REPORT TITLE:
DUI; Drugs


DESCRIPTION:
Allows police to select choice of test for an arrestee for
driving under the influence of drugs or driving under the
influence of intoxicating liquor.  Permits refusal of test to be
admissible in other proceedings.  Changes definition of drugs.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2692
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DRIVING UNDER INFLUENCE.
 


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

 1      SECTION 1.  Section 286-151, Hawaii Revised Statutes, is
 
 2 amended to read 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 person's breath, blood, or urine
 
 9 for the purpose of determining alcohol concentration or drug
 
10 content of the person's 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
 

 
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 1           sanctions under part XIV and sections 286-151.5 and
 
 2           286-157.3.
 
 3      (c)  If there is probable cause to believe that a person is
 
 4 in violation of section 291-4 or section 291-4.3, then the person
 
 5 shall have the option to take a breath or blood test, or both,
 
 6 for the purpose of determining the alcohol concentration.
 
 7      (d)  If there is probable cause to believe that a person is
 
 8 in violation of section 291-7, then the [person] police officer
 
 9 shall [have the option] direct the person to take a blood or
 
10 urine test, or both, for the purpose of determining the drug
 
11 content.  Drug content shall be measured by the presence of any
 
12 scheduled drug as provided in section 291-7 or its metabolic
 
13 products or both.  The person shall be informed of the sanctions
 
14 of section 286-157.3 for failure to take either test.
 
15      (e)  A person who chooses to submit to a breath test under
 
16 subsection (c) also may be requested to submit to a blood or
 
17 urine test, if the officer has probable cause to believe that the
 
18 person was driving under the influence of any drug under
 
19 section 291-7 or the combined influence of alcohol and drugs and
 
20 the officer has probable cause to believe that a blood or urine
 
21 test will reveal evidence of the person being under the influence
 
22 of drugs.  The officer shall state in the officer's report the
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 facts upon which that belief is based.  The [person] police
 
 2 officer shall [have the option] direct the person to take a blood
 
 3 or urine test, or both, for the purpose of determining the
 
 4 person's drug content.  Results of a blood or urine test
 
 5 conducted to determine drug content also shall be admissible for
 
 6 the purpose of determining the person's alcohol content.
 
 7 Submission to testing for drugs under subsection (d) or this
 
 8 subsection shall not be a substitute for alcohol tests requested
 
 9 under subsection (c).
 
10      (f)  Any person tested pursuant to this section who is
 
11 convicted or has the person's license revoked pursuant to this
 
12 section may be ordered to reimburse the county for the cost of
 
13 any blood or urine tests, or both, conducted pursuant to this
 
14 section.  The court or the director under part XIV, as
 
15 applicable, shall order the person to make restitution in a lump
 
16 sum, or in a series of prorated installments, to the police
 
17 department or other agency incurring the expense of the blood or
 
18 urine test, or both."
 
19      SECTION 2.  Section 286-151.5, Hawaii Revised Statutes, is
 
20 amended by amending subsection (e) to read as follows:
 
21      "(e)  If a legally arrested person under the age of twenty-
 
22 one refuses to submit to a test of the person's breath or blood,
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 proof of refusal shall be admissible [only] in a hearing under
 
 2 this section or part XIV of this chapter and [shall not] may be
 
 3 admissible in any other action or proceeding, whether civil or
 
 4 criminal."
 
 5      SECTION 3.  Section 289-159, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "286-159  Proof of refusal; admissibility.  If a legally
 
 8 arrested person refuses to submit to a test of the person's
 
 9 breath or blood, evidence of refusal shall be admissible [only]
 
10 in a hearing under part XIV of this chapter and [shall not] may
 
11 be admissible in any other action or proceeding, whether civil or
 
12 criminal."
 
13      SECTION 4.  Section 286-159.5, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "[[]286-159.5[]]  Proof of refusal of drug testing;
 
16 admissibility.  If a legally arrested person refuses to submit to
 
17 a test of the person's blood or urine, proof of refusal shall be
 
18 admissible [only] in a hearing under section 286-157.4 or part
 
19 XIV and [shall not] may be admissible in any other action or
 
20 proceeding, whether civil or criminal."
 
21      SECTION 5.  Section 287-20, Hawaii Revised Statutes, is
 
22 amended by amending subsection (b) to read as follows:
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      "(b)  Whenever by reason of a conviction of, or adjudication
 
 2 under part V of chapter 571 by reason of, any of the offenses
 
 3 listed in this subsection, under the laws of the State or
 
 4 ordinances of any [political subdivision,] county, a court of
 
 5 competent jurisdiction has discretion to revoke or suspend a
 
 6 driver's license but does not revoke or suspend the license, the
 
 7 administrator [shall] nevertheless, after the expiration of
 
 8 thirty days from the date of conviction or adjudication, shall
 
 9 suspend the license and shall keep the [same] license suspended,
 
10 and the person so convicted or adjudicated shall not [thereafter]
 
11 operate a motor vehicle[,] thereafter, unless and until the
 
12 person so convicted or adjudicated furnishes and thereafter
 
13 maintains proof of financial responsibility.  The offenses
 
14 [referred to] are[:] violations of the following:
 
15      (1)  [Reckless or inattentive driving, driving while under
 
16           the influence of intoxicating liquor, driving while
 
17           under the influence of drugs, and driving while that
 
18           person's license has been suspended or revoked,]
 
19           Sections 291-2, 291-4(b)(2), 291-4(b)(3), 291-4.4,
 
20           291-4.5, 291-7(c)(2), 291-7(c)(3), and 291-12, except
 
21           when a person's license has been suspended or revoked
 
22           for the first conviction of driving without a motor
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           vehicle insurance policy; and
 
 2      (2)  Conviction or adjudication under part V of chapter 571
 
 3           by reason of any moving violation offense involving a
 
 4           motor vehicle if the motor vehicle is in any manner
 
 5           involved in an accident in which any person is killed
 
 6           or injured, or in which damage to property results to
 
 7           an apparent extent in excess of $3,000 and there are
 
 8           reasonable grounds for the administrator to believe
 
 9           that the defendant is at fault."
 
10      SECTION 6.  Section 291-7, Hawaii Revised Statutes, is
 
11 amended by amending subsection (a) to read as follows:
 
12      "(a)  A person commits the offense of driving under the
 
13 influence of drugs if the person operates or assumes actual
 
14 physical control of the operation of any vehicle while under the
 
15 influence of any drug [which] that impairs [such] the person's
 
16 ability to operate the vehicle in a careful and prudent manner.
 
17 The term "drug" as used in this section [shall mean any
 
18 controlled substance as defined and enumerated on schedules I
 
19 through IV of chapter 329.] means any chemical substance, natural
 
20 or synthetic, that impairs the person's normal mental faculties
 
21 or ability to care for the person and guard against casualty.
 
22 The fact that any person charged with violating this section is
 

 
 
 
Page 7                                                     2692
                                     H.B. NO.           
                                                        
                                                        

 
 1 or has been legally entitled to use alcohol or any drug shall not
 
 2 constitute a defense against a charge under this section."
 
 3      SECTION 7.  Sections 2, 3, and 4 of this Act shall apply to
 
 4 any proceeding in which the party seeking to admit the evidence
 
 5 has not yet rested.
 
 6      SECTION 8.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 9.  This Act shall take effect upon its approval.
 
 9 
 
10                           INTRODUCED BY:_________________________