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THE SENATE |
S.B. NO. |
3020 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Highway safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that the blood alcohol concentration of .05 grams is beneficial for restaurant and bar business sales. As a result of increased precaution with lower blood alcohol limits, people feel they can freely order more drinks on average than they otherwise would because they may spend more time at restaurants and bars, and more frequently plan to arrange designated drivers, rideshares, or alternate transportation.
The legislature further notes that there is significant evidence at both the international and national level in countless cities, states, and countries that lowering the legal limit of blood alcohol concentration reduces drink driving. In 1980, more than half of the United States had a legal limit of .10 grams blood alcohol concentration including Hawaii. In 2000, only nineteen states had lowered their blood alcohol concentration limits to .08 grams, which became the new national standard four years later when all fifty states had made the transition. A study funded by the National Institutes of Health found that between 1982 and 2014, states lowering their blood alcohol concentration limits to .08 grams reduced annual fatalities by forty per cent, saving a total of 24,868 lives.
Nevertheless, the legislature finds that driving under the influence laws are stringent and unforgiving. Accordingly, the purpose of this Act is to increase safer transportation and reduce deaths on Hawaii's roadways due to alcohol consumption by creating a new traffic fine for those driving with a blood alcohol concentration between .05 grams and .079 grams, that will serve as a meaningful deterrent and warning for everyone to drink more responsibly, without incurring stricter driving under the influence penalties.
SECTION 2. Chapter 291E, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§291E- Operating a vehicle while impaired. (a)
A person commits the offense of operating a vehicle while impaired if
the person operates or assumes actual physical control of a vehicle while
having a blood alcohol concentration equal to or greater than .05 grams but
less than .08 grams of alcohol per one hundred milliliters or cubic centimeters
of blood, or .05 grams but less than .08 grams of alcohol per two hundred ten
liters of breath.
(b) A person committing the offense of operating a
vehicle while impaired shall be fined .
(c) The penalty established under this section shall be in addition to any other penalty established and imposed under this chapter.
(d)
The department of transportation may implement
administrative
actions against any person who violates this
section."
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. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DOT; Impaired Driving; Blood Alcohol Concentration; Prohibited; Penalties
Description:
Establishes the offense of operating a vehicle while impaired, and penalties. Authorizes the Department of Transportation to take administrative action.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.