HOUSE OF REPRESENTATIVES

H.B. NO.

1814

THIRTIETH LEGISLATURE, 2020

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE IGNITION INTERLOCK PROGRAM.

 

 

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

 

     SECTION 1.  Chapter 291E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291E-     Ignition interlock device; violations; penalties; compliance.  (a)  Notwithstanding any provision of this chapter to the contrary, no person convicted under section 291E-41, 291E-61, or 291E-61.5 shall be eligible for a driver's license without providing proof of compliance from the director of transportation that the person:

     (1)  For the first violation within ten years of a previous violation, has had an ignition interlock device installed for a period of      days without any violations;

     (2)  For a second violation within ten years of a previous violation, has had an ignition interlock device installed for a period of      days without any violations; or

     (3)  For habitual and subsequent violations within ten years, has had no violations for one consecutive year.

     (b)  A person violates this section by:

     (1)  Providing a sample of 0.02 or more in blood alcohol content when starting the vehicle;

     (2)  Providing a sample of 0.02 or more in blood alcohol content on a rolling retest;

     (3)  Failing to provide a rolling retest;

     (4)  Violating section 291E-66; or

     (5)  Failing to provide a photo of the person when the person blows into the ignition interlock device.

     (c)  Any violation that occurs during the period in which the ignition interlock device is installed shall constitute non-compliance.  The time required to prove compliance shall commence again after any violation until compliance is proven.

     (d)  The requirements of subsection (a) shall be in addition to any penalty required for a violation of section 291E-41, 291E-61, or 291E-61.5.  The requirements of this section shall be an administrative requirement of being eligible to apply for a driver's license."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

 

Report Title:

Ignition Interlock; Operating a Vehicle under the Influence of an Intoxicant; Graduated Penalties; Compliance

 

Description:

Establishes a system of graduated penalties for violations of the ignition interlock law.  Requires proof of compliance with the ignition interlock law to be eligible to apply for a driver's license.  Effective 7/1/2050.  (HD1)

 

 

 

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