REPORT TITLE:
DUI; Blood-Alcohol Level


DESCRIPTION:
Lowers the legal alcohol concentration level for driving under
the influence of intoxicating liquor related offenses from .08 to
.04.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           31
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ALCOHOL CONCENTRATION LEVELS.



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

 1      SECTION 1.  The legislature finds that research and field
 
 2 literature demonstrate some driving-related impairment for many
 
 3 people at any level of blood-alcohol content.  Substantial and
 
 4 consistent impairment begins at .04 per cent to .05 per cent
 
 5 blood-alcohol content.  As blood-alcohol content levels increase,
 
 6 so do individual impairment and the likelihood of impairment
 
 7 across the entire population.  The risk of fatal crashes greatly
 
 8 increases at .04 per cent to .05 per cent blood-alcohol content,
 
 9 with greatly increased risk at .10 per cent blood-alcohol
 
10 content.
 
11      The Alcohol and the Impaired Driver:  A Manual on the
 
12 Medicolegal Aspects of Chemical Tests for Intoxication, published
 
13 in 1968 by the American Medical Association, concluded:
 
14      "Analysis of the epidemiological studies indicates that
 
15      a clear relationship exists between the consumption of
 
16      alcoholic beverages and the frequency of involvement in
 
17      vehicular accidents....
 
18      All studies indicate a proportionality in the
 

 
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 1      probability of being involved in an auto accident with
 
 2      the increase in blood-alcohol level....  It is apparent
 
 3      that impairment in some drivers commences at a low
 
 4      level and 0.04 percent w/v (40 mg/100 ml) seems to be
 
 5      the threshold.  ...Despite...limitations all of the
 
 6      results of the tests, both real and simulated, have led
 
 7      to the conclusion that driving skill deteriorates with
 
 8      a relatively low blood-alcohol level, certainly less
 
 9      than 0.05 percent w/v (50 mg/100 ml)."
 
10      A recent American Medical Association report on drivers
 
11 impaired by alcohol reported the extent and cost of alcohol-
 
12 impaired driving in the United States as follows:
 
13      "In 1995, alcohol-related motor vehicle crashes
 
14      resulted in 17,274 deaths in the United States with
 
15      intoxication rates in fatal crashes highest for person
 
16      aged 21 to 24.  These deaths represent an average of
 
17      one alcohol-related fatality every 30 minutes.  In
 
18      addition, more than 300,000 persons were injured in
 
19      crashes where police reported the presence of alcohol.
 
20      That represents one person injured approximately every
 
21      2 minutes.  Over their lifetimes, about 2 in every 5
 
22      Americans will be involved in an alcohol-related crash.
 

 
 
 
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 1      The economic costs of drinking and driving also are
 
 2      quite high.  One researcher estimated that in 1990
 
 3      alcohol-related motor vehicle crashes cost the nation
 
 4      $3.87 billion, exclusive of the economic costs of
 
 5      medical services, morbidity, and mortality.  This
 
 6      amounted to 3.9% of total economic costs of alcohol
 
 7      abuse.  Reviewing the motor vehicle crash data for
 
 8      1994, the National Highway Traffic Safety
 
 9      Administration (NHTSA) estimated that alcohol-involved
 
10      crashes caused $45 billion or 30% of all crash costs,
 
11      including 17% of property damage-only crash costs, 29%
 
12      of nonfatal injury crash costs and 47% of fatal injury
 
13      crash costs....
 
14      Overall, the alcohol-attributable medical spending for
 
15      driving under the influence (DUI) is estimated at $5.4
 
16      billion per year, with each victim bearing an average
 
17      cost of $36,000."
 
18      The legislature finds that experience has shown in this
 
19 nation and in others that lower blood-alcohol content levels have
 
20 resulted in substantially fewer motor vehicle crashes, injuries,
 
21 and deaths.  The combination of this experience with clinical and
 
22 experimental research points to the need to further lower legal
 

 
 
 
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 1 blood-alcohol content levels to reduce the problems related to
 
 2 alcohol-impaired driving.
 
 3      Accordingly, the purpose of this Act is to lower the legal
 
 4 alcohol concentration level for driving under the influence of
 
 5 intoxicating liquor related offenses from .08 to .04.
 
 6      SECTION 2.  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 alcohol
 
11 concentration was less than [.08,] .04, the director or the
 
12 arresting agency immediately shall [immediately] return the
 
13 arrestee's license along with a certified statement that
 
14 administrative revocation proceedings have been terminated with
 
15 prejudice."
 
16      SECTION 3.  Section 286-257, Hawaii Revised Statutes, is
 
17 amended by amending subsection (a) to read as follows:
 
18      "(a)  Whenever a person:  is arrested for a violation of
 
19 section 291-4 or 291-4.4 and submits to a test that establishes
 
20 that the arrestee's alcohol concentration was [.08] .04 or more;
 
21 or has been involved in a collision resulting in injury or death
 
22 and a blood test performed pursuant to section 286-163
 

 
 
 
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 1 establishes that the person's alcohol concentration was [.08]
 
 2 .04, or more, the following shall be immediately forwarded to the
 
 3 director:
 
 4      (1)  A copy of the arrest report or the report of the
 
 5           officer who issued the notice of administrative
 
 6           revocation to the person involved in a collision
 
 7           resulting in injury or death and the sworn statement of
 
 8           the arresting officer or the officer who issued the
 
 9           notice of administrative revocation stating facts that
 
10           establish that:
 
11           (A)  There was reasonable suspicion to stop the motor
 
12                vehicle, the motor vehicle was stopped at an
 
13                intoxication and drug control roadblock
 
14                established and operated in compliance with
 
15                sections 286-162.5 and 286-162.6, or the person
 
16                was tested pursuant to section 286-163;
 
17           (B)  There was probable cause to believe that the
 
18                arrestee had been driving, operating, or in actual
 
19                physical control of the motor vehicle while under
 
20                the influence of intoxicating liquor;
 
21           (C)  The arrestee was informed: of the sanctions of
 
22                this part[,]; that criminal charges may be
 

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

 
 
 
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 1                operating the testing equipment;
 
 2           (B)  The person followed the procedures established for
 
 3                conducting the test;
 
 4           (C)  The equipment used to conduct the test functioned
 
 5                in accordance with operating procedures and
 
 6                indicated that the person's alcohol concentration
 
 7                was at, or above, the prohibited level; and
 
 8           (D)  The person whose breath or blood was tested was
 
 9                the person arrested;
 
10      (4)  A copy of the notice of administrative revocation
 
11           issued to the arrestee;
 
12      (5)  Any driver's license taken into possession by the
 
13           arresting officer; and
 
14      (6)  A listing of any prior alcohol enforcement contacts
 
15           involving the arrestee."
 
16      SECTION 4.  Section 286-258, Hawaii Revised Statutes, is
 
17 amended by amending subsection (d) to read as follows:
 
18      "(d)  The director shall administratively revoke the
 
19 arrestee's driver's license if the director determines that:
 
20      (1)  There existed reasonable suspicion to stop the motor
 
21           vehicle, the motor vehicle was stopped at an
 
22           intoxication and drug control roadblock established and
 

 
 
 
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 1           operated in compliance with sections 286-162.5 and
 
 2           286-162.6, or the person was tested pursuant to section
 
 3           286-163;
 
 4      (2)  There existed probable cause to believe that the
 
 5           arrestee drove, operated, or was in actual physical
 
 6           control of the motor vehicle while under the influence
 
 7           of intoxicating liquor; and
 
 8      (3)  The evidence proves by a preponderance that the
 
 9           arrestee drove, operated, or was in actual physical
 
10           control of the motor vehicle while under the influence
 
11           of intoxicating liquor or while having an alcohol
 
12           concentration of [.08] .04 or more or that the arrestee
 
13           refused to submit to a breath or blood test after being
 
14           informed of the sanctions of this part."
 
15      SECTION 5.  Section 286-259, Hawaii Revised Statutes, is
 
16 amended by amending subsection (e) to read as follows:
 
17      "(e)  The director shall affirm the administrative
 
18 revocation only if the director determines that:
 
19      (1)  There existed reasonable suspicion to stop the motor
 
20           vehicle or the motor vehicle was stopped at an
 
21           intoxication control roadblock established and operated
 
22           in compliance with sections 286-162.5 and 286-162.6;
 

 
 
 
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 1      (2)  There existed probable cause to believe that the
 
 2           arrestee drove, operated, or was in actual physical
 
 3           control of the motor vehicle while under the influence
 
 4           of intoxicating liquor; and
 
 5      (3)  The evidence proves by a preponderance that the
 
 6           arrestee drove, operated, or was in actual physical
 
 7           control of the motor vehicle while under the influence
 
 8           of intoxicating liquor or while having an alcohol
 
 9           concentration of [.08] .04 or more or that the arrestee
 
10           refused to submit to a breath or blood test after being
 
11           informed of the sanctions of this part."
 
12      SECTION 6.  Section 291-4, Hawaii Revised Statutes, is
 
13 amended by amending subsection (a) to read as follows:
 
14      "(a)  A person commits the offense of driving under the
 
15 influence of intoxicating liquor if:
 
16      (1)  The person operates or assumes actual physical control
 
17           of the operation of any vehicle while under the
 
18           influence of intoxicating liquor, meaning that the
 
19           person concerned is under the influence of intoxicating
 
20           liquor in an amount sufficient to impair the person's
 
21           normal mental faculties or ability to care for
 
22           [oneself] one's self and guard against casualty; or
 

 
 
 
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 1      (2)  The person operates or assumes actual physical control
 
 2           of the operation of any vehicle with [.08] .04 or more
 
 3           grams of alcohol per one hundred milliliters or cubic
 
 4           centimeters of blood or [.08] .04 or more grams of
 
 5           alcohol per two hundred ten liters of breath."
 
 6      SECTION 7.  Section 291-4.3, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (a) to read as follows:
 
 8      "(a)  It shall be unlawful for any person under the age of
 
 9 twenty-one years to drive, operate, or assume actual physical
 
10 control of the operation of any vehicle with a measurable amount
 
11 of alcohol concentration.  A law enforcement officer may arrest a
 
12 person under this section when the officer has probable cause to
 
13 believe the arrested person is under the age of twenty-one and
 
14 had been driving or was in actual physical control of a motor
 
15 vehicle or moped upon the public highways with a measurable
 
16 amount of alcohol.  For purposes of this section, "measurable
 
17 amount of alcohol" means a test result equal to or greater than
 
18 .02 but less than [.08] .04 grams of alcohol per one hundred
 
19 milliliters or cubic centimeters of blood or equal to or greater
 
20 than .02 but less than [.08] .04 grams of alcohol per two hundred
 
21 ten liters of breath."
 
22      SECTION 8.  Section 291-4.4, Hawaii Revised Statutes, is
 

 
 
 
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 1 amended by amending subsection (a) to read as follows:
 
 2      "(a)  A person commits the offense of habitually driving
 
 3 under the influence of intoxicating liquor or drugs if, during a
 
 4 ten-year period the person has been convicted three or more times
 
 5 for a driving under the influence offense; and
 
 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 is under the influence of intoxicating liquor in
 
10           an amount sufficient to impair the person's normal
 
11           mental faculties or ability to care for [oneself] one's
 
12           self and guard against casualty;
 
13      (2)  The person operates or assumes actual physical control
 
14           of the operation of any vehicle with [.08] .04 or more
 
15           grams of alcohol per one hundred milliliters or cubic
 
16           centimeters of blood or [.08] .04 or more grams of
 
17           alcohol per two hundred ten liters of breath; or
 
18      (3)  A person operates or assumes actual physical control of
 
19           the operation of any vehicle while under the influence
 
20           of any drug which impairs such person's ability to
 
21           operate the vehicle in a careful and prudent manner.
 
22           The term "drug" as used in this section shall mean any
 

 
 
 
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 1           controlled substance as defined and enumerated on
 
 2           schedules I through IV of chapter 329."
 
 3      SECTION 9.  Section 291-5, Hawaii Revised Statutes, is
 
 4 amended by amending subsections (a) and (b) to read as follows:
 
 5      "(a)  In any criminal prosecution for a violation of section
 
 6 291-4, [.08] .04 or more grams of alcohol per one hundred
 
 7 milliliters or cubic centimeters of the defendant's blood or
 
 8 [.08] .04 or more grams of alcohol per two hundred ten liters of
 
 9 the defendant's breath within three hours after the time of the
 
10 alleged violation as shown by chemical analysis or other approved
 
11 analytical techniques of the defendant's blood or breath shall be
 
12 competent evidence that the defendant was under the influence of
 
13 intoxicating liquor at the time of the alleged violation.
 
14      (b)  In any criminal prosecution for a violation of section
 
15 291-4, the amount of alcohol found in the defendant's blood or
 
16 breath within three hours after the time of the alleged violation
 
17 as shown by chemical analysis or other approved analytical
 
18 techniques of the defendant's blood or breath shall be competent
 
19 evidence that the defendant was under the influence of
 
20 intoxicating liquor at the time of the alleged violation and
 
21 shall give rise to the following presumptions:
 
22      (1)  If there were [.05 or] less than .02 grams of alcohol
 

 
 
 
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 1           per one hundred milliliters or cubic centimeters of
 
 2           blood or [.05 or] less than .02 grams of alcohol per
 
 3           two hundred ten liters of defendant's breath, it shall
 
 4           be presumed that the defendant was not under the
 
 5           influence of intoxicating liquor at the time of the
 
 6           alleged violation; and
 
 7      (2)  If there were in excess of [.05] .02 grams of alcohol
 
 8           per one hundred milliliters or cubic centimeters of
 
 9           defendant's blood or [.05] .02 grams of alcohol per two
 
10           hundred ten liters of defendant's breath, but less than
 
11           [.08] .04 grams of alcohol per one hundred milliliters
 
12           or cubic centimeters of defendant's blood or [.08] .04
 
13           grams of alcohol per two hundred ten liters of
 
14           defendant's breath, that fact may be considered with
 
15           other competent evidence in determining whether [or
 
16           not] the defendant was [at the time of the alleged
 
17           violation] under the influence of intoxicating liquor
 
18           at the time of the alleged violation, but shall not of
 
19           itself give rise to any presumption."
 
20      SECTION 10.  This Act does not affect rights and duties that
 
21 matured, penalties that were incurred, and proceedings that were
 
22 begun, before its effective date.
 

 
 
 
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 1      SECTION 11.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 12.  This Act shall take effect upon its approval.
 
 4 
 
 5                           INTRODUCED BY:_________________________