REPORT TITLE:
Driver's License Revocation


DESCRIPTION:
Amends the law relating to administrative revocation of driver's
licenses to include revocation of all motor vehicle registrations
issued to a driver who has been convicted of a previous violation
of driving under the influence of intoxicating liquor or
habitually driving under the influence of liquor or drugs.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ADMINISTRATIVE REVOCATION OF DRIVER'S LICENSES.



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

 1      SECTION 1.  The legislature finds that section 5 of the
 
 2 federal TEA-21 Restoration Act establishes a new program under
 
 3 Section 164 of Chapter 1, Title 23 U.S.C., encouraging states to
 
 4 enact repeat intoxicated driver laws.  States which do not have a
 
 5 repeat intoxicated driver law by October 1, 2000, will transfer
 
 6 1.5 per cent of federal aid highway funds to the State's Section
 
 7 402 state and community highway safety funds for the first two
 
 8 years.  If this measure is not enacted by September 30, 2001,
 
 9 three per cent of the State's federal aid highway funds will be
 
10 transferred until the State enacts this legislation.
 
11      The legislature further finds that each state is required to
 
12 have in effect a repeat intoxicated driver law which provides, as
 
13 a minimum penalty, if a person has been convicted of a previous
 
14 driving under the influence violation:
 
15      (1)  A driver's license suspension for not less than one
 
16           year;
 
17      (2)  Vehicle impoundment, immobilization of each of the
 
18           individual's motor vehicles, or the installation of an
 
19           ignition interlock system on each of the motor
 

 
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 1           vehicles;
 
 2      (3)  An assessment of the individual's degree of abuse of
 
 3           alcohol and treatment;
 
 4      (4)  For a second offense, not less than thirty days
 
 5           community service or five days of imprisonment; and
 
 6      (5)  For third and subsequent offenses, not less than sixty
 
 7           days community service or ten days of imprisonment.
 
 8      Accordingly, the purpose of this Act is to amend the law
 
 9 relating to the administrative revocation of driver's licenses by
 
10 expanding that law to include the revocation of all motor vehicle
 
11 registrations issued to a driver who has been convicted of a
 
12 previous violation of driving under the influence of intoxicating
 
13 liquor (section 291-4, Hawaii Revised Statutes) or habitually
 
14 driving under the influence of intoxicating liquor or drugs
 
15 (section 291-4.4, Hawaii Revised Statutes).  In addition, this
 
16 Act increases the penalties for subsequent convictions under
 
17 section 291-4, Hawaii Revised Statutes.
 
18      SECTION 2.  Chapter 286, Hawaii Revised Statutes, is amended
 
19 by adding a new section to be appropriately designated and to
 
20 read as follows:
 
21      "286-     Restricted motor vehicle registration.  (a)  A
 
22 qualified family member or co-owner of a motor vehicle with an
 
23 arrestee who has had a motor vehicle registration revoked under
 

 
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 1 this part may submit a sworn statement to the director requesting
 
 2 a restricted registration within thirty days of the final
 
 3 decision.  The director may grant the request upon determining
 
 4 that the following conditions have been met:
 
 5      (1)  The applicant is a member of the arrestee's household
 
 6           or co-owner of the vehicle;
 
 7      (2)  The applicant has a valid driver's license;
 
 8      (3)  The applicant is completely dependent on the motor
 
 9           vehicle for the necessities of life; and
 
10      (4)  The director finds that the applicant will take
 
11           reasonable precautions to insure that the arrestee will
 
12           not drive the vehicle.
 
13      (b)  The director shall revoke the restricted registration
 
14 if any conditions set forth in the application no longer exist or
 
15 the arrestee has driven the vehicle in violation of this part.
 
16      (c)  The applicant shall be under an affirmative duty to
 
17 report to the director any changes to the conditions of the
 
18 restricted registration."
 
19      SECTION 3.  Section 286-251, Hawaii Revised Statutes, is
 
20 amended as follows:
 
21      1.  By adding two new definitions to be appropriately
 
22 inserted and to read:
 
23      ""Family member" means a member of the arrestee's household
 

 
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 1 who has a valid driver's license.
 
 2      "Temporary vehicle registration" means the portion of the
 
 3 notice of administrative revocation which, when completed by the
 
 4 arresting officer, permits the arrestee to drive the vehicles
 
 5 registered in the name of the arrestee for thirty days or until
 
 6 such time as the director may establish under this part."
 
 7      2.  By amending the definition of "administrative
 
 8 revocation" to read:
 
 9      ""Administrative revocation" means termination of the
 
10 arrestee's driver's license or of the registration of all motor
 
11 vehicles registered to the arrestee, or both, pursuant to this
 
12 part and does not include any revocation imposed under section
 
13 291-4 or 291-4.4."
 
14      3.  By amending the definitions of "alcohol enforcement
 
15 contact" and "arrestee" to read:
 
16      ""Alcohol enforcement contact" means [any]:
 
17      (1)  Any administrative revocation ordered pursuant to this
 
18           part; [any driver's license]
 
19      (2)  Any suspension or revocation of any driver's license or
 
20           motor vehicle registration, or both, imposed by this or
 
21           any other state or federal jurisdiction for refusing to
 
22           submit to a test for alcohol concentration in the
 
23           person's blood; or [any]
 

 
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 1      (3)  Any conviction in this or any other state or federal
 
 2           jurisdiction for driving, operating, or being in
 
 3           physical control of a motor vehicle while having an
 
 4           unlawful concentration of alcohol in the blood, or
 
 5           while under the influence of alcohol.
 
 6      "Arrestee" means a person arrested for violation of section
 
 7 291-4 or 291-4.4 and, for purposes of this part, also refers to a
 
 8 person from whom a blood sample has been drawn pursuant to
 
 9 section 286-163, because there was probable cause to believe that
 
10 the person has violated section 291-4[.] or 291-4.4."
 
11      SECTION 4.  Section 286-252, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "286-252  Notice of administrative revocation; effect.  As
 
14 used in this part, the notice of administrative revocation:
 
15      (1)  Establishes that the arrestee's driving privilege in
 
16           this State shall be terminated thirty days after the
 
17           date of arrest or such later date as is established by
 
18           the director under section 286-259 if the director
 
19           administratively revokes the arrestee's license;
 
20      (2)  Establishes that the registrations of all motor
 
21           vehicles registered to the arrestee shall be terminated
 
22           thirty days after the date of arrest following a
 
23           previous conviction of section 291-4 or 291-4.4;
 

 
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 1     [(2)] (3)  Establishes the date on which administrative
 
 2           revocation proceedings against the arrestee were
 
 3           initiated; and
 
 4     [(3)] (4)  Serves as a temporary permit to drive as provided
 
 5           in section 286-255."
 
 6      SECTION 5.  Section 286-254, Hawaii Revised Statutes, is
 
 7 amended as follows:
 
 8      1.  By amending subsections (b) to (e) to read:
 
 9      "(b)  The notice, when completed by the arresting officer
 
10 and issued to the arrestee, shall contain at a minimum the
 
11 following information relating to the arrest:
 
12      (1)  Information identifying the arrestee;
 
13      (2)  The specific violation for which the person was
 
14           arrested;
 
15      (3)  The date issued and the date the administrative
 
16           revocation is scheduled to go into effect;
 
17      (4)  That the arrestee was informed of the sanctions of this
 
18           part and of the consequences of refusing to be tested
 
19           for alcohol content of the blood and whether or not the
 
20           arrestee consented to be tested;
 
21      (5)  The expiration date of the temporary driver's permit[;]
 
22           and the temporary motor vehicle registration; and
 
23      (6)  That the arrest will be administratively reviewed.
 

 
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 1      (c)  The notice shall provide, at a minimum, the following
 
 2 information relating to the administrative review:
 
 3      (1)  That the review is automatic;
 
 4      (2)  That the arrestee [may], within three days of the
 
 5           arrest, may submit written information demonstrating
 
 6           why the arrestee's driver's license and motor vehicle
 
 7           registration should not be administratively revoked;
 
 8      (3)  The address or location where the arrestee may submit
 
 9           the information;
 
10      (4)  That the arrestee is not entitled to be present or
 
11           represented at the review; and
 
12      (5)  That the review decision shall be mailed to the
 
13           arrestee no later than eight days after the date of the
 
14           arrest.
 
15      (d)  The notice shall state that if the arrestee's license
 
16 is not administratively revoked after the review, the arrestee's
 
17 driver's license, motor vehicle registration, or both shall be
 
18 returned along with a certified statement that the administrative
 
19 revocation proceedings have been terminated.
 
20      (e)  The notice shall state that if the arrestee's driver's
 
21 license [is] or motor vehicle registration, or both, are
 
22 administratively revoked after the review, a decision shall be
 
23 mailed to the arrestee containing, at a minimum, the following
 

 
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 1 information:
 
 2      (1)  The reasons why the arrestee's driver's license [was]
 
 3           or motor vehicle registration, or both, were
 
 4           administratively revoked;
 
 5      (2)  That the arrestee may request the director, within six
 
 6           days of the date the decision is mailed, to schedule an
 
 7           administrative hearing to review the administrative
 
 8           revocation;
 
 9      (3)  That if the arrestee requests an administrative hearing
 
10           within six days, the hearing shall be scheduled to
 
11           commence no later than twenty-five days after the date
 
12           of arrest;
 
13      (4)  The procedure to request an administrative hearing;
 
14      (5)  That failure to request an administrative hearing
 
15           within the time provided shall cause the administrative
 
16           revocation to take effect for the period and under the
 
17           conditions established by the director in the decision;
 
18      (6)  That the arrestee may regain the right to a hearing by
 
19           requesting the director, within sixty days after the
 
20           arrest, to schedule a hearing;
 
21      (7)  That the director shall schedule the hearing to
 
22           commence no later than thirty days after the request is
 
23           made but that the temporary permit shall not, in any
 

 
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 1           event, be extended if the arrestee fails to request an
 
 2           administrative hearing within the initial six-day
 
 3           period provided for that purpose;
 
 4      (8)  That failure to attend the hearing shall cause the
 
 5           administrative revocation to take effect for the period
 
 6           and under the conditions indicated; [and]
 
 7      (9)  The duration of the administrative revocation and
 
 8           other conditions which may be imposed, including
 
 9           alcohol counseling[,] and alcohol treatment[, and
 
10           installation of an ignition interlock system.]; and
 
11     (10)  That the director may grant a restricted registration
 
12           to a member of the arrestee's household who has a valid
 
13           driver's license or is the co-owner with the arrestee
 
14           of any motor vehicle upon determination that the person
 
15           is completely dependent on the motor vehicle for the
 
16           necessities of life.  The restricted registration shall
 
17           not be valid for use by the arrestee.  The operation of
 
18           a motor vehicle in a manner inconsistent with the
 
19           restricted motor vehicle license plate registration
 
20           shall have the same effect as operating an unlicensed
 
21           motor vehicle."
 
22      2.  By amending subsections (g) and (h) to read:
 
23      "(g)  The notice shall state that if the administrative
 

 
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 1 revocation is reversed after the hearing, the arrestee's driver's
 
 2 license or motor vehicle registration, or both, and any fees
 
 3 collected from the arrestee under this part shall be returned
 
 4 along with a certified statement that the administrative
 
 5 revocation proceedings have been terminated.
 
 6      (h)  The notice shall state that if the administrative
 
 7 revocation is sustained at the hearing, a decision shall be
 
 8 mailed to the arrestee containing, at a minimum, the following
 
 9 information:
 
10      (1)  The effective date of the administrative revocation;
 
11      (2)  The duration of the administrative revocation;
 
12      (3)  The date by which all motor vehicle license plates
 
13           issued to the arrestee must be surrendered to the
 
14           director;
 
15    [(3)]  (4)  Other conditions which may be imposed by law; and
 
16    [(4)]  (5)  The right to obtain judicial review."
 
17      SECTION 6.  Section 286-255, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "286-255  Arrest; procedures.(a)  Whenever a person is
 
20 arrested for a violation of section 291-4 or 291-4.4, on a
 
21 determination by the arresting officer that:
 
22      (1)  There was reasonable suspicion to stop the motor
 
23           vehicle, or that the motor vehicle was stopped at an
 

 
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 1           intoxication and drug control roadblock established and
 
 2           operated in compliance with sections 286-162.5 and
 
 3           286-162.6; and
 
 4      (2)  There was probable cause to believe that the arrestee
 
 5           was driving, operating, or in actual physical control
 
 6           of the motor vehicle while under the influence of
 
 7           intoxicating liquor;
 
 8 the arresting officer immediately shall take possession of any
 
 9 license held by the person and request the arrestee to take a
 
10 test for concentration of alcohol in the blood.  The arresting
 
11 officer shall inform the person that the person has the option to
 
12 take a breath test, a blood test, or both.  The arresting officer
 
13 also shall inform the person of the sanctions under this part,
 
14 including the sanction for refusing to take a breath or a blood
 
15 test.  Thereafter, the arresting officer shall complete and issue
 
16 to the arrestee a notice of administrative revocation and shall
 
17 indicate thereon whether the notice shall serve as a temporary
 
18 permit.  The notice shall serve as a temporary permit, unless, at
 
19 the time of arrest, the arrestee was unlicensed, the arrestee's
 
20 license was revoked or suspended, or the arrestee had no license
 
21 in the arrestee's possession.
 
22      (b)  Whenever a person is arrested for the violation of
 
23 section 291-4 or 291-4.4 and where the arrestee was previously
 

 
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 1 convicted for the violation of section 291-4 or 291-4.4, the
 
 2 arresting officer shall remove and revoke the license plate of
 
 3 the vehicle driven by the arrestee and issue a temporary motor
 
 4 vehicle license plate and registration to the arrestee.
 
 5      [(b)] (c)  Whenever the police determine that, as the result
 
 6 of a blood test performed pursuant to section 286-163(b) and (c),
 
 7 there is probable cause to believe that a person being treated in
 
 8 a hospital or medical facility has violated section 291-4[,] or
 
 9 291-4.4, the police shall complete and issue to the person a
 
10 notice of administrative revocation and shall indicate thereon
 
11 whether the notice shall serve as a temporary driver's permit.
 
12 The notice shall serve as a temporary driver's permit unless, at
 
13 the time the notice was issued, the person was unlicensed, the
 
14 person's license was revoked or suspended, or the person had no
 
15 license in the person's possession."
 
16      SECTION 7.  Section 286-256, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "286-256  Immediate restoration of license[.] and motor
 
19 vehicle registration.  If a test conducted in accordance with
 
20 part VII and section 321-161 and the rules adopted thereunder
 
21 shows that the arrestee's alcohol concentration was less than
 
22 .08, the director or the arresting agency shall immediately
 
23 return the arrestee's driver's license and motor vehicle
 

 
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 1 registration along with a certified statement that administrative
 
 2 revocation proceedings have been terminated with prejudice."
 
 3      SECTION 8.  Section 286-257, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "286-257  Sworn statements of law enforcement officials.
 
 6 (a)  Whenever a person:  is arrested for a violation of section
 
 7 291-4 or 291-4.4 and submits to a test that establishes that the
 
 8 arrestee's alcohol concentration was .08 or more; or has been
 
 9 involved in a collision resulting in injury or death and a blood
 
10 test performed pursuant to section 286-163 establishes that the
 
11 person's alcohol concentration was .08 or more, the following
 
12 shall be immediately forwarded to the director:
 
13      (1)  A copy of the arrest report or the report of the
 
14           officer who issued the notice of administrative
 
15           revocation to the person involved in a collision
 
16           resulting in injury or death and the sworn statement of
 
17           the arresting officer or the officer who issued the
 
18           notice of administrative revocation stating facts that
 
19           establish that:
 
20           (A)  There was reasonable suspicion to stop the motor
 
21                vehicle, the motor vehicle was stopped at an
 
22                intoxication and drug control roadblock
 
23                established and operated in compliance with
 

 
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 1                sections 286-162.5 and 286-162.6, or the person
 
 2                was tested pursuant to section 286-163;
 
 3           (B)  There was probable cause to believe that the
 
 4                arrestee had been driving, operating, or in actual
 
 5                physical control of the motor vehicle while under
 
 6                the influence of intoxicating liquor;
 
 7           (C)  The arrestee was informed of the sanctions of this
 
 8                part, that criminal charges may be filed, and the
 
 9                consequences of refusing to be tested for alcohol
 
10                concentration; and
 
11           (D)  The arrestee agreed to be tested or the person was
 
12                tested pursuant to section 286-163;
 
13      (2)  The sworn statement of the person responsible for
 
14           maintenance of the testing equipment stating facts that
 
15           establish that pursuant to section 321-161 and rules
 
16           adopted thereunder:
 
17           (A)  The equipment used to conduct the test was
 
18                approved for use as an alcohol testing device in
 
19                this State;
 
20           (B)  The person had been trained and at the time the
 
21                test was conducted was certified and capable of
 
22                maintaining the testing equipment; and
 
23           (C)  The testing equipment used had been properly
 

 
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 1                maintained and was in good working condition when
 
 2                the test was conducted;
 
 3      (3)  The sworn statement of the person who conducted the
 
 4           test stating facts that establish that pursuant to
 
 5           section 321-161 and rules adopted thereunder:
 
 6           (A)  The person was trained and at the time the test
 
 7                was conducted was certified and capable of
 
 8                operating the testing equipment;
 
 9           (B)  The person followed the procedures established for
 
10                conducting the test;
 
11           (C)  The equipment used to conduct the test functioned
 
12                in accordance with operating procedures and
 
13                indicated that the person's alcohol concentration
 
14                was at, or above, the prohibited level; and
 
15           (D)  The person whose breath or blood was tested was
 
16                the person arrested;
 
17      (4)  A copy of the notice of administrative revocation
 
18           issued to the arrestee;
 
19      (5)  Any driver's license, motor vehicle registration, or
 
20           license plate, or all three items, taken into
 
21           possession by the arresting officer; and
 
22      (6)  A listing of any prior alcohol enforcement contacts
 
23           involving the arrestee.
 

 
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 1      (b)  Whenever a person is arrested for a violation of
 
 2 section 291-4 or 291-4.4 and refuses to submit to a test to
 
 3 determine alcohol concentration in the blood, the following shall
 
 4 be immediately forwarded to the director:
 
 5      (1)  A copy of the arrest report and the sworn statement of
 
 6           the arresting officer stating facts that establish
 
 7           that:
 
 8           (A)  There was reasonable suspicion to stop the motor
 
 9                vehicle or the motor vehicle was stopped at an
 
10                intoxication control roadblock established and
 
11                operated in compliance with sections 286-162.5 and
 
12                286-162.6;
 
13           (B)  There was probable cause to believe that the
 
14                arrestee had been driving, operating, or in actual
 
15                physical control of the motor vehicle while under
 
16                the influence of intoxicating liquor;
 
17           (C)  The arrestee was informed of the sanctions of this
 
18                part, that criminal charges may be filed, and the
 
19                probable consequences of refusing to be tested for
 
20                concentration of alcohol in the blood; and
 
21           (D)  The arrestee refused to be tested;
 
22      (2)  A copy of the notice of administrative revocation and
 
23           the temporary permit issued to the arrestee;
 

 
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 1      (3)  Any driver's license, motor vehicle registration, or
 
 2           license plate, or all three items, taken into
 
 3           possession; and
 
 4      (4)  A listing of all alcohol enforcement contacts involving
 
 5           the arrestee."
 
 6      SECTION 9.  Section 286-258, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "286-258  Administrative review; procedures.  (a)  The
 
 9 director shall automatically review the issuance of a notice of
 
10 administrative revocation, and a written decision
 
11 administratively revoking the driver's license, or motor vehicle
 
12 registration, or both, or rescinding the notice of administrative
 
13 revocation shall be mailed to the arrestee no later than eight
 
14 days after the date the notice was issued.
 
15      (b)  The arrestee shall have the opportunity to demonstrate
 
16 in writing why the arrestee's driver's license, or motor vehicle
 
17 registration, or both, should not be administratively revoked and
 
18 shall submit any written information within three days of the
 
19 notice, either by mail or in person, to the director's office or
 
20 to any office or address designated by the director for that
 
21 purpose.
 
22      (c)  In conducting the administrative review, the director
 
23 shall consider:
 

 
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 1      (1)  Any sworn or unsworn statement or other evidence
 
 2           provided by the arrestee;
 
 3      (2)  The breath or blood test results, if any; and
 
 4      (3)  The sworn statements of the law enforcement officials,
 
 5           and other evidence or information required by section
 
 6           286-257.
 
 7      (d)  [The] Except as provided in subsection (e), the
 
 8 director shall administratively revoke the arrestee's driver's
 
 9 license, or motor vehicle registration, or both, if the director
 
10 determines that:
 
11      (1)  There existed reasonable suspicion to stop the motor
 
12           vehicle, the motor vehicle was stopped at an
 
13           intoxication and drug control roadblock established and
 
14           operated in compliance with sections 286-162.5 and
 
15           286-162.6, or the person was tested pursuant to section
 
16           286-163;
 
17      (2)  There existed probable cause to believe that the
 
18           arrestee drove, operated, or was in actual physical
 
19           control of the motor vehicle while under the influence
 
20           of intoxicating liquor; and
 
21      (3)  The evidence proves by a preponderance that the
 
22           arrestee drove, operated, or was in actual physical
 
23           control of the motor vehicle while under the influence
 

 
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 1           of intoxicating liquor or while having an alcohol
 
 2           concentration of .08 or more or that the arrestee
 
 3           refused to submit to a breath or blood test after being
 
 4           informed of the sanctions of this part.
 
 5      (e)  The director shall administratively revoke the
 
 6 registration of all vehicles owned or registered to the arrestee
 
 7 and impound the arrestee's license plates if the director
 
 8 determines that:
 
 9      (1)  There existed reasonable suspicion to stop the motor
 
10           vehicle, the motor vehicle was stopped at an
 
11           intoxicating and drug control roadblock established and
 
12           operated in compliance with sections 286-162.5 and
 
13           286-162.6, or the person was tested pursuant to section
 
14           286-163;
 
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;
 
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 or more or that the arrestee
 

 
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 1           refused to submit to a breath or blood test after being
 
 2           informed of the sanctions of this part; and
 
 3      (4)  The arrestee has a previous conviction under section
 
 4           291-4 or 291-4.4.
 
 5      [(e)] (f)  If the evidence does not support administrative
 
 6 revocation, the director shall rescind the notice of
 
 7 administrative revocation and return the arrestee's driver's
 
 8 license, motor vehicle registration, or license plate, or all
 
 9 three items, along with a certified statement that administrative
 
10 revocation proceedings have been terminated.
 
11      [(f)] (g)  If the director administratively revokes the
 
12 arrestee's driver's license, or motor vehicle registration, or
 
13 both, the director shall mail to the arrestee a written decision
 
14 stating the reasons for the administrative revocation.  The
 
15 decision shall also indicate that the arrestee has six days from
 
16 the date the decision is mailed to request an administrative
 
17 hearing to review the director's decision.  The decision shall
 
18 also explain the procedure by which to request an administrative
 
19 hearing, and shall be accompanied by a form, postage prepaid,
 
20 which the arrestee may fill out and mail in order to request an
 
21 administrative hearing.  The decision shall also inform the
 
22 arrestee of the right to review and copy all documents considered
 
23 at the review, including the arrest report and the sworn
 

 
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 1 statements of the law enforcement officials, prior to the
 
 2 hearing.  Further, the decision shall state that the arrestee may
 
 3 be represented by counsel at the hearing, submit evidence, give
 
 4 testimony, and present and cross-examine witnesses, including the
 
 5 arresting officer.
 
 6      [(g)] (h)  Failure of the arrestee to request a hearing
 
 7 within the time provided in section 286-259(a) shall cause the
 
 8 administrative revocation to take effect for the period and under
 
 9 the conditions provided in the administrative review decision
 
10 issued by the director under this section.  The arrestee may
 
11 regain the right to a hearing by requesting the director, within
 
12 sixty days of the arrest, to schedule a hearing.  The hearing
 
13 shall be scheduled to commence no later than thirty days after
 
14 the request is made.  The administrative review decision issued
 
15 by the director under this section shall clearly explain the
 
16 consequences of failure to request an administrative hearing and
 
17 the procedure by which the arrestee may regain the right to a
 
18 hearing."
 
19      SECTION 10.  Section 286-259, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "286-259  Administrative hearing.(a)  If the director
 
22 administratively revokes the arrestee's driver's license, or
 
23 motor vehicle registration, or both, after administrative review,
 

 
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 1 the arrestee may request an administrative hearing to review the
 
 2 decision within six days of the date the administrative review
 
 3 decision is mailed.  The hearing shall be scheduled to commence
 
 4 no later than twenty-five days from the date the notice of
 
 5 administrative revocation was issued.  The director may continue
 
 6 the hearing only as provided in subsection (j).
 
 7      (b)  The hearing shall be held at a place designated by the
 
 8 director, as close to the location of the arrest as practical.
 
 9      (c)  The arrestee may be represented by counsel.
 
10      (d)  The director shall conduct the hearing and have
 
11 authority to:
 
12      (1)  Administer oaths and affirmations;
 
13      (2)  Examine witnesses and take testimony;
 
14      (3)  Receive and determine the relevance of evidence;
 
15      (4)  Issue subpoenas, take depositions, or cause depositions
 
16           or interrogatories to be taken;
 
17      (5)  Regulate the course and conduct of the hearing; and
 
18      (6)  Make a final ruling.
 
19      (e)  If the director in the final ruling revokes the
 
20 driver's license, the director shall order the arrestee to
 
21 surrender the license plates and motor vehicle registrations of
 
22 all motor vehicles owned or registered to the arrestee if there
 
23 was a prior conviction under section 291-4 or 291-4.4.
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      [(e)] (f)  The director shall affirm the administrative
 
 2 revocation only if the director determines that:
 
 3      (1)  There existed reasonable suspicion to stop the motor
 
 4           vehicle, the motor vehicle was stopped at an
 
 5           intoxication and drug control roadblock established and
 
 6           operated in compliance with sections 286-162.5 and
 
 7           286-162.6, or the person was tested pursuant to section
 
 8           286-163;
 
 9      (2)  There existed probable cause to believe that the
 
10           arrestee drove, operated, or was in actual physical
 
11           control of the motor vehicle while under the influence
 
12           of intoxicating liquor; and
 
13      (3)  The evidence proves by a preponderance that the
 
14           arrestee drove, operated, or was in actual physical
 
15           control of the motor vehicle while under the influence
 
16           of intoxicating liquor or while having an alcohol
 
17           concentration of .08 or more or that the arrestee
 
18           refused to submit to a breath or blood test after being
 
19           informed of the sanctions of this part.
 
20      (g)  In addition to subsection (f), the director shall
 
21 affirm the administrative revocation of the registration of all
 
22 vehicles owned by or registered to the arrestee only if the
 
23 director determines that the arrestee was previously convicted of
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 section 291-4 or 291-4.4.
 
 2      [(f)] (h)  The arrestee's prior alcohol enforcement contacts
 
 3 shall be entered into evidence.
 
 4      [(g)] (i)  The sworn statements provided in section 286-257
 
 5 shall be admitted into evidence.  Upon notice to the director no
 
 6 later than five days prior to the hearing that the arrestee
 
 7 wishes to examine a law enforcement official who made a sworn
 
 8 statement, the director shall issue a subpoena for the official
 
 9 to appear at the hearing.  If the official cannot appear, the
 
10 official may at the discretion of the director testify by
 
11 telephone.
 
12      [(h)] (j)  The hearing shall be recorded in a manner to be
 
13 determined by the director.
 
14      [(i)] (k)  The director's decision shall be rendered in
 
15 writing and mailed to the arrestee no later than five days after
 
16 the hearing.  If the decision is to reverse the administrative
 
17 revocation, the director shall return the arrestee's driver's
 
18 license, motor vehicle registration, or license plates, or all
 
19 three items, and any fees collected from the arrestee under this
 
20 part along with a certified statement that administrative
 
21 revocation proceedings have been terminated.  If the decision
 
22 sustains the administrative revocation, the director shall mail
 
23 to the arrestee a written decision indicating the duration of the
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 administrative revocation and any other conditions or
 
 2 restrictions as may be imposed pursuant to section 286-261.
 
 3      [(j)] (l)  For good cause shown, the director may grant a
 
 4 continuance either of the commencement of the hearing or of a
 
 5 hearing that has already commenced.  If a continuance is granted
 
 6 at the request of the director, the director shall extend the
 
 7 validity of the temporary permit for a period not to exceed the
 
 8 period of the continuance.  If a continuance is granted at the
 
 9 request of the arrestee, the director shall not extend the
 
10 validity of the temporary permit.  For purposes of this section a
 
11 continuance means a delay in the commencement of the hearing or
 
12 an interruption of a hearing that has commenced other than for
 
13 recesses during the day or at the end of the day or week.
 
14      (m)  The director may grant a restricted motor vehicle
 
15 registration as provided under section 286-  .
 
16      [(k)] (n)  If the arrestee fails to appear at the hearing,
 
17 administrative revocation shall take effect for the period and
 
18 under the conditions established by the director in the
 
19 administrative review decision issued by the director under
 
20 section 286-258."
 
21      SECTION 11.  Section 286-259.5, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "[[]286-259.5[]]  Fees and costs.  The director shall be
 

 
Page 26                                                    2318
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 authorized to assess and collect a [$15] $30 fee from the
 
 2 arrestee for the costs of processing the arrestee's request for
 
 3 an administrative hearing to cover costs which include but should
 
 4 not be limited to the cost of photocopying documents, the
 
 5 issuance of subpoenas, conditional driver's license permits or
 
 6 temporary motor vehicle registration and license plates, and
 
 7 relicensing forms, interpreter services, law enforcement official
 
 8 mileage fees, and other similar costs.  The director may waive
 
 9 the fee in the case of indigent arrestees upon an appropriate
 
10 inquiry into the financial circumstances of the person seeking
 
11 the waiver and an affidavit or a certificate signed by such
 
12 person demonstrating the person's financial inability to pay the
 
13 fee."
 
14      SECTION 12.  Section 286-261, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "286-261  Effective date and period of administrative
 
17 revocation; criteria.  (a)  Unless an administrative revocation
 
18 is reversed or the temporary driver's license permit [is],
 
19 temporary motor vehicle registration, or temporary license
 
20 plates, or all three, issued under this part, are extended by the
 
21 director, administrative revocation shall become effective on the
 
22 day specified in the notice.  Except as provided in section
 
23 286-264, no driver's license, motor vehicle registration, or
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 both, shall be restored under any circumstances and no
 
 2 conditional permit shall be issued during the administrative
 
 3 revocation period.
 
 4      (b)  The periods of administrative revocation with respect
 
 5 to a driver's license, motor vehicle registration, or both that
 
 6 [may] shall be imposed under this part are as follows:
 
 7      (1)  Three months[,] revocation of driver's license, if the
 
 8           arrestee's driving record shows no prior alcohol
 
 9           enforcement contacts during the five years preceding
 
10           the date of arrest;
 
11      (2)  One year revocation of driver's license and all
 
12           registrations of motor vehicles registered to the
 
13           arrestee if the arrestee's driving record shows one
 
14           prior alcohol enforcement contact during the five years
 
15           preceding the date of arrest;
 
16      (3)  Two years revocation of driver's license and all
 
17           registrations of motor vehicles registered to the
 
18           arrestee if the arrestee's driving record shows two
 
19           prior alcohol enforcement contacts during the seven
 
20           years preceding the date of arrest;
 
21      (4)  For life, revocation of driver's license and all
 
22           registrations of motor vehicles registered to the
 
23           arrestee, and prohibition on all subsequent motor
 

 
Page 28                                                    2318
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           vehicles registrations by the arrestee if the
 
 2           arrestee's driving record shows three or more prior
 
 3           alcohol enforcement contacts during the ten years
 
 4           preceding the date of arrest; or
 
 5      (5)  For arrestees under the age of eighteen years, the
 
 6           revocation of the driver's license for the period
 
 7           remaining until the arrestee's eighteenth birthday, or
 
 8           for the appropriate revocation period provided in
 
 9           paragraphs (1) to (4) or in subsection [(c),] (d),
 
10           whichever is longer.
 
11      (c)  Whenever a motor vehicle registration is revoked under
 
12 this part, the director shall electronically enter the revocation
 
13 into the motor vehicle registration file of the arrestee.
 
14      (d)  The driver's license, or motor vehicle registration, or
 
15 both, of an arrestee who refuses to be tested after being
 
16 informed of the sanctions of this part shall be revoked under
 
17 subsection (b)(1), (2), [and] (3), and (4) for a period of one
 
18 year, two years, [and] four years, and life time, respectively.
 
19      (e)  In addition to subsection (d), an arrestee previously
 
20 convicted under section 291-4 or 291-4.4 shall be prohibited from
 
21 any subsequent motor vehicle registrations.
 
22      [(d)] (f)  Whenever a driver's license [is], or motor
 
23 vehicle registration, or both, are administratively revoked under
 

 
Page 29                                                    2318
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 this part, the offender shall be referred to a certified
 
 2 substance abuse counselor for an assessment of the offender's
 
 3 alcohol abuse or dependence and the need for treatment.  The
 
 4 counselor shall submit a report with recommendations to the
 
 5 director.  If the counselor's assessment establishes that the
 
 6 extent of the offender's alcohol abuse or dependence warrants
 
 7 treatment, the director may so order.  All costs for assessment
 
 8 and treatment shall be paid by the offender.
 
 9      [(e)] (g)  Alcohol enforcement contacts that occurred prior
 
10 to August 1, 1991, shall be counted in determining the
 
11 administrative revocation period.
 
12      (h)  Enforcement contacts that occurred prior to the
 
13 effective date of this subsection shall be counted in determining
 
14 the administrative revocation period for motor vehicle
 
15 registration."
 
16      SECTION 13.  Section 286-262, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]286-262[]]  Notice to other states.  When a
 
19 nonresident's driving license's privilege or motor vehicle
 
20 registration is administratively revoked under this part, the
 
21 director shall notify, in writing, the officials in charge of
 
22 traffic control or public safety in the nonresident's home state
 
23 and in any other state in which the nonresident has driving
 

 
Page 30                                                    2318
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 license privileges or motor vehicle registration of the action
 
 2 taken in this State and shall return to the appropriate issuing
 
 3 authority in the other states any driver's license or motor
 
 4 vehicle plate and motor vehicle registration seized under section
 
 5 286-255."
 
 6      SECTION 14.  Section 286-264, Hawaii Revised Statutes, is
 
 7 amended as follows:
 
 8      1.  By amending the title and subsection (a) to read:
 
 9      "286-264  Conditional driver's license permits.  (a)  If an
 
10 arrestee subject to administrative revocation under this part
 
11 submitted to a breath or blood test and has had no prior alcohol
 
12 enforcement contacts during the five years preceding the date of
 
13 arrest, the director, at the request of the arrestee at the
 
14 administrative hearing, may issue a conditional driver's permit
 
15 allowing the arrestee to drive after a minimum period of absolute
 
16 license revocation of thirty days if one or more of the following
 
17 conditions are met:
 
18      (1)  The arrestee is gainfully employed in a position that
 
19           requires driving and will be discharged if the
 
20           arrestee's driving privileges are administratively
 
21           revoked; or
 
22      (2)  The arrestee has no access to alternative
 
23           transportation and therefore must drive to work or to a
 

 
Page 31                                                    2318
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           substance abuse treatment facility or counselor for
 
 2           treatment ordered by the director under section
 
 3           286-261."
 
 4      2.  By amending subsection (d) to read:
 
 5      "(d)  A conditional permit may include restrictions allowing
 
 6 the arrestee to drive: 
 
 7      (1)  Only during hours of employment for activities solely
 
 8           within the scope of the employment;
 
 9      (2)  Only during daylight hours; or
 
10      (3)  Only for specified purposes or to specified
 
11           destinations.
 
12 In addition, the director may impose any other appropriate
 
13 restrictions[, including installation of an ignition interlock
 
14 system]."
 
15      SECTION 15.  Section 286-265, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "286-265  Eligibility for relicensing.  To be eligible for
 
18 relicensing after a period of administrative revocation has
 
19 expired, the person shall:
 
20      (1)  Submit proof to the director of compliance with all
 
21           conditions imposed by the director or by the court;
 
22      (2)  Obtain a certified statement from the director
 
23           indicating eligibility for relicensing;
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      (3)  Present the certified statement to the appropriate
 
 2           driver and motor vehicle registration licensing
 
 3           official; and
 
 4      (4)  Successfully complete each requirement for obtaining a
 
 5           new driver's license or motor vehicle registration in
 
 6           this State including payment of all applicable fees."
 
 7      SECTION 16.  Section 249-7, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "249-7 Number plates.(a)  Upon receipt of the tax the
 
10 director of finance shall number and register the vehicle in the
 
11 owner's name in a permanent record or book to be kept by the
 
12 director for this purpose, and shall furnish the owner thereof
 
13 with a receipt showing upon its face the license number issued
 
14 for the vehicle and the fact that the license tax has been paid
 
15 thereon for the whole or the remainder of the current year in
 
16 which the receipt is issued.  The director of finance shall also
 
17 furnish the owner, upon the original registration of the vehicle,
 
18 two number plates for the vehicle or one plate in the case of
 
19 trailers, semitrailers, or motorcycles with the registration
 
20 number marked thereon.  Upon the payment of the tax for each year
 
21 a tag or emblem bearing a serial number and the month and year of
 
22 expiration shall be provided to the owner.  Transfer of current
 
23 number plates, tag, or emblem, except as authorized by this
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 chapter or by chapter 286, is punishable by a fine of not more
 
 2 than $50 for each offense.
 
 3      (b)  Upon the arrest of a person for a violation of section
 
 4 291-4 or 291-4.4, who has a previous conviction for a violation
 
 5 of section 291-4 or 291-4.4, the administrative driver's license
 
 6 revocation officer shall electronically cause to be entered in
 
 7 the vehicle registration file a sanction to prevent the arrestee
 
 8 from conducting any vehicle registration transactions until the
 
 9 expiration of the revocation period.
 
10      (c)  Upon notification from the administrative driver's
 
11 license revocation officer that a motor vehicle registration has
 
12 been revoked for a specific period of time resulting from an
 
13 arrest for a violation of section 291-4 or 291-4.4, the arrestee
 
14 had a previous conviction for a violation of section 291-4 or
 
15 291-4, and a restricted license plate registration has been
 
16 issued to another person as designated by the administrative
 
17 driver's license revocation officer, the director shall issue a
 
18 restricted license plate that shall be valid for the remainder of
 
19 that year in which the tax has been paid.  The person to whom the
 
20 restricted registration has been issued shall renew the
 
21 registration upon the expiration of the restricted motor vehicle
 
22 registration.
 
23      [(b)] (d)  Upon an original registration the director of
 

 
Page 34                                                    2318
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 finance shall fix, and shall charge to the owner, a fee equal to
 
 2 the cost of the number plate and tag or emblem plus the
 
 3 administrative cost of furnishing the plate and tag or emblem and
 
 4 effecting the registration.  Upon the issuance of a new series of
 
 5 number plates as determined by the directors of finance of each
 
 6 county through majority consent, the director of finance shall
 
 7 charge the owner a fee equal to the costs of the number plate
 
 8 plus the administrative cost of furnishing the plates.  Upon
 
 9 issuing a tag or emblem, the director of finance shall charge the
 
10 owner a fee of 50 cents.  The owner shall securely fasten the
 
11 number plates on the vehicle, one on the front and the other on
 
12 the rear, at a location provided by the manufacturer or in the
 
13 absence of such a location upon the bumpers of the vehicle and in
 
14 conformance with section 291-31, in such a manner as to prevent
 
15 the plates from swinging and at a minimum of twelve inches from
 
16 the ground.  Number plates shall at all times be displayed
 
17 entirely unobscured and be kept reasonably clean.  In the case of
 
18 trailers, semitrailers, or motorcycles, one plate shall be used
 
19 and it shall be fastened to the rear thereof at a location
 
20 provided by the manufacturer or in the absence of such a location
 
21 at the rear thereof, and in the case of motorcycles in
 
22 conformance with section 291-31.
 
23      [(c)] (e)  Upon the issuance of the tag or emblem the owner
 

 
Page 35                                                    2318
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 shall affix the tag or emblem to the top right portion of the
 
 2 rear number plate, except that all vehicles owned by the State,
 
 3 any county government, any board of water supply, and official
 
 4 representatives of any foreign governments shall be issued
 
 5 registrations which need be renewed only in the new plate issue
 
 6 year.
 
 7      [(d)] (f)  After the initial payment of the tax and the
 
 8 original registration of a vehicle as herein specified, a motor
 
 9 vehicle shall not be required to be reweighed in any succeeding
 
10 year unless it has been so altered or changed as to increase or
 
11 diminish its weight.  No new number plates shall, however, be
 
12 issued to a new owner except as provided in sections 249-7.5 and
 
13 249-8.
 
14      [(e)] (g)  If an owner of a vehicle registered in any
 
15 county, upon the disposition of the vehicle, requests that the
 
16 license plates furnished to the owner with respect to the
 
17 registration of the vehicle be assigned to another vehicle
 
18 subsequently acquired by the owner, the assignment may be made by
 
19 the director of finance at the director's discretion.  To defray
 
20 additional administrative costs incurred by acceding to those
 
21 requests, the director of finance shall charge a fee of $5 for
 
22 each reassignment of license plates, in addition to the fee for
 
23 registration.  The procedure for registering the vehicles shall
 

 
Page 36                                                    2318
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 otherwise be identical with that provided by this section."
 
 2      SECTION 17.  Section 291-4, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (b) to read as follows:
 
 4      "(b)  A person committing the offense of driving under the
 
 5 influence of intoxicating liquor shall be sentenced as follows
 
 6 without possibility of probation or suspension of sentence:
 
 7      (1)  For the first offense, or any offense not preceded
 
 8           within a five-year period by a conviction for driving
 
 9           under the influence of intoxicating liquor under this
 
10           section or section 291-4.4 by:
 
11           (A)  A fourteen-hour minimum alcohol abuse
 
12                rehabilitation program including education and
 
13                counseling, or other comparable program deemed
 
14                appropriate by the court; and
 
15           (B)  Ninety-day prompt suspension of license with
 
16                absolute prohibition from operating a motor
 
17                vehicle during suspension of license, or the court
 
18                may impose, in lieu of the ninety-day prompt
 
19                suspension of license, a minimum thirty-day prompt
 
20                suspension of license with absolute prohibition
 
21                from operating a motor vehicle and, for the
 
22                remainder of the ninety-day period, a restriction
 
23                on the license that allows the person to drive for
 

 
Page 37                                                    2318
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1                limited work-related purposes and to participate
 
 2                in alcoholism treatment programs; and
 
 3           (C)  Any one or more of the following:
 
 4                (i)  Seventy-two hours of community service work;
 
 5               (ii)  Not less than forty-eight hours and not more
 
 6                     than five days of imprisonment; or
 
 7              (iii)  A fine of not less than $150 but not more
 
 8                     than $1,000.
 
 9      (2)  For an offense that occurs within five years of a prior
 
10           conviction for driving under the influence of
 
11           intoxicating liquor under this section or section
 
12           291-4.4 by:
 
13           (A)  Prompt suspension of license for a period of one
 
14                year with the absolute prohibition from operating
 
15                a motor vehicle during suspension of license;
 
16           (B)  Either one of the following:
 
17                (i)  Not less than [one] two hundred forty hours
 
18                     of community service work; or
 
19               (ii)  Not less than [forty-eight] one hundred
 
20                     twenty consecutive hours but not more than
 
21                     fourteen days of imprisonment of which at
 
22                     least [forty-eight] one hundred twenty hours
 
23                     shall be served consecutively; and
 

 
Page 38                                                    2318
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           (C)  A fine of not less than $500 but not more than
 
 2                $1,500.
 
 3      (3)  For an offense that occurs within five years of two
 
 4           prior convictions for driving under the influence of
 
 5           intoxicating liquor under this section or section
 
 6           291-4.4 by:
 
 7           (A)  A fine of not less than $500 but not more than
 
 8                $2,500;
 
 9           (B)  Revocation of license for a period not less than
 
10                one year but not more than five years; [and]
 
11           (C)  Not less than ten days but not more than thirty
 
12                days imprisonment of which at least [forty-eight]
 
13                two hundred forty hours shall be served
 
14                consecutively[.]; and
 
15           (D)  Not less than four hundred eighty hours of
 
16                community services.
 
17      (4)  Any person eighteen years of age or older, who is
 
18           convicted under this section and who operated or
 
19           assumed actual physical control of a vehicle with a
 
20           passenger, in or on the vehicle, who was younger than
 
21           fifteen years of age, shall be sentenced to an
 
22           additional mandatory fine of $500, and an additional
 
23           mandatory term of imprisonment of forty-eight hours;
 

 
Page 39                                                    2318
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           provided[, however,] that the total term of
 
 2           imprisonment for a person convicted under this section
 
 3           shall not exceed thirty days.
 
 4      Notwithstanding any other law to the contrary, any
 
 5 conviction for driving under the influence of intoxicating liquor
 
 6 under this section or section 291-4.4 shall be considered a prior
 
 7 conviction for purposes of imposing sentence under this section.
 
 8      No license suspension or revocation shall be imposed
 
 9 pursuant to this subsection if the person's license has
 
10 previously been administratively revoked pursuant to part XIV of
 
11 chapter 286 for the same offense; provided that, if the
 
12 administrative revocation is subsequently reversed, the person's
 
13 license shall be suspended or revoked as provided in this
 
14 subsection."
 
15      SECTION 18.  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 19.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 20.  This Act shall take effect upon its approval.