REPORT TITLE:
DUI; New Penalty


DESCRIPTION:
Creates an additional penalty of $100 for convictions; fine to be
used by law enforcement agency to enhance technologies used to
detect persons driving under the influence of intoxicating liquor
and persons under 21 driving after consuming a measurable amount
of alcohol.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3115
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO FINES FOR TRAFFIC VIOLATIONS.



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;
 

 
 
 
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 1               (ii)  Not less than forty-eight hours and not more
 
 2                     than five days of imprisonment; or
 
 3              (iii)  A fine of not less than $150 but not more
 
 4                     than $1,000.
 
 5      (2)  For an offense that occurs within five years of a prior
 
 6           conviction for driving under the influence of
 
 7           intoxicating liquor under this section or section
 
 8           291-4.4 by:
 
 9           (A)  Prompt suspension of license for a period of one
 
10                year with the absolute prohibition from operating
 
11                a motor vehicle during suspension of license;
 
12           (B)  Either one of the following:
 
13                (i)  Not less than one hundred hours of community
 
14                     service work; or
 
15               (ii)  Not less than forty-eight consecutive hours
 
16                     but not more than fourteen days of
 
17                     imprisonment of which at least forty-eight
 
18                     hours shall be served consecutively; and
 
19           (C)  A fine of not less than $500 but not more than
 
20                $1,500.
 
21      (3)  For an offense that occurs within five years of two
 
22           prior convictions for driving under the influence of
 

 
 
 
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 1           intoxicating liquor under this section or section
 
 2           291-4.4 by:
 
 3           (A)  A fine of not less than $500 but not more than
 
 4                $2,500;
 
 5           (B)  Revocation of license for a period not less than
 
 6                one year but not more than five years; and
 
 7           (C)  Not less than ten days but not more than thirty
 
 8                days imprisonment of which at least forty-eight
 
 9                hours shall be served consecutively.
 
10      (4)  Any person eighteen years of age or older, who is
 
11           convicted under this section and who operated or
 
12           assumed actual physical control of a vehicle with a
 
13           passenger, in or on the vehicle, who was younger than
 
14           fifteen years of age, shall be sentenced to an
 
15           additional mandatory fine of $500, and an additional
 
16           mandatory term of imprisonment of forty-eight hours;
 
17           provided, however, that the total term of imprisonment
 
18           for a person convicted under this section shall not
 
19           exceed thirty days.
 
20      Notwithstanding any other law to the contrary, any
 
21 conviction for driving under the influence of intoxicating liquor
 
22 under this section or section 291-4.4 shall be considered a prior
 

 
 
 
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 1 conviction for purposes of imposing sentence under this section.
 
 2      No license suspension or revocation shall be imposed
 
 3 pursuant to this subsection if the person's license has
 
 4 previously been administratively revoked pursuant to part XIV of
 
 5 chapter 286 for the same offense; provided that, if the
 
 6 administrative revocation is subsequently reversed, the person's
 
 7 license shall be suspended or revoked as provided in this
 
 8 subsection.
 
 9      (c)  Whenever a court sentences a person pursuant to
 
10 subsection (b), it shall also require that the offender be
 
11 referred to a substance abuse counselor who has been certified
 
12 pursuant to section 321-193 for an assessment of the offender's
 
13 alcohol abuse or dependence and the need for appropriate
 
14 treatment.  The counselor shall submit a report with
 
15 recommendations to the court.  The court may require the offender
 
16 to obtain appropriate treatment if the counselor's assessment
 
17 establishes the offender's alcohol abuse or dependence.
 
18      All cost for assessment or treatment or both shall be borne
 
19 by the offender.
 
20      (d)  Notwithstanding any other law to the contrary, whenever
 
21 a court revokes a person's driver's license pursuant to the
 
22 provisions of this section, the examiner of drivers shall not
 

 
 
 
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 1 grant to the person an application for a new driver's license for
 
 2 a period to be determined by the court.
 
 3      (e)  Any person sentenced under this section may be ordered
 
 4 to reimburse the county for the cost of any blood tests conducted
 
 5 under section 286-152.  The court shall order the person to make
 
 6 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      (f)  In addition to any other penalties and liabilities, a
 
10 person who is convicted of violating this section shall be fined
 
11 $100, payable to the court clerk, who shall distribute the money
 
12 to the law enforcement agency that made the arrest.  All moneys
 
13 received by a law enforcement agency under this subsection shall
 
14 be used to purchase law enforcement equipment that will
 
15 facilitate the enforcement of this section.  The equipment shall
 
16 include, but is not limited to, in-car video cameras, radar and
 
17 laser speed detection devices, and alcohol breath testers.
 
18      [(f)] (g)  The requirement to provide proof of financial
 
19 responsibility pursuant to section 287-20 shall not be based upon
 
20 a revocation under part XIV of chapter 286 unless the person's
 
21 license had been previously revoked under that part in the
 
22 five-year period immediately preceding the revocation at issue,
 

 
 
 
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 1 nor shall the requirement to provide proof of financial
 
 2 responsibility pursuant to section 287-20 be based upon a
 
 3 sentence imposed under subsection (b)(1).
 
 4      [(g)] (h)  As used in this section, the terms "driver",
 
 5 "driver's license", and "examiner of drivers", shall have the
 
 6 same meanings as provided in section 286-2 and the term "vehicle"
 
 7 shall have the same meaning as provided in section 291C-1."
 
 8      SECTION 2. Section 291-4.3, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]§291-4.3[]]  Driving after consuming a measurable amount
 
11 of alcohol; persons under the age of twenty-one.  (a)  It shall
 
12 be unlawful for any person under the age of twenty-one years to
 
13 drive, operate, or assume actual physical control of the
 
14 operation of any vehicle with a measurable amount of alcohol
 
15 concentration.  A law enforcement officer may arrest a person
 
16 under this section when the officer has probable cause to believe
 
17 the arrested person is under the age of twenty-one and had been
 
18 driving or was in actual physical control of a motor vehicle or
 
19 moped upon the public highways with a measurable amount of
 
20 alcohol.  For purposes of this section, "measurable amount of
 
21 alcohol" means a test result equal to or greater than .02 but
 
22 less than .08 grams of alcohol per one hundred milliliters or
 

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

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

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

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

 
 
 
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 1 installments, to the police department or other agency incurring
 
 2 the expense of the blood test.
 
 3      (g)  In addition to any other penalties and liabilities, a
 
 4 person who is convicted of violating this section shall be fined
 
 5 $100, payable to the court clerk, who shall distribute the money
 
 6 to the law enforcement agency that made the arrest.  All moneys
 
 7 received by a law enforcement agency under this subsection shall
 
 8 be used to purchase law enforcement equipment that will
 
 9 facilitate the enforcement of this section.  The equipment shall
 
10 include, but is not limited to, in-car video cameras, radar and
 
11 laser speed detection devices, and alcohol breath testers.
 
12      [(g)] (h)  The requirement to provide proof of financial
 
13 responsibility pursuant to section 287-20 shall not be based upon
 
14 a sentence imposed under subsection (b)(1).
 
15      [(h)] (i)  Any person who violates this section shall be
 
16 guilty of a violation.
 
17      [(i)] (j)  As used in this section, the terms "driver",
 
18 "driver's license", and "examiner of drivers", shall have the
 
19 same meanings as provided in section 286-2, the term "alcohol
 
20 enforcement contact" shall have the same meaning as in section
 
21 286-251, and the term "vehicle" shall have the same meaning as
 
22 provided in section 291C-1." 
 

 
 
 
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 1      SECTION 3.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 4.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 5.  This Act shall take effect upon its approval.
 
 7 
 
 8                       INTRODUCED BY:  ___________________________