REPORT TITLE:
Intoxicating liquor

DESCRIPTION:
Doubles penalties for driving under the influence of intoxicating
liquor at a blood-alcohol level of .17 or more grams of alcohol
per one hundred milliliters or cubic centimeters of blood or .17
or more grams of alcohol per two hundred ten liters of breath. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2775
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO INTOXICATING LIQUOR.



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

 1      SECTION 1.  Section 291-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  A person committing the offense of driving under the
 
 4 influence of intoxicating liquor shall be sentenced as follows
 
 5 without possibility of probation or suspension of sentence:
 
 6      (1)  For the first offense, or any offense not preceded
 
 7           within a five-year period by a conviction for driving
 
 8           under the influence of intoxicating liquor under this
 
 9           section or section 291-4.4, and the person has a
 
10           concentration of .08 but less than .17 grams of alcohol
 
11           per one hundred milliliters or cubic centimeters of
 
12           blood or .08 but less than .17 grams of alcohol per two
 
13           hundred ten liters of breath, by:
 
14           (A)  A fourteen-hour minimum alcohol abuse
 
15                rehabilitation program including education and
 
16                counseling, or other comparable program deemed
 
17                appropriate by the court; [and]
 
18           (B)  Ninety-day prompt suspension of license with
 
19                absolute prohibition from operating a motor
 

 
Page 2                                                     2775
                                     H.B. NO.           
                                                        
                                                        

 
 1                vehicle during suspension of license, or the court
 
 2                may impose, in lieu of the ninety-day prompt
 
 3                suspension of license, a minimum thirty-day prompt
 
 4                suspension of license with absolute prohibition
 
 5                from operating a motor vehicle and, for the
 
 6                remainder of the ninety-day period, a restriction
 
 7                on the license that allows the person to drive for
 
 8                limited work-related purposes and to participate
 
 9                in alcoholism treatment programs; and
 
10           (C)  Any one or more of the following:
 
11                (i)  Seventy-two hours of community service work;
 
12               (ii)  Not less than forty-eight hours and not more
 
13                     than five days of imprisonment; or
 
14              (iii)  A fine of not less than $150 but not more
 
15                     than $1,000[.];
 
16      (2)  For the first offense, or any offense not preceded
 
17           within a five-year period by a conviction for driving
 
18           under the influence of intoxicating liquor under this
 
19           section or section 291-4.4, and the person has a
 
20           concentration of .17 or more grams of alcohol per one
 
21           hundred milliliters or cubic centimeters of blood or
 
22           .17 or more grams of alcohol per two hundred ten liters
 
23           of breath, by:
 

 
Page 3                                                     2775
                                     H.B. NO.           
                                                        
                                                        

 
 1           (A)  A twenty eight-hour minimum alcohol abuse
 
 2                rehabilitation program including education and
 
 3                counseling, or other comparable program deemed
 
 4                appropriate by the court;
 
 5           (B)  One hundred eighty-day prompt suspension of
 
 6                license with absolute prohibition from operating a
 
 7                motor vehicle during suspension of license, or the
 
 8                court may impose, in lieu of the one hundred
 
 9                eighty-day prompt suspension of license, a minimum
 
10                sixty-day prompt suspension of license with
 
11                absolute prohibition from operating a motor
 
12                vehicle and, for the remainder of the one hundred
 
13                eighty-day period, a restriction on the license
 
14                that allows the person to drive for limited work-
 
15                related purposes and to participate in alcoholism
 
16                treatment programs; and
 
17           (C)  Any one or more of the following:
 
18                (i)  One hundred forty-four hours of community
 
19                     service work;
 
20               (ii)  Not less than ninety-six hours and not more
 
21                     than ten days of imprisonment; or
 
22              (iii)  A fine of not less than $300 but not more
 
23                     than $2,000;
 

 
Page 4                                                     2775
                                     H.B. NO.           
                                                        
                                                        

 
 1     [(2)] (3)  For an offense that occurs within five years of a
 
 2           prior conviction for driving under the influence of
 
 3           intoxicating liquor under this section or section 291-
 
 4           4.4, and the person has a concentration of .08 but less
 
 5           than .17 grams of alcohol per one hundred milliliters
 
 6           or cubic centimeters of blood or .08 but less than .17
 
 7           grams of alcohol per two hundred ten liters of breath,
 
 8           by:
 
 9           (A)  Prompt suspension of license for a period of one
 
10                year with the absolute prohibition from operating
 
11                a motor vehicle during suspension of license;
 
12           (B)  Either one of the following:
 
13                (i)  Not less than one hundred hours of community
 
14                     service work; or
 
15               (ii)  Not less than forty-eight consecutive hours
 
16                     but not more than fourteen days of
 
17                     imprisonment of which at least forty-eight
 
18                     hours shall be served consecutively; and
 
19           (C)  A fine of not less than $500 but not more than
 
20                $1,500[.];
 
21      (4)  For an offense that occurs within five years of a prior
 
22           conviction for driving under the influence of
 
23           intoxicating liquor under this section or section 291-
 

 
Page 5                                                     2775
                                     H.B. NO.           
                                                        
                                                        

 
 1           4.4, and the person has a concentration of .17 or more
 
 2           grams of alcohol per one hundred milliliters or cubic
 
 3           centimeters of blood or .17 or more grams of alcohol
 
 4           per two hundred ten liters of breath, by:
 
 5           (A)  Prompt suspension of license for a period of two
 
 6                years with the absolute prohibition from operating
 
 7                a motor vehicle during suspension of license;
 
 8           (B)  Either one of the following:
 
 9                (i)  Not less than two hundred hours of community
 
10                     service work; or
 
11               (ii)  Not less than ninety-six consecutive hours
 
12                     but not more than twenty-eight days of
 
13                     imprisonment of which at least ninety-six
 
14                     hours shall be served consecutively;
 
15                and
 
16           (C)  A fine of not less than $1,000 but not more than
 
17                $3,000;
 
18     [(3)] (5)  For an offense that occurs within five years of
 
19           two prior convictions for driving under the influence
 
20           of intoxicating liquor under this section or section
 
21           291-4.4, and the person has a concentration of .08 but
 
22           less than .17 grams of alcohol per one hundred
 
23           milliliters or cubic centimeters of blood or .08 but
 

 
Page 6                                                     2775
                                     H.B. NO.           
                                                        
                                                        

 
 1           less than .17 grams of alcohol per two hundred ten
 
 2           liters of breath, by:
 
 3           (A)  A fine of not less than $500 but not more than
 
 4                $2,500;
 
 5           (B)  Revocation of license for a period not less than
 
 6                one year but not more than five years; and
 
 7           (C)  Not less than ten days but not more than thirty
 
 8                days imprisonment of which at least forty-eight
 
 9                hours shall be served consecutively[.];
 
10      (6)  For an offense that occurs within five years of two
 
11           prior convictions for driving under the influence of
 
12           intoxicating liquor under this section or section 291-
 
13           4.4, and the person has a concentration of .17 or more
 
14           grams of alcohol per one hundred milliliters or cubic
 
15           centimeters of blood or .17 or more grams of alcohol
 
16           per two hundred ten liters of breath, by:
 
17           (A)  A fine of not less than $1,000 but not more than
 
18                $5,000;
 
19           (B)  Revocation of license for a period not less than
 
20                two years but not more than ten years; and
 
21           (C)  Not less than twenty days but not more than sixty
 
22                days imprisonment of which at least ninety-six
 
23                hours shall be served consecutively;
 

 
Page 7                                                     2775
                                     H.B. NO.           
                                                        
                                                        

 
 1     [(4)] (7)  Any person eighteen years of age or older, who is
 
 2           convicted under this section [and] who [operated]:
 
 3           (A)  Had a concentration of .08 but less than .17 grams
 
 4                of alcohol per one hundred milliliters or cubic
 
 5                centimeters of blood or .08 but less than .17
 
 6                grams of alcohol per two hundred ten liters of
 
 7                breath; and
 
 8           (B)  Operated or assumed actual physical control of a
 
 9                vehicle with a passenger, in or on the vehicle,
 
10                who was younger than fifteen years of age,
 
11           shall be sentenced to an additional mandatory fine of
 
12           $500, and an additional mandatory term of imprisonment
 
13           of forty-eight hours; provided[, however,] that the
 
14           total term of imprisonment for a person convicted under
 
15           this section shall not exceed [thirty] sixty days[.];
 
16      (8)  Any person eighteen years of age or older, who is
 
17           convicted under this section who:
 
18           (A)  Had a concentration of .17 or more grams of
 
19                alcohol per one hundred milliliters or cubic
 
20                centimeters of blood or .17 or more grams of
 
21                alcohol per two hundred ten liters of breath; and
 
22           (B)  Operated or assumed actual physical control of a
 
23                vehicle with a passenger, in or on the vehicle,
 
24                who was younger than fifteen years of age,
 

 
Page 8                                                     2775
                                     H.B. NO.           
                                                        
                                                        

 
 1           shall be sentenced to an additional mandatory fine of
 
 2           $1,000, and an additional mandatory term of
 
 3           imprisonment of ninety-six hours; provided that the
 
 4           total term of imprisonment for a person convicted under
 
 5           this section shall not exceed sixty days.
 
 6      Notwithstanding any other law to the contrary, any
 
 7 conviction for driving under the influence of intoxicating liquor
 
 8 under this section or section 291-4.4 shall be considered a prior
 
 9 conviction for purposes of imposing sentence under this section.
 
10      No license suspension or revocation shall be imposed
 
11 pursuant to this subsection if the person's license has
 
12 previously been administratively revoked pursuant to part XIV of
 
13 chapter 286 for the same offense; provided that, if the
 
14 administrative revocation is subsequently reversed, the person's
 
15 license shall be suspended or revoked as provided in this
 
16 subsection."
 
17      SECTION 3.  Section 291-4.3, Hawaii Revised Statutes, is
 
18 amended by amending subsections (b) and (c) to read as follows:
 
19      "(b)  A person who violates this section shall be sentenced
 
20 as follows:
 
21      (1)  For a first violation or any violation not preceded
 
22           within a five-year period by a prior alcohol
 
23           enforcement contact[:], and the person had a
 

 
Page 9                                                     2775
                                     H.B. NO.           
                                                        
                                                        

 
 1           concentration of .08 but less than .17 grams of alcohol
 
 2           per one hundred milliliters or cubic centimeters of
 
 3           blood or .08 but less than .17 grams of alcohol per two
 
 4           hundred ten liters of breath:
 
 5           (A)  The court shall impose:
 
 6                (i)  A requirement that the person and, if the
 
 7                     person is under the age of eighteen, the
 
 8                     person's parent or guardian attend an alcohol
 
 9                     abuse education and counseling program for
 
10                     not more than ten hours; and
 
11               (ii)  One hundred eighty-day prompt suspension of
 
12                     license with absolute prohibition from
 
13                     operating a motor vehicle during suspension
 
14                     of license, or in the case of a person
 
15                     eighteen years of age or older, the court may
 
16                     impose, in lieu of the one hundred eighty-day
 
17                     prompt suspension of license, a minimum
 
18                     thirty-day prompt suspension of license with
 
19                     absolute prohibition from operating a motor
 
20                     vehicle and, for the remainder of the one
 
21                     hundred eighty-day period, a restriction on
 
22                     the license that allows the person to drive
 

 
 
 
Page 10                                                    2775
                                     H.B. NO.           
                                                        
                                                        

 
 1                     for limited work-related purposes and to
 
 2                     participate in alcohol abuse education and
 
 3                     treatment programs; and
 
 4           (B) In addition, the court may impose any one or more
 
 5               of the following:
 
 6                (i)  Not more than thirty-six hours of community
 
 7                     service work; or
 
 8               (ii)  A fine of not less than $150 but not more
 
 9                     than $500[.];
 
10      (2)  For a first violation or any violation not preceded
 
11           within a five-year period by a prior alcohol
 
12           enforcement contact, and the person had a concentration
 
13           of .17 or more grams of alcohol per one hundred
 
14           milliliters or cubic centimeters of blood or .17 or
 
15           more grams of alcohol per two hundred ten liters of
 
16           breath:
 
17           (A)  The court shall impose:
 
18                (i)  A requirement that the person and, if the
 
19                     person is under the age of eighteen, the
 
20                     person's parent or guardian attend an alcohol
 
21                     abuse education and counseling program for
 
22                     not more than twenty hours; and
 

 
 
 
Page 11                                                    2775
                                     H.B. NO.           
                                                        
                                                        

 
 1                (ii) Three hundred sixty-day prompt suspension of
 
 2                     license with absolute prohibition from
 
 3                     operating a motor vehicle during suspension
 
 4                     of license, or in the case of a person
 
 5                     eighteen years of age or older, the court may
 
 6                     impose, in lieu of the three hundred sixty-
 
 7                     day prompt suspension of license, a minimum
 
 8                     sixty-day prompt suspension of license with
 
 9                     absolute prohibition from operating a motor
 
10                     vehicle and, for the remainder of the three
 
11                     hundred sixty-day period, a restriction on
 
12                     the license that allows the person to drive
 
13                     for limited work-related purposes and to
 
14                     participate in alcohol abuse education and
 
15                     treatment programs; 
 
16                and
 
17           (B)  In addition, the court may impose any one or more
 
18                of the following:
 
19                (i)  Not more than seventy-two hours of community
 
20                     service work; or
 
21               (ii)  A fine of not less than $300 but not more
 
22                     than $1,000;
 

 
 
 
Page 12                                                    2775
                                     H.B. NO.           
                                                        
                                                        

 
 1     [(2)] (3)  For a violation that occurs within five years of a
 
 2           prior alcohol enforcement contact[:], and the person
 
 3           had a concentration of .08 but less than .17 grams of
 
 4           alcohol per one hundred milliliters or cubic
 
 5           centimeters of blood or .08 but less than .17 grams of
 
 6           alcohol per two hundred ten liters of breath:
 
 7           (A)  The court shall impose prompt suspension of
 
 8                license for a period of one year with the absolute
 
 9                prohibition from operating a motor vehicle during
 
10                suspension of license; and
 
11           (B)  In addition, the court may impose any of the
 
12                following:
 
13                (i)  Not more than fifty hours of community
 
14                     service work; or
 
15               (ii)  A fine of not less than $300 but not more
 
16                     than $1,000[.];
 
17      (4)  For a violation that occurs within five years of a
 
18           prior alcohol enforcement contact, and the person had a
 
19           concentration of .17 or more grams of alcohol per one
 
20           hundred milliliters or cubic centimeters of blood or
 
21           .17 or more grams of alcohol per two hundred ten liters
 
22           of breath:
 

 
 
 
Page 13                                                    2775
                                     H.B. NO.           
                                                        
                                                        

 
 1           (A)  The court shall impose prompt suspension of
 
 2                license for a period of two years with the
 
 3                absolute prohibition from operating a motor
 
 4                vehicle during suspension of license; and
 
 5           (B)  In addition, the court may impose any of the
 
 6                following:
 
 7                (i)  Not more than one hundred hours of community
 
 8                     service work; or
 
 9               (ii)  A fine of not less than $600 but not more
 
10                     than $2,000;
 
11     [(3)] (5)  For a violation that occurs within five years of
 
12           two prior alcohol enforcement contacts[:], and the
 
13           person had a concentration of .08 but less than .17
 
14           grams of alcohol per one hundred milliliters or cubic
 
15           centimeters of blood or .08 but less than .17 grams of
 
16           alcohol per two hundred ten liters of breath:
 
17           (A)  The court shall impose revocation of license for a
 
18                period of two years; and
 
19           (B)  In addition, the court may impose any of the
 
20                following:
 
21                (i)  Not more than one hundred hours of community
 
22                     service work; or
 
23               (ii)  A fine of not less than $300 but not more
 
24                     than $1,000.
 

 
Page 14                                                    2775
                                     H.B. NO.           
                                                        
                                                        

 
 1     (6)   For a violation that occurs within five years of two
 
 2           prior alcohol enforcement contacts, and the person had
 
 3           a concentration of .17 or more grams of alcohol per one
 
 4           hundred milliliters or cubic centimeters of blood or
 
 5           .17 or more grams of alcohol per two hundred ten liters
 
 6           of breath:
 
 7           (A)  The court shall impose revocation of license for a
 
 8                period of four years; and
 
 9           (B)  In addition, the court may impose any of the
 
10                following:
 
11                (i)  Not more than two hundred hours of community
 
12                     service work; or
 
13               (ii)  A fine of not less than $600 but not more
 
14                     than $2,000;
 
15           and
 
16     [(4)] (7)  Notwithstanding any other law to the contrary, any
 
17           conviction or plea under this section shall be
 
18           considered a prior alcohol enforcement contact.
 
19      (c)  Whenever a court sentences a person pursuant to
 
20 subsection (b)(2) [or (3),] through (6), it also shall require
 
21 that the person be referred to a substance abuse counselor who
 
22 has been certified pursuant to section 321-193 for an assessment
 
23 of the person's  alcohol abuse or dependence and the need for
 

 
Page 15                                                    2775
                                     H.B. NO.           
                                                        
                                                        

 
 1 appropriate treatment.  The counselor shall submit a report with
 
 2 recommendations to the court.  The court shall require the person
 
 3 to obtain appropriate treatment if the counselor's assessment
 
 4 establishes the person's alcohol abuse or dependence.  All costs
 
 5 for assessment or treatment or both shall be borne by the person
 
 6 or by the person's parent or guardian, if the person is under the
 
 7 age of eighteen."
 
 8      SECTION 4.  This Act does not affect rights and duties that
 
 9 matured, penalties that were incurred, and proceedings that were
 
10 begun, before its effective date.
 
11      SECTION 5.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 6.  This Act shall take effect upon its approval.
 
14 
 
15                           INTRODUCED BY:_________________________