Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 2645 entitled:

begs leave to report as follows:

The purpose of this measure is to allow a police officer to determine what type of test is to be taken (blood or urine), when the officer suspects a driver being under the influence of drugs. This measure also makes amendments to the implied consent provisions to clarify that for the purposes of determining alcohol content, the applicable tests are blood and breath.

Testimony in support of this measure was submitted by the Department of Transportation, Department of the Prosecuting Attorney, County of Hawaii Police Department, City and County of Honolulu Police Department, and Mothers Against Drunk Driving. Testimony in opposition was submitted by the Office of the Public Defender.

Your Committee finds that this measure will enable our police officers to be more effective by giving them the necessary authority to investigate impaired drivers and reduce drug/alcohol related fatalities and accidents. Your Committee further finds that this measure is necessary because in certain instances, an arrestee may not choose the test they prefer until after the three hour time limit has passed. Thus, your Committee is passing this measure in its current form to give our officers the authority to determine, based on their experience, and suspicion which test is necessary to determine if a driver was under the influence of drugs or alcohol.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2645 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.