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, persons under 21 driving after consuming a measurable
amount of alcohol, and persons habitually driving under the
influence.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3115
THE SENATE                              S.B. NO.           S.D. 1
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 vehicle
 
12                during suspension of license, or the court may
 
13                impose, in lieu of the ninety-day prompt suspension
 
14                of license, a minimum thirty-day prompt suspension
 
15                of license with absolute prohibition from operating
 
16                a motor vehicle and, for the remainder of the
 
17                ninety-day period, a restriction on the license
 
18                that allows the person to drive for limited work-
 
19                related purposes and to participate in alcoholism
 
20                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 than
 
 3                     $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 a
 
10                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 assumed
 
10           actual physical control of a vehicle with a passenger,
 
11           in or on the vehicle, who was younger than fifteen years
 
12           of age, shall be sentenced to an additional mandatory
 
13           fine of $500, and an additional mandatory term of
 
14           imprisonment of forty-eight hours; provided[, however,]
 
15           that the total term of imprisonment for a person
 
16           convicted under this section shall not exceed thirty
 
17           days.
 
18      Notwithstanding any other law to the contrary, any conviction
 
19 for driving under the influence of intoxicating liquor under this
 
20 section or section 291-4.4 shall be considered a prior conviction
 
21 for purposes of imposing sentence under this section.
 
22      No license suspension or revocation shall be imposed pursuant
 
23 to this subsection if the person's license has previously been
 

 
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 1 administratively revoked pursuant to part XIV of chapter 286 for
 
 2 the same offense; provided that, if the administrative revocation
 
 3 is subsequently reversed, the person's license shall be suspended
 
 4 or revoked as provided in this subsection.
 
 5      (c)  Whenever a court sentences a person pursuant to
 
 6 subsection (b), it shall also require that the offender be
 
 7 referred to a substance abuse counselor who has been certified
 
 8 pursuant to section 321-193 for an assessment of the offender's
 
 9 alcohol abuse or dependence and the need for appropriate
 
10 treatment.  The counselor shall submit a report with
 
11 recommendations to the court.  The court may require the offender
 
12 to obtain appropriate treatment if the counselor's assessment
 
13 establishes the offender's alcohol abuse or dependence.
 
14      All cost for assessment or treatment or both shall be borne
 
15 by the offender.
 
16      (d)  Notwithstanding any other law to the contrary, whenever
 
17 a court revokes a person's driver's license pursuant to [the
 
18 provisions of] this section, the examiner of drivers shall not
 
19 grant to the person an application for a new driver's license for
 
20 a period to be determined by the court.
 
21      (e)  Any person sentenced under this section may be ordered
 
22 to reimburse the county for the cost of any blood tests conducted
 
23 under section 286-152.  The court shall order the person to make
 

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

 
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 1 have the same meaning as provided in section 291C-1."
 
 2      SECTION 2.  Section 291-4.3, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "[[]§291-4.3[]]  Driving after consuming a measurable amount
 
 5 of alcohol; persons under the age of twenty-one.  (a)  It shall be
 
 6 unlawful for any person under the age of twenty-one years to
 
 7 drive, operate, or assume actual physical control of the operation
 
 8 of any vehicle with a measurable amount of alcohol concentration.
 
 9 A law enforcement officer may arrest a person under this section
 
10 when the officer has probable cause to believe the arrested person
 
11 is under the age of twenty-one and had been driving or was in
 
12 actual physical control of a motor vehicle or moped upon the
 
13 public highways with a measurable amount of alcohol.  For purposes
 
14 of this section, "measurable amount of alcohol" means a test
 
15 result equal to or greater than .02 but less than .08 grams of
 
16 alcohol per one hundred milliliters or cubic centimeters of blood
 
17 or equal to or greater than .02 but less than .08 grams of alcohol
 
18 per two hundred ten liters of breath.
 
19      (b)  A person who violates this section shall be sentenced as
 
20 follows:
 
21      (1)  For a first violation or any violation not preceded
 
22           within a five-year period by a prior alcohol enforcement
 
23           contact:
 

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

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

 
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 1                     service work; or
 
 2               (ii)  A fine of not less than $300 but not more than
 
 3                     $1,000.
 
 4      (4)  Notwithstanding any other law to the contrary, any
 
 5           [conviction] adjudication or plea under this section
 
 6           shall be considered a prior alcohol enforcement contact.
 
 7      (c)  Whenever a court sentences a person pursuant to
 
 8 subsection (b)(2) or (3), it also shall require that the person be
 
 9 referred to a substance abuse counselor who has been certified
 
10 pursuant to section 321-193 for an assessment of the person's
 
11 alcohol abuse or dependence and the need for appropriate
 
12 treatment.  The counselor shall submit a report with
 
13 recommendations to the court.  The court shall require the person
 
14 to obtain appropriate treatment if the counselor's assessment
 
15 establishes the person's alcohol abuse or dependence.  All costs
 
16 for assessment or treatment or both shall be borne by the person
 
17 or by the person's parent or guardian, if the person is under the
 
18 age of eighteen.
 
19      (d)  Notwithstanding section 831-3.2 or any other law to the
 
20 contrary, a person [convicted] adjudicated of a first-time
 
21 violation under subsection (b)(1), who had no prior alcohol
 
22 enforcement contacts, may apply to the court for an expungement
 
23 order upon attaining the age of twenty-one, or thereafter, if the
 

 
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 1 person has fulfilled the terms of the sentence imposed by the
 
 2 court and has had no subsequent alcohol or drug-related
 
 3 enforcement contacts.
 
 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 tests conducted
 
11 pursuant to section 286-152.  The court shall order the person to
 
12 make restitution in a lump sum, or in a series of prorated
 
13 installments, to the police department or other agency incurring
 
14 the expense of the blood test.
 
15      (g)  In addition to any other penalties and liabilities, a
 
16 person who is adjudicated of violating this section shall be fined
 
17 $100, payable to the clerk of the court, who shall distribute the
 
18 money to the law enforcement agency that made the arrest.  All
 
19 moneys received by a law enforcement agency under this subsection
 
20 shall be used to purchase law enforcement equipment that will
 
21 facilitate the enforcement of this section.  The equipment shall
 
22 include, but is not limited to, in-car video cameras, radar and
 
23 laser speed detection devices, and alcohol breath testers.
 

 
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 1      [(g)] (h)  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)] (i)  Any person who violates this section shall be
 
 5 guilty of a violation.
 
 6      [(i)] (j)  As used in this section, the terms "driver",
 
 7 "driver's license", and "examiner of drivers", shall have the same
 
 8 meanings as provided in section 286-2, the term "alcohol
 
 9 enforcement contact" shall have the same meaning as in section
 
10 286-251, and the term "vehicle" shall have the same meaning as
 
11 provided in section 291C-1." 
 
12      SECTION 3.  Section 291-4.4, Hawaii revised statutes, is
 
13 amended to read as follows:
 
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
 
23           person is under the influence of intoxicating liquor in
 

 
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 1           an amount sufficient to impair the person's normal
 
 2           mental faculties or ability to care for oneself and
 
 3           guard against casualty;
 
 4      (2)  The person operates or assumes actual physical control
 
 5           of the operation of any vehicle with .08 or more grams
 
 6           of alcohol per one hundred milliliters or cubic
 
 7           centimeters of blood or .08 or more grams of alcohol per
 
 8           two hundred ten liters of breath; or
 
 9      (3)  A person operates or assumes actual physical control of
 
10           the operation of any vehicle while under the influence
 
11           of any drug which impairs such person's ability to
 
12           operate the vehicle in a careful and prudent manner.
 
13           The term "drug" as used in this section shall mean any
 
14           controlled substance as defined and enumerated on
 
15           schedules I through IV of chapter 329.
 
16      (b)  In addition to any other penalties and liabilities, a
 
17 person who is convicted of violating this section shall be fined
 
18 $100, payable to the clerk of the court, who shall distribute the
 
19 money to the law enforcement agency that made the arrest.  All
 
20 moneys received by a law enforcement agency under this subsection
 
21 shall be used to purchase law enforcement equipment that will
 
22 facilitate the enforcement of this section.  The equipment shall
 
23 include, but is not limited to, in-car video cameras, radar and
 

 
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 1 laser speed detection devices, and alcohol breath testers.
 
 2      [(b)] (c)  For the purposes of this section, a driving under
 
 3 the influence offense means a violation of this section or section
 
 4 291-4, 291-7, or 707-702.5, or violation of laws in another
 
 5 jurisdiction that requires proof of each element of the offenses
 
 6 punishable under either this section or section 291-4, 291-7, or
 
 7 707-702.5 if committed in Hawaii.
 
 8      [(c)] (d)  Habitually driving under the influence of
 
 9 intoxicating liquor or drugs is a class C felony." 
 
10      SECTION 4.  This Act does not affect rights and duties that
 
11 matured, penalties that were incurred, and proceedings that were
 
12 begun, before its effective date.
 
13      SECTION 5.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 6.  This Act shall take effect upon its approval.