REPORT TITLE:
Implied Consent; Tests


DESCRIPTION:
Requires a blood test to be administered for purposes of implied
consent when there is reason to believe that the person has
ingested an inhalant.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3072
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO IMPLIED CONSENT.



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

 1      SECTION 1.  Section 286-151, Hawaii Revised Statutes, is
 
 2 amended by amending subsections (d) and (e) as follows:
 
 3      "(d)  If there is probable cause to believe that a person is
 
 4 in violation of section 291-7, then the person shall have the
 
 5 option to take a blood or urine test, or both, for the purpose of
 
 6 determining the drug content[.]; provided that if there is
 
 7 probable cause to believe that a person is under the influence of
 
 8 an inhalant, a blood test shall be taken.  Drug content shall be
 
 9 measured by the presence of any scheduled drug as provided in
 
10 section 291-7 or its metabolic products or both.  The person
 
11 shall be informed of the sanctions of section 286-157.3 for
 
12 failure to take either test.
 
13      (e)  A person who chooses to submit to a breath test under
 
14 subsection (c) also may be requested to submit to a blood or
 
15 urine test, if the officer has probable cause to believe that the
 
16 person was driving under the influence of any drug under
 
17 section 291-7 or the combined influence of alcohol and drugs and
 
18 the officer has probable cause to believe that a blood or urine
 
19 test will reveal evidence of the person being under the influence
 

 
Page 2                                                     3072
                                     S.B. NO.           
                                                        
                                                        

 
 1 of drugs.  The officer shall state in the officer's report the
 
 2 facts upon which that belief is based.  The person shall have the
 
 3 option to take a blood or urine test, or both, for the purpose of
 
 4 determining the person's drug content.  In cases in which the
 
 5 officer has reason to believe that the person has ingested an
 
 6 inhalant, a blood test shall be administered.  Results of a blood
 
 7 or urine test conducted to determine drug content also shall be
 
 8 admissible for the purpose of determining the person's alcohol
 
 9 content.  Submission to testing for drugs under subsection (d) or
 
10 this subsection shall not be a substitute for alcohol tests
 
11 requested under subsection (c)."
 
12      SECTION 2.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 3.  This Act shall take effect upon its approval.
 
15 
 
16                           INTRODUCED BY:_________________________