REPORT TITLE:
DUI; Zero Tol; Fine


DESCRIPTION:
Imposes an additional fine of $100 for DUI convictions and zero
tolerance.  Requires fine to be used by law enforcement agency to
enhance technologies for enforcement of laws and prevention of
alcohol related driving.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3081
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ALCOHOL RELATED DRIVING.



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

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

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

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

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

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 previously been administratively revoked pursuant to part XIV of
 
 2 chapter 286 for the same offense; provided that, if the
 
 3 administrative revocation is subsequently reversed, the person's
 
 4 license shall be suspended or revoked as provided in this
 
 5 subsection.
 
 6      (c)  Whenever a court sentences a person pursuant to
 
 7 subsection (b), it shall also require that the offender be
 
 8 referred to a substance abuse counselor who has been certified
 
 9 pursuant to section 321-193 for an assessment of the offender's
 
10 alcohol abuse or dependence and the need for appropriate
 
11 treatment.  The counselor shall submit a report with
 
12 recommendations to the court.  The court may require the offender
 
13 to obtain appropriate treatment if the counselor's assessment
 
14 establishes the offender's alcohol abuse or dependence.
 
15      All cost for assessment or treatment or both shall be borne
 
16 by the offender.
 
17      (d)  Notwithstanding any other law to the contrary, whenever
 
18 a court revokes a person's driver's license pursuant to the
 
19 provisions of this section, the examiner of drivers shall not
 
20 grant to the person an application for a new driver's license for
 
21 a period to be determined by the court.
 
22      (e)  Any person sentenced under this section may be ordered
 
23 to reimburse the county for the cost of any blood tests conducted
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 under section 286-152.  The court shall order the person to make
 
 2 restitution in a lump sum, or in a series of prorated
 
 3 installments, to the police department, or other agency incurring
 
 4 the expense of the blood test.
 
 5      (f)  In addition to any other penalties and liabilities, a
 
 6 person who is convicted of violating this section shall be fined
 
 7 $100, payable to the court clerk, who shall distribute the money
 
 8 to the law enforcement agency that made the arrest.  All moneys
 
 9 received by a law enforcement agency under this subsection shall
 
10 be used to purchase law enforcement equipment that will
 
11 facilitate the enforcement of this section and thus reduce the
 
12 incidence of alcohol related driving.  The equipment shall
 
13 include, but is not limited to, in-car video cameras, radar and
 
14 laser speed detection devices, and alcohol breath testers.
 
15      [(f)] (g)  The requirement to provide proof of financial
 
16 responsibility pursuant to section 287-20 shall not be based upon
 
17 a revocation under part XIV of chapter 286 unless the person's
 
18 license had been previously revoked under that part in the
 
19 five-year period immediately preceding the revocation at issue,
 
20 nor shall the requirement to provide proof of financial
 
21 responsibility pursuant to section 287-20 be based upon a
 
22 sentence imposed under subsection (b)(1).
 
23      [(g)] (h)  As used in this section, the terms "driver",
 

 
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                                     S.B. NO.           
                                                        
                                                        

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

 
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                                     S.B. NO.           
                                                        
                                                        

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

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1                     treatment programs; and
 
 2           (B)  In addition, the court may impose any one or more
 
 3                of the following:
 
 4                (i)  Not more than thirty-six hours of community
 
 5                     service work; or
 
 6               (ii)  A fine of not less than $150 but not more
 
 7                     than $500.
 
 8      (2)  For a violation that occurs within five years of a
 
 9           prior alcohol enforcement contact:
 
10           (A)  The court shall impose prompt suspension of
 
11                license for a period of one year with the absolute
 
12                prohibition from operating a motor vehicle during
 
13                suspension of license; and
 
14           (B)  In addition, the court may impose any of the
 
15                following:
 
16                (i)  Not more than fifty hours of community
 
17                     service work; or
 
18               (ii)  A fine of not less than $300 but not more
 
19                     than $1,000.
 
20      (3)  For a violation that occurs within five years of two
 
21           prior alcohol enforcement contacts:
 
22           (A)  The court shall impose revocation of license for a
 
23                period of two years; and
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           (B)  In addition, the court may impose any of the
 
 2                following:
 
 3                (i)  Not more than one hundred hours of community
 
 4                     service work; or
 
 5               (ii)  A fine of not less than $300 but not more
 
 6                     than $1,000.
 
 7      (4)  Notwithstanding any other law to the contrary, any
 
 8           conviction or plea under this section shall be
 
 9           considered a prior alcohol enforcement contact.
 
10      (c)  Whenever a court sentences a person pursuant to
 
11 subsection (b)(2) or (3), it also shall require that the person
 
12 be referred to a substance abuse counselor who has been certified
 
13 pursuant to section 321-193 for an assessment of the person's
 
14 alcohol abuse or dependence and the need for appropriate
 
15 treatment.  The counselor shall submit a report with
 
16 recommendations to the court.  The court shall require the person
 
17 to obtain appropriate treatment if the counselor's assessment
 
18 establishes the person's alcohol abuse or dependence.  All costs
 
19 for assessment or treatment or both shall be borne by the person
 
20 or by the person's parent or guardian, if the person is under the
 
21 age of eighteen.
 
22      (d)  Notwithstanding section 831-3.2 or any other law to the
 
23 contrary, a person convicted of a first-time violation under
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 subsection (b)(1), who had no prior alcohol enforcement contacts,
 
 2 may apply to the court for an expungement order upon attaining
 
 3 the age of twenty-one, or thereafter, if the person has fulfilled
 
 4 the terms of the sentence imposed by the court and has had no
 
 5 subsequent alcohol or drug-related enforcement contacts.
 
 6      (e)  Notwithstanding any other law to the contrary, whenever
 
 7 a court revokes a person's driver's license pursuant to this
 
 8 section, the examiner of drivers shall not grant to the person an
 
 9 application for a new driver's license for a period to be
 
10 determined by the court.
 
11      (f)  Any person sentenced under this section may be ordered
 
12 to reimburse the county for the cost of any blood tests conducted
 
13 pursuant to section 286-152.  The court shall order the person to
 
14 make restitution in a lump sum, or in a series of prorated
 
15 installments, to the police department or other agency incurring
 
16 the expense of the blood test.
 
17      (g)  In addition to any other penalties and liabilities, a
 
18 person who is convicted of violating this section shall be fined
 
19 $100, payable to the court clerk, who shall distribute the money
 
20 to the law enforcement agency that made the arrest.  All moneys
 
21 received by a law enforcement agency under this subsection shall
 
22 be used to purchase law enforcement equipment that will
 
23 facilitate the enforcement of this section and thus reduce the
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 incidence of alcohol related driving.  The equipment shall
 
 2 include, but is not limited to, in-car video cameras, radar and
 
 3 laser speed detection devices, and alcohol breath testers.
 
 4      [(g)] (h)  The requirement to provide proof of financial
 
 5 responsibility pursuant to section 287-20 shall not be based upon
 
 6 a sentence imposed under subsection (b)(1).
 
 7      [(h)] (i)  Any person who violates this section shall be
 
 8 guilty of a violation.
 
 9      [(i)] (j)  As used in this section, the terms "driver",
 
10 "driver's license", and "examiner of drivers", shall have the
 
11 same meanings as provided in section 286-2, the term "alcohol
 
12 enforcement contact" shall have the same meaning as in section
 
13 286-251, and the term "vehicle" shall have the same meaning as
 
14 provided in section 291C-1." 
 
15      SECTION 3.  This Act does not affect rights and duties that
 
16 matured, penalties that were incurred, and proceedings that were
 
17 begun, before its effective date.
 
18      SECTION 4.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 5.  This Act shall take effect upon its approval.
 
21 
 
22                       INTRODUCED BY:  ___________________________