SB1285 SD2

SECTION 1. The legislature finds that the amount of traffic fatalities is greatly reflected in the legal limit of blood alcohol concentration. Driving with a blood alcohol concentration of even .05 grams of alcohol per one hundred milliliters of blood can impair driving ability and lead to a greater chance of a fatal crash. The National Highway Traffic Safety Administration reported in 2022 that thirty-two per cent of all traffic crash fatalities in the United States involved drunk drivers. Over fifty countries around the world have a legal limit of .05 grams blood alcohol concentration including Belgium, Demark, Egypt, France, the Philippines, and more. Studies provide evidence that lower thresholds for driving under the influence citations help prevent crashes and deaths especially between .05 grams and .08 grams blood alcohol concentration, as people are more conscientious and wait longer before driving.

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 drunk 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. 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 10.4 per cent.

Accordingly, the purpose of this Act is to:

(1) Increase safety and reduce deaths on Hawaii's roadways due to alcohol consumption by establishing a new traffic infraction for those driving with a blood alcohol concentration between .05 grams and .079 grams;

(2) Establish a process to automatically suspend the license of a person arrested for driving under the influence;

(3) Allow a person whose license is automatically suspended for driving under the influence to contest the suspension;

(4) Amending the administrative process at the administrative driver's license revocation office; and

(5) Require the department of the attorney general to report certain information on cases relating to certain offenses related to impaired driving.

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 pursuant to proceedings under chapter 291D.

(b) A person committing the offense of operating a vehicle while impaired shall be fined $ , in addition to any other civil or administrative penalty.

(c) The penalty established under this section shall be in addition to any other penalty established and imposed under this chapter."

SECTION 3. Section 287-20, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Whenever a driver's license has been suspended or revoked:

(1) Pursuant to section 291E-65 or part III of chapter 291E, except as provided in section [~~291E-41(f);~~] 291E-41(e);

(2) Upon a conviction of any offense pursuant to law, except where the conduct giving rise to the instant offense is also a violation of part III of chapter 291E and a requirement to furnish and maintain proof of financial responsibility has already been imposed pursuant to that part; or

(3) In the case of minors, pursuant to part V of chapter 571,

the license shall not at any time thereafter be issued to the person whose license has been suspended or revoked, nor shall the person thereafter operate a motor vehicle, unless and until the person has furnished and thereafter maintains proof of financial responsibility; provided that this section shall not apply to a license suspended or revoked pursuant to section 291E-61(b)(1) or 291E-64(b)(1), any conviction of a moving violation, any administrative license suspension pursuant to chapter 291A, or the first conviction within a five-year period for driving without a valid motor vehicle insurance policy.

This subsection shall not apply to a suspension or revocation of a provisional license under section 286-102.6(d)."

SECTION 4. Section 291E-31, Hawaii Revised Statutes, is amended to read as follows:

"§291E-31 Notice of administrative revocation; effect. As used in this part, the notice of administrative revocation:

(1) Establishes that the respondent's license and privilege to operate a vehicle in the State or on or in the waters of the State shall be terminated:

(A) Thirty days after the date the notice of administrative revocation is issued in the case of an alcohol related offense;

(B) Forty-four days after the date the notice of administrative revocation is issued in the case of a drug related offense; or

~~if the director administratively revokes the respondent's license and privilege;~~];

(2) Establishes the date on which administrative revocation proceedings against the respondent were initiated;

(3) Serves as a temporary permit, if applicable, to operate a vehicle as provided in section 291E-33; and

(4) Notifies the respondent that the respondent shall obtain an ignition interlock permit and keep an ignition interlock device installed and operating in any vehicle the respondent operates during the revocation period if the respondent had a valid license at the time of the arrest."

SECTION 5. Section 291E-34, Hawaii Revised Statutes, is amended by amending subsections (b) through (e) to read as follows:

"(b) The notice, when completed by the law enforcement officer and issued to the respondent, shall contain at a minimum the following information relating to the incident that gives rise to the issuance of the notice of administrative revocation:

(1) Information identifying the respondent;

(2) The specific violation for which the respondent was arrested;

(3) The date issued and the date the administrative revocation is scheduled to go into effect;

(4) The expiration date of the temporary permit; and

(5) That the [~~issuance of the notice of administrative revocation will be administratively reviewed.~~] respondent may request an administrative review.

(1) That the review is not automatic[;] but will be done upon submission of a completed request from the respondent, if such request is submitted within eight days of the issuance of the notice of administrative revocation;

(2) That the respondent, [within three days of the issuance of the notice of administrative revocation in the case of an alcohol related offense and within seventeen days of the issuance of the notice of administrative revocation in the case of a drug related offense,] along with the request for review, may submit written information demonstrating why the respondent's license and privilege to operate a vehicle should not be administratively revoked;

(3) The address or location where the respondent may submit the request and information;

(4) That the respondent is not entitled to be present or represented at the administrative review; and

(5) That the administrative review decision shall be mailed to the respondent:

(A) No later than [~~eight~~] fourteen days after the date [~~of the issuance of the notice of administrative revocation in the case of an alcohol related offense; and~~] the request for administrative review was mailed or hand-delivered by the respondent in the case of an alcohol-related offense; and

(B) No later than [~~twenty-two~~] twenty-eight days after the date [~~of the issuance of the notice of administrative revocation in the case of a drug related offense.~~] the request for administrative review was mailed or hand-delivered by the respondent in the case of a drug related offense.

(d) The notice shall state that, if the administrative review determines that respondent's license and privilege to operate a vehicle [is] does not [~~administratively revoked after the review,~~] meet the requirements for administrative revocation, the respondent's license shall be returned, unless a subsequent alcohol or drug enforcement contact has occurred, along with a certified statement that the administrative revocation proceedings have been terminated.

(e) The notice shall state that, if the administrative review determines that respondent's license and privilege to operate a vehicle [~~is administratively revoked after the review,~~] does meet the requirements for administrative revocation, a decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, that shall contain, at a minimum, the following information:

(1) The reasons why the respondent's license and privilege to operate a vehicle is administratively revoked;

(2) That the respondent may request the director, within six days of the date the decision is mailed, to schedule an administrative hearing to review the administrative revocation;

(3) That, if the respondent's request for an administrative hearing is received by the director within six days of the date the decision was mailed, the hearing shall be scheduled to commence:

(A) No later than twenty-five days after the date [~~of the issuance of the notice of administrative revocation~~] the request for administrative review was mailed or hand-delivered by the respondent in the case of an alcohol related offense; and

(B) No later than thirty-nine days after the date [~~of the issuance of the notice of administrative revocation~~] the request for administrative review was mailed or hand-delivered by the respondent in the case of a drug related offense;

(4) The procedure to request an administrative hearing;

(5) That failure to request an administrative hearing within the time provided shall cause the administrative revocation to take effect for the period and under the conditions established by the director in the decision;

(6) That the respondent may regain the right to a hearing by requesting the director, within sixty days after the [~~issuance of the notice of administrative revocation,~~] date the request for administrative review was mailed or hand-delivered by the respondent, to schedule a hearing;

(7) That the director shall schedule the hearing to commence no later than thirty days after the date a request under paragraph (6) is received, but that, except as provided in section 291E-38(j), the temporary permit shall not be extended if the respondent fails to request an administrative hearing within the initial six-day period provided for that purpose;

(8) That failure to attend the hearing shall cause the administrative revocation to take effect for the period and under the conditions indicated;

(9) The duration of the administrative revocation and other conditions that may be imposed, including: referral to the driver's education program for an assessment of the respondent's substance abuse or dependence and the need for treatment; and

(10) That the respondent shall obtain an ignition interlock permit in order to operate a vehicle during the revocation period if the respondent had a valid license at the time of the arrest."

SECTION 6. Section 291E-37, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (a) and (b) to read:

"(a) The director [~~automatically~~] shall review the issuance of a notice of administrative revocation upon receipt of a completed request for administrative review, and shall issue a written decision [~~administratively revoking~~] confirming administrative revocation of the license and privilege to operate a vehicle or rescinding the notice of administrative revocation. The written review decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, no later than:

(1) [~~Eight~~] Fourteen days after the date the [~~notice was issued~~] request for administrative review was mailed or hand-delivered by the respondent in a case involving an alcohol related offense; or

(2) [~~Twenty-two~~] Twenty-eight days after the date the [~~notice was issued~~] request for administrative review was mailed or hand-delivered by the respondent in a case involving a drug related offense.

(b) The respondent shall have the opportunity to demonstrate in writing why the respondent's license and privilege to operate a vehicle should not be administratively revoked and, within [~~three~~] eight days of receiving the notice of administrative revocation, [~~as provided in section 291E-33, shall~~] may submit any written information[,] together with the completed request for administrative review, either by mail or in person, to the director's office or to any office or address designated by the director for that purpose."

2. By amending subsection (d) to read:

"(d) The director shall [~~administratively revoke~~] confirm administrative revocation of the respondent's license and privilege to operate a vehicle if the director determines that:

(1) There existed reasonable suspicion to stop the vehicle, the vehicle was stopped at an intoxicant control roadblock established and operated in compliance with sections 291E‑19 and 291E‑20, or the person was tested pursuant to section 291E‑21;

(2) There existed probable cause to believe that the respondent operated the vehicle while under the influence of an intoxicant; and

(3) The evidence proves by a preponderance that:

(A) The respondent operated the vehicle while under the influence of an intoxicant; or

(B) The respondent operated the vehicle and refused to submit to a breath, blood, or urine test after being informed:

(i) That the person may refuse to submit to testing in compliance with section 291E-11; and

(ii) Of the sanctions of this part and then asked if the person still refuses to submit to a breath, blood, or urine test, in compliance with the requirements of section 291E-15."

3. By amending subsections (f) and (g) to read:

"(f) If the director [~~administratively revokes~~] confirms administrative revocation of the respondent's license and privilege to operate a vehicle, the director shall mail a written review decision to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen. The written review decision shall:

(1) State the reasons for confirming the administrative revocation;

(2) Indicate that the respondent has six days from the date the decision is mailed to request an administrative hearing to [~~review~~] reconsider the director's decision;

(3) Explain the procedure by which to request an administrative hearing;

(4) Be accompanied by a form, postage prepaid, that the respondent may fill out and mail in order to request an administrative hearing;

(5) Inform the respondent of the right to [~~review~~] view and copy all documents considered at the review, including the arrest report and the sworn statements of law enforcement officers or other persons, prior to the hearing; and

(6) State that the respondent may be represented by counsel at the hearing, submit evidence, give testimony, and present and cross-examine witnesses, including the arresting law enforcement officer.

(g) Failure of the respondent to request a hearing within the time provided in section 291E‑38(a) shall cause the administrative revocation to take effect for the period and under the conditions provided in the administrative review decision issued by the director under this section. The respondent may regain the right to an administrative hearing by requesting the director, within sixty days of the [~~issuance of the notice of administrative revocation as provided in section 291E‑33,~~] date the request for administrative review was mailed or hand-delivered by the respondent, to schedule an administrative hearing. The administrative hearing shall then be scheduled to commence no later than thirty days after the date the request for hearing is received by the director. The administrative review decision issued by the director under this section shall explain clearly the consequences of failure to request an administrative hearing and the procedure by which the respondent may regain the right to a hearing."

SECTION 7. Section 291E-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) If the director [~~administratively revokes~~] confirms administrative revocation of the respondent's license and privilege to operate a vehicle after the administrative review, the respondent may request an administrative hearing to [~~review~~] reconsider the decision [~~within six days of the date the administrative review decision is mailed~~]. If the request for hearing is received by the director within six days of the date the administrative review decision is mailed, the hearing shall be scheduled to commence no later than:

(1) Twenty-five days from the date the [~~notice of administrative revocation was issued~~] request for administrative review was mailed or hand-delivered by the respondent in a case involving an alcohol related offense; or

(2) Thirty-nine days from the date the [~~notice of administrative revocation was issued~~] request for administrative review was mailed or hand-delivered by the respondent in a case involving a drug related offense.

The director may continue the hearing only as provided in subsection (j)."

SECTION 8. Section 291E-41, Hawaii Revised Statutes, is amended to read as follows:

"§291E-41 Effective date, conditions, and period of administrative revocation; criteria. (a) Unless an administrative revocation is rescinded or reversed or the temporary permit is 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-44.5, no license to operate a vehicle shall be restored under any circumstances 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) Except as provided in [~~paragraphs (4)(A)(ii) and~~] paragraph (5) and in section 291E-44.5, the respondent shall keep an ignition interlock device installed and operating in all vehicles operated by the respondent during the revocation period. Except as provided in section 291E-5, installation and maintenance of the ignition interlock device shall be at the respondent's expense. The periods of administrative revocation, with respect to a license to operate a vehicle, that shall be imposed under this part are as follows:

(1) [A] If the respondent's record shows no prior alcohol enforcement contact or drug enforcement contact during the ten years preceding the date the notice of administrative revocation was issued:

(A) A one year revocation of license to operate a vehicle[~~, if the respondent's record shows no prior alcohol enforcement contact or drug enforcement contact during the ten years preceding the date the notice of administrative revocation was issued~~]; or

(B) An eighteen-month revocation of license to operate a vehicle if the respondent is a highly intoxicated driver;

(2) [~~A two-year revocation of license to operate a vehicle, if~~] If the respondent's record shows one prior alcohol enforcement contact or drug enforcement contact during the ten years preceding the date the notice of administrative revocation was issued[;]:

(A) A two-year revocation of license to operate a vehicle; or

(B) A three-year revocation of license to operate a vehicle if the respondent is a highly intoxicated driver; and

(3) [~~A four-year revocation of license to operate a vehicle, if~~] If the respondent's record shows two or more prior alcohol enforcement contacts or drug enforcement contacts during the ten years preceding the date the notice of administrative revocation was issued[;]:

(A) A four-year revocation of license to operate a vehicle; or

(B) A six-year revocation of license to operate a vehicle if the respondent is a highly intoxicated driver.

[~~(4)~~ ~~For a respondent who is a highly intoxicated driver:~~

~~(A)~~ ~~If the respondent's record shows no prior alcohol enforcement contact or drug enforcement contact during the ten years preceding the date the notice of administrative revocation was issued:~~

~~(i)~~ ~~An eighteen-month revocation of license to operate a vehicle, with mandatory installation of an ignition interlock device in all vehicles operated by the respondent during the revocation period; or~~

~~(ii)~~ ~~A two-year revocation of license to operate a vehicle, without mandatory installation of an ignition interlock device in all vehicles operated by the respondent during the revocation period;~~

~~(B)~~ If the respondent's record shows one prior alcohol enforcement contact or drug enforcement contact during the ten years preceding the date the notice of administrative revocation was issued, a three-year revocation of license to operate a vehicle, with mandatory installation of an ignition interlock device in all vehicles operated by the respondent during the revocation period; and

~~(C)~~ If the respondent's record shows two or more prior alcohol enforcement contacts or drug enforcement contacts during the ten years preceding the date the notice of administrative revocation was issued, a six-year revocation of license to operate a vehicle, with mandatory installation of an ignition interlock device in all vehicles operated by the respondent during the revocation period;]

(4) If a respondent has refused to be tested after being informed:

(A) That the person may refuse to submit to testing in compliance with section 291E-11; and

(B) Of the sanctions of this part and then asked if the person still refuses to submit to a breath, blood, or urine test, in compliance with the requirements of section 291E-15,

the revocation imposed under subsection (b)(1), (2), or (3) shall be for a period of two years, four years, or eight years, respectively.

(5) For respondents under the age of eighteen years who were arrested for a violation of section 291E-61 or 291E-61.5, revocation of license and privilege to operate a vehicle for the appropriate revocation period provided in paragraphs (1) to [~~(3) or in subsection (c);~~] (4); provided that the respondent shall be prohibited from driving during the period preceding the respondent's eighteenth birthday and shall thereafter be subject to the ignition interlock requirement of this subsection for the balance of the revocation period; or

(6) For respondents, other than those excepted pursuant to section 291E-44.5(c), who do not install an ignition interlock device in all vehicles operated by the respondent during the revocation period, revocation of license to operate a vehicle for the period of revocation provided in paragraphs (1) to [~~(4)(A) or in subsection (c);~~] (4); provided that:

(A) The respondent shall be absolutely prohibited from driving during the revocation period and subject to the penalties provided by section 291E-62 if the respondent drives during the revocation period; and

(B) The director shall not issue an ignition interlock permit to the respondent pursuant to section 291E-44.5;

provided further 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) If a respondent has refused to be tested after being informed:~~

~~(1)~~ ~~That the person may refuse to submit to testing in compliance with section 291E-11; and~~

~~(2)~~ ~~Of the sanctions of this part and then asked if the person still refuses to submit to a breath, blood, or urine test, in compliance with the requirements of section 291E-15,~~

~~the revocation imposed under subsection (b)(1), (2), or (3) shall be for a period of two years, four years, or eight years, respectively.~~

~~(d)~~] (c) Whenever a license 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.

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

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

SECTION 9. (a) The department of the attorney general shall submit a report to the legislature no later than thirty days prior to the convening of the regular sessions of 2026, 2027, and 2028 that includes, for each county prosecuting attorney and the department of the attorney general:

(1) The number of cases referred by any state or local law enforcement agency, for operating a vehicle under the influence of an intoxicant pursuant to section 291E‑61, Hawaii Revised Statutes, and the number of cases charged, including a breakdown by type of charge if other than section 291E-61, Hawaii Revised Statutes;

(2) The number of cases referred by any state or local law enforcement agency, for habitually operating a vehicle under the influence of an intoxicant pursuant to section 291E-61.5, Hawaii Revised Statutes, and the number of cases charged, including a breakdown by type of charge if other than 291E-61.5, Hawaii Revised Statutes;

(3) The number of cases under paragraphs (1) and (2) that resulted in a conviction as charged;

(4) The number of cases under paragraphs (1) and (2) that were dismissed by the court;

(5) The number of cases under paragraphs (1) and (2) that ultimately pled to a different charge by agreement, and a breakdown by type of charge;

(6) The number of cases referred pursuant to section 291D‑13, Hawaii Revised Statutes, for operating a vehicle while impaired, under section 291E- , Hawaii Revised Statutes;

(7) A breakdown of outcomes for cases under paragraph (6); and

(8) Any other relevant information that the county prosecuting attorneys or the department of the attorney general may wish to include.

(b) No later than November 1 of 2025, 2026, and 2027, the prosecuting attorney of each county shall provide the department of the attorney general with the data to enable the department to complete the report under subsection (a); provided that the data and report submitted prior to the convening of the regular session of 2026, all required data shall be provided for both 2024 and 2025.

SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect on April 23, 2057.

THE SENATE	S.B. NO.	1285
THIRTY-THIRD LEGISLATURE, 2025		S.D. 2
STATE OF HAWAII