Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Transportation and Government Operations, to which was referred H.B. No. 2639, H.D. 2, entitled:

begs leave to report as follows:

The purpose of this measure is to create a category of "highly intoxicated driver" for a person with a 0.15 or more grams of blood or breath alcohol reading for the purpose of enhanced penalties under driving while intoxicated law.

This measure would provide an administrative penalty of a six-month revocation of license and of motor vehicle registration for highly intoxicated drivers.

Your Committee received testimony in support of this measure from the Department of Transportation; the Department of Health; Honolulu Police Department, and Mothers Against Drunk Driving. Testimony in opposition was received from the Public Defender. Comments were received from the Judiciary.

Your Committee finds that persons who are highly intoxicated are an enhanced danger while driving and deserve enhanced penalties. According to the National Transportation Safety Board, drivers with a high blood alcohol content pose an increased risk of crashes, injuries, and fatalities.

According to the Department of Transportation, a person with a 0.15 percent blood alcohol level is 380 times more likely to be involved in a fatal crash than a non-drinking driver. Presently, thirty-two states and the District of Columbia have high blood alcohol laws that adopt the 0.15 standard. The most frequently recorded blood alcohol level among drinking drivers involved in fatal crashes was 0.18 percent. Fatality Analysis Reporting System data showed that in Hawaii from 2000 to 2004, there were 184 alcohol related fatal crashes that involved 196 drivers with positive blood alcohol readings. Of those 184 alcohol related fatal crashes, 85 crashes involved drivers who had blood alcohol readings of 0.15 percent or higher.

This measure adopts the national Mothers Against Drunk Driving recommendations by making sanctions for driving with a high blood alcohol concentration similar to laws for repeat offenders. Upon the recommendation of Mothers Against Drunk Driving, your Committee has amended this measure by providing for a six month driver's license revocation and plate impoundment for an administrative revocation.

Your Committee has amended this measure upon the recommendation of the Driver's License Revocation Office and Mothers Against Drunk Driving, to:

(1) Clarify the definition of "highly intoxicated driver";

As affirmed by the record of votes of the members of your Committee on Transportation and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2639, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2639, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.