SB153 HD1

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 (a) Notwithstanding any provision of this chapter to the contrary, no person whose driver's license has been revoked pursuant to section 291E-41 or who has been convicted under section 291E-61 or 291E-61.5, and who has an ignition interlock device installed in any vehicle operated by the person, 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 offense, or any offense not preceded within ten years of a prior offense, has had an ignition interlock device installed for a period of sixty consecutive days without any violations;

(2) For an offense that occurs within ten years of a prior offense, has had an ignition interlock device installed for a period of ninety consecutive days without any violations; or

(3) For a habitual offense and subsequent offenses that occur within ten years of two or more prior offenses, has had an ignition interlock device installed for a period of one-hundred eighty consecutive days without any violations.

(b) A person violates this section by:

(1) Providing a sample of .04 or more grams of alcohol per two hundred ten liters of breath when starting the vehicle;

(2) Providing a sample of .04 or more grams of alcohol per two hundred ten liters of breath on a rolling retest;

(3) Failing to provide a rolling retest;

(4) Violating section 291E-66; or

(5) Failing to provide a clear 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 noncompliance. 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 sanction or penalty imposed pursuant to 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. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced without possibility of probation or suspension of sentence as follows:

(1) For the first offense, or any offense not preceded within a ten-year period by a conviction for an offense under this section or section 291E‑4(a):

(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) One-year revocation of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

(i) Seventy-two hours of community service work;

(ii) No less than forty-eight hours and no more than five days of imprisonment; or

(iii) A fine of no less than $250 but no more than $1,000;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(E) A surcharge, if the court so orders, of up to $25 to be deposited into the trauma system special fund;

(2) For an offense that occurs within ten years of a prior conviction for an offense under this section or section 291E-4(a):

(A) Revocation for no less than twenty-four months nor more than three years of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

(B) Either one of the following:

(i) No less than two hundred forty hours of community service work; or

(ii) No less than five days but no more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(E) A surcharge of up to $50, if the court so orders, to be deposited into the trauma system special fund;

(3) In addition to a sentence imposed under paragraphs (1) and (2), any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty‑eight hours; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1) or (2), as applicable. Notwithstanding paragraphs (1) and (2), the revocation period for a person sentenced under this paragraph shall be no less than two years; and

(4) If the person demonstrates to the court that the person:

(A) Does not own or have the use of a vehicle in which the person can install an ignition interlock device during the revocation period; or

(B) Is otherwise unable to drive during the revocation period,

the person shall be absolutely prohibited from driving [~~during the~~] for a period of [~~applicable revocation provided in paragraphs (1) to (3);~~] two years; provided that the court shall not issue an ignition interlock permit pursuant to subsection (i) and the person shall be subject to the penalties provided by section 291E-62 if the person drives during the applicable revocation period."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2050.

THE SENATE	S.B. NO.	153
THIRTY-FIRST LEGISLATURE, 2021		S.D. 2
STATE OF HAWAII		H.D. 1