to the
 
19 arrestee, or to the parent or guardian of the arrestee if the
 
20 arrestee is a minor, a written decision [stating] that shall:
 
21      (1)  State the reasons for the administrative revocation[.
 
22           The decision shall also indicate];
 

 
 
 
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 1      (2)  Indicate that the arrestee has six days from the date
 
 2           the decision is mailed to request an administrative
 
 3           hearing to review the director's decision[.  The
 
 4           decision shall also explain];
 
 5      (3)  Explain the procedure by which to request an
 
 6           administrative hearing[, and shall be];
 
 7      (4)  Be accompanied by a form, postage prepaid, [which] that
 
 8           the arrestee may fill out and mail in order to request
 
 9           an administrative hearing[.  The decision shall also
 
10           inform];
 
11      (5)  Inform the arrestee of the right to review and copy all
 
12           documents considered at the review, including the
 
13           arrest report and the sworn statements of the law
 
14           enforcement officials, prior to the hearing[.  Further,
 
15           the decision shall state];
 
16      (6)  State that the arrestee may be represented by counsel
 
17           at the hearing, submit evidence, give testimony, and
 
18           present and cross-examine witnesses, including the
 
19           arresting officer[.]; and
 
20      (7)  State that failure of the arrestee, or a parent or
 
21           guardian of the arrestee if the arrestee is a minor, to
 
22           attend the hearing shall cause the administrative
 

 
 
 
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 1           revocation to take effect for the period and under the
 
 2           conditions indicated."
 
 3      SECTION 9.  Section 286-259, Hawaii Revised Statutes, is
 
 4 amended as follows:
 
 5      1.  By amending subsection (e) to read:
 
 6      "(e)  The director shall affirm the administrative
 
 7 revocation only if the director determines that:
 
 8      (1)  There existed reasonable suspicion to stop the motor
 
 9           vehicle, the motor vehicle was stopped at an
 
10           intoxication and drug control roadblock established and
 
11           operated in compliance with sections 286-162.5 and
 
12           286-162.6, or the person was tested pursuant to section
 
13           286-163;
 
14      (2)  There existed probable cause to believe that the
 
15           arrestee drove, operated, or was in actual physical
 
16           control of the motor vehicle while [under]:
 
17           (A)  Under the influence of intoxicating liquor; [and]
 
18                or
 
19           (B)  Under the age of twenty one and after consuming a
 
20                measurable amount of alcohol; and
 
21      (3)  The evidence proves by a preponderance that [the]:
 
22           (A)  The arrestee drove, operated, or was in actual
 

 
 
 
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 1                physical control of the motor vehicle while
 
 2                [under]:
 
 3                (i)  Under the influence of intoxicating liquor
 
 4                     [or while having];
 
 5               (ii)  Under the age of twenty one and after
 
 6                     consuming a measurable amount of alcohol; or
 
 7              (iii)  Having an alcohol concentration of .08 or
 
 8                     more; or [that the]
 
 9           (B)  The arrestee refused to submit to a breath or
 
10                blood test after being informed of the sanctions
 
11                of this part."
 
12      2.  By amending subsection (i) to read:
 
13      "(i)  The director's decision shall be rendered in writing
 
14 and mailed to the arrestee, or to the parent or guardian of the
 
15 arrestee if the arrestee is a minor, no later than five days
 
16 after the hearing.  If the decision is to reverse the
 
17 administrative revocation, the director shall return the
 
18 arrestee's license and any fees collected from the arrestee under
 
19 this part along with a certified statement that administrative
 
20 revocation proceedings have been terminated.  If the decision
 
21 sustains the administrative revocation, the director shall mail
 
22 to the arrestee a written decision indicating the duration of the
 

 
 
 
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 1 administrative revocation and any other conditions or
 
 2 restrictions as may be imposed pursuant to section 286-261."
 
 3      3.  By amending subsection (k) to read:
 
 4      "(k)  If the arrestee fails to appear at the hearing, or if
 
 5 an arrestee who is a minor fails to appear with a parent or
 
 6 guardian, administrative revocation shall take effect for the
 
 7 period and under the conditions established by the director in
 
 8 the administrative review decision issued by the director under
 
 9 section 286-258."
 
10      SECTION 10.  Section 286-260, Hawaii Revised Statutes, is
 
11 amended by amending subsections (a) and (b) to read as follows:
 
12      "(a)  If the director sustains the administrative revocation
 
13 after administrative hearing, the arrestee, or the parent or
 
14 guardian of the arrestee if the arrestee is a minor, may file a
 
15 petition for judicial review within thirty days after the
 
16 administrative hearing decision is mailed.  The petition shall be
 
17 filed with the clerk of the district court in the district in
 
18 which the offense occurred and shall be accompanied by the
 
19 required filing fee for civil actions.  The filing of the
 
20 petition shall not operate as a stay of the administrative
 
21 revocation, nor shall the court stay the administrative
 
22 revocation pending the outcome of the judicial review.  The
 

 
 
 
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 1 petition shall be appropriately captioned.  The petition shall
 
 2 state with specificity the grounds upon which the petitioner
 
 3 seeks reversal of the administrative revocation.
 
 4      (b)  The court shall schedule the judicial review as quickly
 
 5 as practicable, and the review shall be on the record of the
 
 6 administrative hearing without taking of additional testimony or
 
 7 evidence.  If the petitioner fails to appear without just cause,
 
 8 and the parent or guardian of the arrestee if the arrestee is a
 
 9 minor, the court shall affirm the administrative revocation."
 
10      SECTION 11.  Section 286-261, Hawaii Revised Statutes, is
 
11 amended by amending subsection (b) to read as follows:
 
12      "(b)  The periods of administrative revocation that may be
 
13 imposed under this part are as follows:
 
14      (1)  Three months, if the arrestee's driving record shows no
 
15           prior alcohol enforcement contacts during the five
 
16           years preceding the date of arrest; provided that if
 
17           the arrestee was arrested for a violation of section
 
18           291-4.3, the revocation period shall be six months;
 
19      (2)  One year if the arrestee's driving record shows one
 
20           prior alcohol enforcement contact during the five years
 
21           preceding the date of arrest;
 
22      (3)  Two years if the arrestee's driving record shows two
 

 
 
 
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 1           prior alcohol enforcement contacts during the seven
 
 2           years preceding the date of arrest;
 
 3      (4)  For life if the arrestee's driving record shows three
 
 4           or more prior alcohol enforcement contacts during the
 
 5           ten years preceding the date of arrest; or
 
 6      (5)  For arrestees under the age of eighteen years[,] who
 
 7           were arrested for a violation of section 291-4, the
 
 8           period remaining until the arrestee's eighteenth
 
 9           birthday, or for the appropriate revocation period
 
10           provided in paragraphs (1) to (4) or in subsection (c),
 
11           whichever is longer."
 
12      SECTION 12.  Section 291-4.3, Hawaii Revised Statutes, is
 
13 amended to read as follows:.
 
14      "[[]§291-4.3[]]  Driving after consuming a measurable amount
 
15 of alcohol; persons under the age of twenty-one.  (a)  It shall
 
16 be unlawful for any person under the age of twenty-one years to
 
17 drive, operate, or assume actual physical control of the
 
18 operation of any vehicle with a measurable amount of alcohol
 
19 concentration.  A law enforcement officer may arrest a person
 
20 [under this section] for purposes of imposing sanctions under
 
21 chapter 286, part XIV, when the officer has probable cause to
 
22 believe the arrested person is under the age of twenty-one and
 

 
 
 
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 1 had been driving or was in actual physical control of a motor
 
 2 vehicle or moped upon the public highways with a measurable
 
 3 amount of alcohol.
 
 4      (b)  For purposes of this section, "measurable amount of
 
 5 alcohol" means a test result equal to or greater than .02 but
 
 6 less than .08 grams of alcohol per one hundred milliliters or
 
 7 cubic centimeters of blood or equal to or greater than .02 but
 
 8 less than .08 grams of alcohol per two hundred ten liters of
 
 9 breath.
 
10      [(b)  A person who violates this section shall be sentenced
 
11 as follows:
 
12      (1)  For a first violation or any violation not preceded
 
13           within a five-year period by a prior alcohol
 
14           enforcement contact:
 
15           (A)  The court shall impose:
 
16                (i)  A requirement that the person and, if the
 
17                     person is under the age of eighteen, the
 
18                     person's parent or guardian attend an alcohol
 
19                     abuse education and counseling program for
 
20                     not more than ten hours; and
 
21               (ii)  One hundred eighty-day prompt suspension of
 
22                     license with absolute prohibition from
 

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

 
 
 
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 1                license for a period of one year with the absolute
 
 2                prohibition from operating a motor vehicle during
 
 3                suspension of license; and
 
 4           (B)  In addition, the court may impose any of the
 
 5                following:
 
 6                (i)  Not more than fifty hours of community
 
 7                     service work; or
 
 8               (ii)  A fine of not less than $300 but not more
 
 9                     than $1,000.
 
10      (3)  For a violation that occurs within five years of two
 
11           prior alcohol enforcement contacts:
 
12           (A)  The court shall impose revocation of license for a
 
13                period of two years; and
 
14           (B)  In addition, the court may impose any of the
 
15                following:
 
16                (i)  Not more than one hundred hours of community
 
17                     service work; or
 
18               (ii)  A fine of not less than $300 but not more
 
19                     than $1,000.
 
20      (4)  Notwithstanding any other law to the contrary, any
 
21           conviction or plea under this section shall be
 
22           considered a prior alcohol enforcement contact.
 

 
 
 
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 1      (c)  Whenever a court sentences a person pursuant to
 
 2 subsection (b)(2) or (3), it also shall require that the person
 
 3 be referred to a substance abuse counselor who has been certified
 
 4 pursuant to section 321-193 for an assessment of the person's
 
 5 alcohol abuse or dependence and the need for appropriate
 
 6 treatment.  The counselor shall submit a report with
 
 7 recommendations to the court.  The court shall require the person
 
 8 to obtain appropriate treatment if the counselor's assessment
 
 9 establishes the person's alcohol abuse or dependence.  All costs
 
10 for assessment or treatment or both shall be borne by the person
 
11 or by the person's parent or guardian, if the person is under the
 
12 age of eighteen.
 
13      (d)  Notwithstanding section 831-3.2 or any other law to the
 
14 contrary, a person convicted of a first-time violation under
 
15 subsection (b)(1), who had no prior alcohol enforcement contacts,
 
16 may apply to the court for an expungement order upon attaining
 
17 the age of twenty-one, or thereafter, if the person has fulfilled
 
18 the terms of the sentence imposed by the court and has had no
 
19 subsequent alcohol or drug-related enforcement contacts.
 
20      (e)  Notwithstanding any other law to the contrary, whenever
 
21 a court revokes a person's driver's license pursuant to this
 
22 section, the examiner of drivers shall not grant to the person an
 

 
 
 
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                                     S.B. NO.           2707
                                                        
                                                        

 
 1 application for a new driver's license for a period to be
 
 2 determined by the court.
 
 3      (f)  Any person sentenced under this section may be ordered
 
 4 to reimburse the county for the cost of any blood tests conducted
 
 5 pursuant to section 286-152.  The court shall order the person to
 
 6 make restitution in a lump sum, or in a series of prorated
 
 7 installments, to the police department or other agency incurring
 
 8 the expense of the blood test.
 
 9      (g)  The requirement to provide proof of financial
 
10 responsibility pursuant to section 287-20 shall not be based upon
 
11 a sentence imposed under subsection (b)(1).
 
12      (h)  Any person who violates this section shall be guilty of
 
13 a violation.
 
14      (i)  As used in this section, the terms "driver", "driver's
 
15 license", and "examiner of drivers", shall have the same meanings
 
16 as provided in section 286-2, the term "alcohol enforcement
 
17 contact" shall have the same meaning as in section 286-251, and
 
18 the term "vehicle" shall have the same meaning as provided in
 
19 section 291C-1.]"
 
20      SECTION 13.  Section 286-151.5, Hawaii Revised Statutes, is
 
21 repealed.
 
22      ["[§286-151.5]  Refusal to submit to testing for measurable
 

 


 

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                                     S.B. NO.           2707
                                                        
                                                        

 
 1 amount of alcohol; district court hearing; sanctions; appeals;
 
 2 admissibility.(a)  If a person under arrest for driving after
 
 3 consuming a measurable amount of alcohol, pursuant to section
 
 4 291-4.3, refuses to submit to a breath or blood test, none shall
 
 5 be given, except as provided in section 286-163, but the
 
 6 arresting officer, as soon as practicable, shall submit an
 
 7 affidavit to a district judge of the circuit in which the arrest
 
 8 was made, stating:
 
 9      (1)  That at the time of the arrest, the arresting officer
 
10           had probable cause to believe the arrested person was
 
11           under the age of twenty-one and had been operating a
 
12           motor vehicle or moped upon the public highways with a
 
13           measurable amount of alcohol concentration;
 
14      (2)  That the arrested person had been informed of the
 
15           sanctions of this section; and
 
16      (3)  That the person had refused to submit to a breath or
 
17           blood test.
 
18      (b)  Upon receipt of the affidavit, the district judge shall
 
19 hold a hearing within twenty days.  The district judge shall hear
 
20 and determine:
 
21      (1)  Whether the arresting officer had probable cause to
 
22           believe that the person was under the age of twenty-one
 

 
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                                     S.B. NO.           2707
                                                        
                                                        

 
 1           and had been operating a motor vehicle or moped upon
 
 2           the public highway with a measurable amount of alcohol
 
 3           concentration;
 
 4      (2)  Whether the person was lawfully arrested;
 
 5      (3)  Whether the arresting officer had informed the person
 
 6           of the sanctions of this section; and
 
 7      (4)  Whether the person refused to submit to a test of the
 
 8           person's breath or blood.
 
 9      (c)  If the district judge finds the statements contained in
 
10 the affidavit are true, the judge shall suspend the arrested
 
11 person's operating privilege as follows:
 
12      (1)  For a first suspension, or any suspension not preceded
 
13           within a five-year period by a suspension under this
 
14           section, for a period of twelve months; and
 
15      (2)  For any subsequent suspension under this section, for a
 
16           period not less than two years and not more than five
 
17           years.
 
18      (d)  An order of a district court issued under this section
 
19 may be appealed to the supreme court.
 
20      (e)  If a legally arrested person under the age of twenty-
 
21 one refuses to submit to a test of the person's breath or blood,
 
22 proof of refusal shall be admissible only in a hearing under this
 

 
 
 
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                                     S.B. NO.           2707
                                                        
                                                        

 
 1 section or part XIV of this chapter and shall not be admissible
 
 2 in any other action or proceeding, whether civil or criminal.
 
 3      (f)  The term "measurable amount of alcohol" shall have the
 
 4 same meaning as provided in section 291-4.3."]
 
 5      SECTION 14.  This Act shall not apply to any case involving
 
 6 a person arrested for violation of section 291-4.3, Hawaii
 
 7 Revised Statutes, prior to its effective date.
 
 8      SECTION 15.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 16.  This Act shall take effect on December 31,
 
11 2000.
 
12 
 
13                           INTRODUCED BY:_________________________