REPORT TITLE:
DUI; Blood-Alcohol Level


DESCRIPTION:
Lowers the legal alcohol concentration level for driving under
the influence of intoxicating liquor related offenses from .08 to
.04.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2169
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO ALCOHOL CONCENTRATION LEVELS.



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

 1      SECTION 1.  The legislature finds that research and field
 
 2 literature demonstrate some driving-related impairment for many
 
 3 people at any level of blood-alcohol content.  Substantial and
 
 4 consistent impairment begins at .04 per cent to .05 per cent
 
 5 blood-alcohol content.  As blood-alcohol content levels increase,
 
 6 so do individual impairment and the likelihood of impairment
 
 7 across the entire population.  The risk of fatal crashes greatly
 
 8 increases at .04 per cent to .05 per cent blood-alcohol content,
 
 9 with greatly increased risk at .10 per cent blood-alcohol
 
10 content.
 
11      The Alcohol and the Impaired Driver:  A Manual on the
 
12 Medicolegal Aspects of Chemical Tests for Intoxication, published
 
13 in 1968 by the American Medical Association, concluded:
 
14      "Analysis of the epidemiological studies indicates that
 
15      a clear relationship exists between the consumption of
 
16      alcoholic beverages and the frequency of involvement in
 
17      vehicular accidents....
 
18      All studies indicate a proportionality in the
 
19      probability of being involved in an auto accident with
 
20      the increase in blood-alcohol level....  It is apparent
 

 
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 1      that impairment in some drivers commences at a low
 
 2      level and 0.04 percent w/v (40 mg/100 ml) seems to be
 
 3      the threshold.  ...Despite...limitations all of the
 
 4      results of the tests, both real and simulated, have led
 
 5      to the conclusion that driving skill deteriorates with
 
 6      a relatively low blood-alcohol level, certainly less
 
 7      than 0.05 percent w/v (50 mg/100 ml)."
 
 8      A recent American Medical Association report on drivers
 
 9 impaired by alcohol reported the extent and cost of alcohol-
 
10 impaired driving in the United States as follows:
 
11      "In 1995, alcohol-related motor vehicle crashes
 
12      resulted in 17,274 deaths in the United States with
 
13      intoxication rates in fatal crashes highest for persons
 
14      aged 21 to 24.  These deaths represent an average of
 
15      one alcohol-related fatality every 30 minutes.  In
 
16      addition, more than 300,000 persons were injured in
 
17      crashes where police reported the presence of alcohol.
 
18      That represents one person injured approximately every
 
19      2 minutes.  Over their lifetimes, about 2 in every 5
 
20      Americans will be involved in an alcohol-related crash.
 
21      The economic costs of drinking and driving also are
 
22      quite high.  One researcher estimated that in 1990
 
23      alcohol-related motor vehicle crashes cost the nation
 

 
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                                     S.B. NO.           2169
                                                        
                                                        

 
 1      $3.87 billion, exclusive of the economic costs of
 
 2      medical services, morbidity, and mortality.  This
 
 3      amounted to 3.9% of total economic costs of alcohol
 
 4      abuse.  Reviewing the motor vehicle crash data for
 
 5      1994, the National Highway Traffic Safety
 
 6      Administration (NHTSA) estimated that alcohol-involved
 
 7      crashes caused $45 billion or 30% of all crash costs,
 
 8      including 17% of property damage-only crash costs, 29%
 
 9      of nonfatal injury crash costs and 47% of fatal injury
 
10      crash costs....
 
11      Overall, the alcohol-attributable medical spending for
 
12      driving under the influence (DUI) is estimated at $5.4
 
13      billion per year, with each victim bearing an average
 
14      cost of $36,000."
 
15      The legislature finds that experience has shown in this
 
16 nation and in others that lower blood-alcohol content levels have
 
17 resulted in substantially fewer motor vehicle crashes, injuries,
 
18 and deaths.  The combination of this experience with clinical and
 
19 experimental research points to the need to further lower legal
 
20 blood-alcohol content levels to reduce the problems related to
 
21 alcohol-impaired driving.
 
22      Accordingly, the purpose of this Act is to lower the legal
 
23 alcohol concentration level for driving under the influence of
 

 
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                                     S.B. NO.           2169
                                                        
                                                        

 
 1 intoxicating liquor related offenses from .08 to .04.
 
 2      SECTION 2.  Section 286-256, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "286-256  Immediate restoration of license.  If a test
 
 5 conducted in accordance with part VII and section 321-161 and the
 
 6 rules adopted thereunder shows that the arrestee's alcohol
 
 7 concentration was less than [.08,] .04, the director or the
 
 8 arresting agency immediately shall [immediately] return the
 
 9 arrestee's license along with a certified statement that
 
10 administrative revocation proceedings have been terminated with
 
11 prejudice."
 
12      SECTION 3.  Section 286-257, Hawaii Revised Statutes, is
 
13 amended by amending subsection (a) to read as follows:
 
14      "(a)  Whenever a person:  is arrested for a violation of
 
15 section 291-4 or 291-4.4 and submits to a test that establishes
 
16 that the arrestee's alcohol concentration was [.08] .04 or more;
 
17 or has been involved in a collision resulting in injury or death
 
18 and a blood test performed pursuant to section 286-163
 
19 establishes that the person's alcohol concentration was [.08]
 
20 .04 or more, the following shall be immediately forwarded to the
 
21 director:
 
22      (1)  A copy of the arrest report or the report of the
 
23           officer who issued the notice of administrative
 

 
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                                     S.B. NO.           2169
                                                        
                                                        

 
 1           revocation to the person involved in a collision
 
 2           resulting in injury or death and the sworn statement of
 
 3           the arresting officer or the officer who issued the
 
 4           notice of administrative revocation stating facts that
 
 5           establish that:
 
 6           (A)  There was reasonable suspicion to stop the motor
 
 7                vehicle, the motor vehicle was stopped at an
 
 8                intoxication and drug control roadblock
 
 9                established and operated in compliance with
 
10                sections 286-162.5 and 286-162.6, or the person
 
11                was tested pursuant to section 286-163;
 
12           (B)  There was probable cause to believe that the
 
13                arrestee had been driving, operating, or in actual
 
14                physical control of the motor vehicle while under
 
15                the influence of intoxicating liquor;
 
16           (C)  The arrestee was informed:  of the sanctions of
 
17                this part[,]; that criminal charges may be
 
18                filed[,]; and of the consequences of refusing to
 
19                be tested for alcohol concentration; and
 
20           (D)  The arrestee agreed to be tested or the person was
 
21                tested pursuant to section 286-163;
 
22      (2)  The sworn statement of the person responsible for
 
23           maintenance of the testing equipment stating facts that
 

 
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                                     S.B. NO.           2169
                                                        
                                                        

 
 1           establish that pursuant to section 321-161 and rules
 
 2           adopted thereunder:
 
 3           (A)  The equipment used to conduct the test was
 
 4                approved for use as an alcohol testing device in
 
 5                this State;
 
 6           (B)  The person had been trained, and at the time the
 
 7                test was conducted, was certified and capable of
 
 8                maintaining the testing equipment; and
 
 9           (C)  The testing equipment used had been properly
 
10                maintained and was in good working condition when
 
11                the test was conducted;
 
12      (3)  The sworn statement of the person who conducted the
 
13           test stating facts that establish that pursuant to
 
14           section 321-161 and rules adopted thereunder:
 
15           (A)  The person was trained, and at the time the test
 
16                was conducted, was certified and capable of
 
17                operating the testing equipment;
 
18           (B)  The person followed the procedures established for
 
19                conducting the test;
 
20           (C)  The equipment used to conduct the test functioned
 
21                in accordance with operating procedures and
 
22                indicated that the person's alcohol concentration
 
23                was at, or above, the prohibited level; and
 

 
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                                     S.B. NO.           2169
                                                        
                                                        

 
 1           (D)  The person whose breath or blood was tested was
 
 2                the person arrested;
 
 3      (4)  A copy of the notice of administrative revocation
 
 4           issued to the arrestee;
 
 5      (5)  Any driver's license taken into possession by the
 
 6           arresting officer; and
 
 7      (6)  A listing of any prior alcohol enforcement contacts
 
 8           involving the arrestee."
 
 9      SECTION 4.  Section 286-258, Hawaii Revised Statutes, is
 
10 amended by amending subsection (d) to read as follows:
 
11      "(d)  The director shall administratively revoke the
 
12 arrestee's driver's license if the director determines that:
 
13      (1)  There existed reasonable suspicion to stop the motor
 
14           vehicle, the motor vehicle was stopped at an
 
15           intoxication and drug control roadblock established and
 
16           operated in compliance with sections 286-162.5 and
 
17           286-162.6, or the person was tested pursuant to section
 
18           286-163;
 
19      (2)  There existed probable cause to believe that the
 
20           arrestee drove, operated, or was in actual physical
 
21           control of the motor vehicle while under the influence
 
22           of intoxicating liquor; and
 
23      (3)  The evidence proves by a preponderance that the
 

 
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                                     S.B. NO.           2169
                                                        
                                                        

 
 1           arrestee drove, operated, or was in actual physical
 
 2           control of the motor vehicle while under the influence
 
 3           of intoxicating liquor or while having an alcohol
 
 4           concentration of [.08] .04 or more or that the arrestee
 
 5           refused to submit to a breath or blood test after being
 
 6           informed of the sanctions of this part."
 
 7      SECTION 5.  Section 286-259, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (e) to read as follows:
 
 9      "(e)  The director shall affirm the administrative
 
10 revocation only if the director determines that:
 
11      (1)  There existed reasonable suspicion to stop the motor
 
12           vehicle or the motor vehicle was stopped at an
 
13           intoxication control roadblock established and operated
 
14           in compliance with sections 286-162.5 and 286-162.6;
 
15      (2)  There existed probable cause to believe that the
 
16           arrestee drove, operated, or was in actual physical
 
17           control of the motor vehicle while under the influence
 
18           of intoxicating liquor; and
 
19      (3)  The evidence proves by a preponderance that the
 
20           arrestee drove, operated, or was in actual physical
 
21           control of the motor vehicle while under the influence
 
22           of intoxicating liquor or while having an alcohol
 
23           concentration of [.08] .04 or more or that the arrestee
 

 
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                                     S.B. NO.           2169
                                                        
                                                        

 
 1           refused to submit to a breath or blood test after being
 
 2           informed of the sanctions of this part."
 
 3      SECTION 6.  Section 291-4, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "(a)  A person commits the offense of driving under the
 
 6 influence of intoxicating liquor if:
 
 7      (1)  The person operates or assumes actual physical control
 
 8           of the operation of any vehicle while under the
 
 9           influence of intoxicating liquor, meaning that the
 
10           person concerned is under the influence of intoxicating
 
11           liquor in an amount sufficient to impair the person's
 
12           normal mental faculties or ability to care for
 
13           [oneself] one's self and guard against casualty; or
 
14      (2)  The person operates or assumes actual physical control
 
15           of the operation of any vehicle with [.08] .04 or more
 
16           grams of alcohol per one hundred milliliters or cubic
 
17           centimeters of blood or [.08] .04 or more grams of
 
18           alcohol per two hundred ten liters of breath."
 
19      SECTION 7.  Section 291-4.3, Hawaii Revised Statutes, is
 
20 amended by amending subsection (a) to read as follows:
 
21      "(a)  It shall be unlawful for any person under the age of
 
22 twenty-one years to drive, operate, or assume actual physical
 
23 control of the operation of any vehicle with a measurable amount
 

 
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                                     S.B. NO.           2169
                                                        
                                                        

 
 1 of alcohol concentration.  A law enforcement officer may arrest a
 
 2 person under this section when the officer has probable cause to
 
 3 believe the arrested person is under the age of twenty-one and
 
 4 had been driving or was in actual physical control of a motor
 
 5 vehicle or moped upon the public highways with a measurable
 
 6 amount of alcohol.  For purposes of this section, "measurable
 
 7 amount of alcohol" means a test result equal to or greater than
 
 8 .02 but less than [.08] .04 grams of alcohol per one hundred
 
 9 milliliters or cubic centimeters of blood or equal to or greater
 
10 than .02 but less than [.08] .04 grams of alcohol per two hundred
 
11 ten liters of breath."
 
12      SECTION 8.  Section 291-4.4, Hawaii Revised Statutes, is
 
13 amended by amending subsection (a) to read as follows:
 
14      "(a)  A person commits the offense of habitually driving
 
15 under the influence of intoxicating liquor or drugs if, during a
 
16 ten-year period the person has been convicted three or more times
 
17 for a driving under the influence offense; and
 
18      (1)  The person operates or assumes actual physical control
 
19           of the operation of any vehicle while under the
 
20           influence of intoxicating liquor, meaning that the
 
21           person is under the influence of intoxicating liquor in
 
22           an amount sufficient to impair the person's normal
 
23           mental faculties or ability to care for [oneself] one's
 

 
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                                     S.B. NO.           2169
                                                        
                                                        

 
 1           self and guard against casualty;
 
 2      (2)  The person operates or assumes actual physical control
 
 3           of the operation of any vehicle with [.08] .04 or more
 
 4           grams of alcohol per one hundred milliliters or cubic
 
 5           centimeters of blood or [.08] .04 or more grams of
 
 6           alcohol per two hundred ten liters of breath; or
 
 7      (3)  A person operates or assumes actual physical control of
 
 8           the operation of any vehicle while under the influence
 
 9           of any drug [which] that impairs [such] the person's
 
10           ability to operate the vehicle in a careful and prudent
 
11           manner.  The term "drug" as used in this section shall
 
12           mean any controlled substance as defined and enumerated
 
13           on schedules I through IV of chapter 329."
 
14      SECTION 9.  Section 291-5, Hawaii Revised Statutes, is
 
15 amended by amending subsections (a) and (b) to read as follows:
 
16      "(a)  In any criminal prosecution for a violation of section
 
17 291-4, [.08] .04 or more grams of alcohol per one hundred
 
18 milliliters or cubic centimeters of the defendant's blood or
 
19 [.08] .04 or more grams of alcohol per two hundred ten liters of
 
20 the defendant's breath within three hours after the time of the
 
21 alleged violation, as shown by chemical analysis or other
 
22 approved analytical techniques of the defendant's blood or
 
23 breath, shall be competent evidence that the defendant was under
 

 
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                                     S.B. NO.           2169
                                                        
                                                        

 
 1 the influence of intoxicating liquor at the time of the alleged
 
 2 violation.
 
 3      (b)  In any criminal prosecution for a violation of section
 
 4 291-4, the amount of alcohol found in the defendant's blood or
 
 5 breath within three hours after the time of the alleged
 
 6 violation, as shown by chemical analysis or other approved
 
 7 analytical techniques of the defendant's blood or breath, shall
 
 8 be competent evidence that the defendant was under the influence
 
 9 of intoxicating liquor at the time of the alleged violation and
 
10 shall give rise to the following presumptions:
 
11      (1)  If there were [.05 or] less than .02 grams of alcohol
 
12           per one hundred milliliters or cubic centimeters of
 
13           blood or [.05 or] less than .02 grams of alcohol per
 
14           two hundred ten liters of defendant's breath, it shall
 
15           be presumed that the defendant was not under the
 
16           influence of intoxicating liquor at the time of the
 
17           alleged violation; and
 
18      (2)  If there were in excess of [.05] .02 grams of alcohol
 
19           per one hundred milliliters or cubic centimeters of
 
20           defendant's blood or [.05] .02 grams of alcohol per two
 
21           hundred ten liters of defendant's breath, but less than
 
22           [.08] .04 grams of alcohol per one hundred milliliters
 
23           or cubic centimeters of defendant's blood or [.08] .04
 

 
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                                     S.B. NO.           2169
                                                        
                                                        

 
 1           grams of alcohol per two hundred ten liters of
 
 2           defendant's breath, that fact may be considered with
 
 3           other competent evidence in determining whether [or
 
 4           not] the defendant was [at the time of the alleged
 
 5           violation] under the influence of intoxicating liquor
 
 6           at the time of the alleged violation, but shall not of
 
 7           itself give rise to any presumption."
 
 8      SECTION 10.  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 11.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 12.  This Act shall take effect upon its approval.
 
14 
 
15                           INTRODUCED BY:_________________________