REPORT TITLE: 
Highway safety


DESCRIPTION:
Authorizes a drug or alcohol test for habitually driving under
the influence of drugs or alcohol.  Authorizes use of a
preliminary alcohol screen analysis in establishing probable
cause for a DUI arrest.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2128 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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:

 1      SECTION 1.   Section 286-151, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      "286-151  Implied consent of driver of motor vehicle or
 
 4 moped to submit to testing to determine alcohol concentration and
 
 5 drug content.(a) Any person who operates a motor vehicle or
 
 6 moped on the public highways of the State shall be deemed to have
 
 7 given consent, subject to this part, to a test or tests approved
 
 8 by the director of health, of the persons breath, blood, or urine
 
 9 for the purpose of determining alcohol concentration or drug
 
10 content of the persons breath, blood, or urine, as applicable.
 
11      (b)  The test or tests shall be administered at the request
 
12 of a police officer having probable cause to believe the person
 
13 driving or in actual physical control of a motor vehicle or moped
 
14 upon the public highways is under the influence of intoxicating
 
15 liquor or drugs, or is under the age of twenty-one and has a
 
16 measurable amount of alcohol concentration, only after:
 
17      (1)  A lawful arrest; and
 
18      (2)  The person has been informed by a police officer of the 
 
19      sanctions under part XIV and sections 286-151.5 and 286-
 
20      157.3. 
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (c)  If there is probable cause to believe that a person is
 
 2 in violation of [section] sections 291-4 [or section], 291-4.3,
 
 3 or 291-4.4, then the person shall have the option to take a
 
 4 breath or blood test, or both, for the purpose of determining the
 
 5 alcohol concentration.
 
 6      (d)  If there is probable cause to believe that a person is
 
 7 in violation of section 291-7, then the person shall have the
 
 8 option to take a blood or urine test, or both, for the purpose of
 
 9 determining the drug content.  Drug content shall be measured by
 
10 the presence of any scheduled drug as provided in section 291-7
 
11 or its metabolic products or both.  The person shall be informed
 
12 of the sanctions of section 286-157.3 for failure to take either
 
13 test. 
 
14      (e)  A person who chooses to submit to a breath test under
 
15 subsection (c) also may be requested to submit to a blood or
 
16 urine test if the officer has probable cause to believe that the
 
17 person was driving under the influence of any drug under section
 
18 291-7 or the combined influence of alcohol and drugs and the
 
19 officer has probable cause to believe that the blood or urine
 
20 test will reveal evidence of the person being under the influence
 
21 of drugs.  The officer shall state in the officers report the
 
22 facts upon which that belief is based.  The person shall have the
 
23 option to take a blood or urine test, or both, for the purpose of
 

 
Page 3                                                     2128 
                                     H.B. NO.           
                                                        
                                                        

 
 1 determining the persons drug content.  Results of a blood or
 
 2 urine test conducted to determine drug content also shall be
 
 3 admissible for the purpose of determining the persons alcohol
 
 4 content.  Submission to testing for drugs under subsection (d) or
 
 5 this subsection shall not be a substitute for alcohol tests
 
 6 requested under subsection (c). 
 
 7      (f)  A preliminary alcohol screen shall not be a substitute
 
 8 for a breath, blood, or urine test required under this section.
 
 9 The analysis from a preliminary alcohol screen shall be
 
10 considered as probable cause for the arrest only.
 
11      (g)  For the purpose of this section:
 
12      "Preliminary alcohol screening device" means a device
 
13 designed to detect and verify the presence of alcohol or provide
 
14 an estimated value of alcohol concentration."
 
15      SECTION 2.  This Act does not affect rights and duties that
 
16 matured, penalties that were incurred, and proceedings that were
 
17 begun, before its effective date.
 
18      SECTION 3.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored. 
 
20      SECTION 4.  This Act shall take effect upon its approval.
 
21 
 
22                          INTRODUCED BY:__________________________