REPORT TITLE:
DUI; MV; Forfeiture


DESCRIPTION:
Allows forfeiture of motor vehicles driven at the time of a 3rd
DUI offense or an offense of habitually driving under the
influence of intoxicating liquor or drugs pursuant to chapter
712A, HRS.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR.



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

 1      SECTION 1.  Section 291-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  A person committing the offense of driving under the
 
 4 influence of intoxicating liquor shall be sentenced as follows
 
 5 without possibility of probation or suspension of sentence:
 
 6      (1)  For the first offense, or any offense not preceded
 
 7           within a five-year period by a conviction under this
 
 8           section, by:
 
 9           (A)  A fourteen-hour minimum alcohol abuse
 
10                rehabilitation program including education and
 
11                counseling, or other comparable program deemed
 
12                appropriate by the court; [and]
 
13           (B)  Ninety-day prompt suspension of license with
 
14                absolute prohibition from operating a motor
 
15                vehicle during suspension of license, or the court
 
16                may impose, in lieu of the ninety-day prompt
 
17                suspension of license, a minimum thirty-day prompt
 
18                suspension of license with absolute prohibition
 
19                from operating a motor vehicle and, for the
 

 
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 1                remainder of the ninety-day period, a restriction
 
 2                on the license that allows the person to drive for
 
 3                limited work-related purposes and to participate
 
 4                in alcoholism treatment programs; and
 
 5           (C)  Any one or more of the following:
 
 6                (i)  Seventy-two hours of community service work;
 
 7               (ii)  Not less than forty-eight hours and not more
 
 8                     than five days of imprisonment; or
 
 9              (iii)  A fine of not less than $150 but not more
 
10                     than $1,000.
 
11      (2)  For an offense [which] that occurs within five years of
 
12           a prior conviction under this section, by:
 
13           (A)  Prompt suspension of license for a period of one
 
14                year with the absolute prohibition from operating
 
15                a motor vehicle during suspension of license;
 
16           (B)  Either one of the following:
 
17                (i)  Not less than one hundred hours of community
 
18                     service work; or
 
19               (ii)  Not less than forty-eight consecutive hours
 
20                     but not more than fourteen days of
 
21                     imprisonment, of which at least forty-eight
 
22                     hours shall be served consecutively; and
 
23           (C)  A fine of not less than $500 but not more than
 

 
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 1                $1,500.
 
 2      (3)  For an offense [which] that occurs within five years of
 
 3           two prior convictions under this section, by:
 
 4           (A)  A fine of not less than $500 but not more than
 
 5                $2,500;
 
 6           (B)  Revocation of license for a period not less than
 
 7                one year but not more than five years; and
 
 8           (C)  Not less than ten days but not more than thirty
 
 9                days imprisonment, of which at least forty-eight
 
10                hours shall be served consecutively.
 
11     [(4)] Notwithstanding any other law to the contrary, any
 
12 conviction for driving under the influence of intoxicating
 
13 liquor[,] shall be considered a prior conviction.
 
14      [(5)]  Any motor vehicle being driven at the time of
 
15 committing an offense under paragraph (3) may be subject to
 
16 forfeiture pursuant to chapter 712A.  No license suspension or
 
17 revocation shall be imposed pursuant to this subsection if the
 
18 person's license has previously been administratively revoked
 
19 pursuant to part XIV of chapter 286 for the same offense;
 
20 provided that, if the administrative revocation is subsequently
 
21 reversed, the person's license shall be suspended or revoked as
 
22 provided in this subsection."
 
23      SECTION 2.  Section 291-4.4, Hawaii Revised Statutes, is
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 amended to read as follows:
 
 2      "[[]§291-4.4[]]  Habitually driving under the influence of
 
 3 intoxicating liquor or drugs.(a)  A person commits the offense
 
 4 of habitually driving under the influence of intoxicating liquor
 
 5 or drugs if, during a ten-year period the person has been
 
 6 convicted three or more times for a driving under the influence
 
 7 offense; and
 
 8      (1)  The person operates or assumes actual physical control
 
 9           of the operation of any vehicle while under the
 
10           influence of intoxicating liquor, meaning that the
 
11           person is under the influence of intoxicating liquor in
 
12           an amount sufficient to impair the person's normal
 
13           mental faculties or ability to care for oneself and
 
14           guard against casualty;
 
15      (2)  The person operates or assumes actual physical control
 
16           of the operation of any vehicle with .08 or more grams
 
17           of alcohol per one hundred milliliters or cubic
 
18           centimeters of blood or .08 or more grams of alcohol
 
19           per two hundred ten liters of breath; or
 
20      (3)  A person operates or assumes actual physical control of
 
21           the operation of any vehicle while under the influence
 
22           of any drug which impairs such person's ability to
 
23           operate the vehicle in a careful and prudent manner.
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           The term "drug" as used in this section shall mean any
 
 2           controlled substance as defined and enumerated on
 
 3           schedules I through IV of chapter 329.
 
 4      (b)  For the purposes of this section a driving under the
 
 5 influence offense means a violation of section 291-4, 291-7, or
 
 6 707-702.5, or violation of laws in another jurisdiction which
 
 7 requires proof of each element of the offenses punishable under
 
 8 either section 291-4, 291-7, or 707-702.5 if committed in Hawaii.
 
 9      (c)  Habitually driving under the influence of intoxicating
 
10 liquor or drugs is a class C felony.
 
11      (d)  Any motor vehicle being driven at the time of
 
12 committing the offense of habitually driving under the influence
 
13 of intoxicating liquor or drugs may be subject to forfeiture
 
14 pursuant to chapter 712A."
 
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.