Establishes that the refusal of an individual, including persons under the age of twenty-one, legally arrested for driving while intoxicated to submit to a breath, blood, or urine test may be admissible in any criminal or civil proceeding. Deletes the distinction in punishment for refusal to submit to testing. (HB1010 HD1)

A BILL FOR AN ACT

SECTION 1. Section 291E-16, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-16[]] Proof of refusal; admissibility. If a legally arrested person refuses to submit to a test of the person's breath, blood, or urine, evidence of refusal shall be admissible [only] in a proceeding under part III or section 291E-65 and [shall not] may be admissible in any other action or proceeding, whether civil or criminal."

SECTION 2. Section 291E-41, Hawaii Revised Statutes, is amended to read as follows:

"§291E-41 Effective date and period of administrative revocation; criteria. (a) Unless an administrative revocation is reversed or the temporary permit, and temporary motor vehicle registration and temporary number plates if applicable, are extended by the director, administrative revocation shall become effective on the day specified in the notice of administrative revocation. Except as provided in section 291E-44, no license and privilege to operate a vehicle, nor motor vehicle registration and number plates if applicable, shall be restored under any circumstances, and no conditional license permit shall be issued during the administrative revocation period. Upon completion of the administrative revocation period, the respondent may reapply and be reissued a license pursuant to section 291E-45.

(b) The periods of administrative revocation with respect to a license and privilege to operate a vehicle, and motor vehicle registration if applicable, that shall be imposed under this part are as follows:

provided that when more than one administrative revocation, suspension, or conviction arises out of the same arrest, it shall be counted as only one prior alcohol enforcement contact or drug enforcement contact, whichever revocation, suspension, or conviction occurs later.

(c) Whenever a motor vehicle registration is revoked under this part, the director shall cause the revocation to be entered electronically into the motor vehicle registration file of the respondent.

[(d) If a respondent has refused to be tested after being informed of the sanctions of this part, the revocation imposed under subsection (b)(1), (2), (3), and (4) shall be for a period of one year, two years, four years, and a lifetime, respectively.

(e) In addition to subsection (d), any motor vehicle registration of an respondent who is a repeat intoxicated driver and who refused to be tested after being informed of the sanctions of this part shall be revoked for the periods specified in subsection (d), and the respondent shall be prohibited from subsequently registering any motor vehicle for the applicable revocation period.]

[(f)] (d) Whenever a license and privilege to operate a vehicle is administratively revoked under this part, the respondent shall be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the respondent's substance abuse or dependence and the need for treatment. The counselor shall submit a report with recommendations to the director. If the counselor's assessment establishes that the extent of the respondent's substance abuse or dependence warrants treatment, the director shall so order. All costs for assessment and treatment shall be paid by the respondent.

[(g)] (e) Alcohol and drug enforcement contacts that occurred prior to January 1, 2002, shall be counted in determining the administrative revocation period.

[(h)] (f) The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a revocation under subsection (b)(1)."

SECTION 3. Section 291E-65, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) If a legally arrested person under the age of twenty-one refuses to submit to a test of the person's breath or blood, proof of refusal shall be admissible [only] in a hearing under this section or part III and [shall not] may be admissible in any other action or proceeding, whether civil or criminal."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.