Report Title:

Alcohol; Drugs; Highway Safety; Inhalant Drugs

 

Description:

Requires blood test if there is cause to believe person is under influence of an inhalant.

 

THE SENATE

S.B. NO.

1600

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to alcohol, drugs, and highway safety.

 

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

SECTION 1. Section 286-151, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) If there is probable cause to believe that a person is in violation of section 291-4, 291-4.3, or 291-4.4, then the person shall have the option to take a breath or blood test, or both, except that a blood test shall be taken if there is cause to believe that a person is under the influence of an inhalant, for the purpose of determining the alcohol concentration."

SECTION 2. Section 286-151, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) A person who chooses to submit to a breath test under subsection (c) also may be requested to submit to a blood or urine test, if the officer has probable cause to believe that the person was driving under the influence of any drug under section 291-7 or the combined influence of alcohol and drugs and the officer has probable cause to believe that a blood or urine test will reveal evidence of the person being under the influence of drugs. The officer shall state in the officer's report the facts upon which that belief is based. The person shall have the option to take a blood or urine test, or both, for the purpose of determining the person's drug content. In the case where the officer has reason to believe that the person has ingested an inhalant, then a blood test shall be administered. Results of a blood or urine test conducted to determine drug content also shall be admissible for the purpose of determining the person's alcohol content. Submission to testing for drugs under subsection (d) or this subsection shall not be a substitute for alcohol tests requested under subsection (c)."

SECTION 3. Section 291E-11, Hawaii Revised Statutes, is amended amending subsection (c) to read as follows:

"(c) If there is probable cause to believe that a person is in violation of section 291E-64, as a result of being under the age of twenty-one and having consumed a measurable amount of alcohol, or section 291E-61, as a result of having consumed alcohol, then the person shall elect to take a breath or blood test, or both, except that a blood test shall be taken if there is cause to believe that a person is under the influence of an inhalant, for the purpose of determining the alcohol concentration."

SECTION 4. Section 291E-11, Hawaii Revised Statutes, is amended amending subsection (e) to read as follows:

"(e) A person who chooses to submit to a breath test under subsection (c) also may be requested to submit to a blood or urine test, if the officer has probable cause to believe that the person was operating a vehicle under the influence of any drug under section 291E-61 and the officer has probable cause to believe that a blood or urine test will reveal evidence of the person being under the influence of any drug. The officer shall state in the officer's report the facts upon which that belief is based. The person shall elect to take a blood or urine test, or both, for the purpose of determining the person's drug content. In the case where the officer has reason to believe that the person has ingested an inhalant, then a blood test shall be administered. Results of a blood or urine test conducted to determine drug content also shall be admissible for the purpose of determining the person's alcohol concentration. Submission to testing for drugs under subsection (d) or this subsection shall not be a substitute for alcohol tests requested under subsection (c)."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that sections 3 and 4 shall take effect on January 1, 2002.

INTRODUCED BY:

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