Bill Text: HI SB3165 | 2022 | Regular Session | Amended
Bill Title: Relating To Operating A Vehicle Under The Influence Of An Intoxicant.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-06-17 - Act 094, on 06/17/2022 (Gov. Msg. No. 1194). [SB3165 Detail]
Download: Hawaii-2022-SB3165-Amended.html
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THE SENATE |
S.B. NO. |
3165 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced without possibility of probation or suspension of sentence as follows:
(1) Except as provided in paragraph (4), for the first offense, or any offense not preceded within a ten-year period by a conviction for an offense under this section or section 291E-4(a):
(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;
(B) [One-year revocation]
Revocation of license to operate a vehicle[;] for not less than
one year and not more than eighteen months;
(C) Installation during the revocation period of an ignition interlock device on all vehicles operated by the person;
(D) Any one or more of the following:
(i) Seventy-two hours of community service work;
(ii) [No] Not
less than forty-eight hours and [no] not more than five days of
imprisonment; or
(iii) A fine of [no]
not less than $250 [but no] and not more than $1,000;
(E) A surcharge of $25 to be deposited into the neurotrauma special fund; and
(F) A surcharge, if the court so orders, of up to $25 to be deposited into the trauma system special fund;
(2) For an offense that occurs within ten years of a prior conviction for an offense under this section:
(A) A substance abuse program of at least thirty-six hours, including education and counseling or other comparable programs deemed appropriate by the court;
(B) Revocation
of license to operate a vehicle for [no] not less than two years [but
no] and not more than three years;
(C) Installation during the revocation period of an ignition interlock device on all vehicles operated by the person;
(D) Either one of the following:
(i) [No] Not
less than two hundred forty hours of community service work; or
(ii) [No] Not
less than five days [but no] and not more than thirty days of imprisonment,
of which at least forty-eight hours shall be served consecutively;
(E) A
fine of [no] not less than $1,000 [but no] and not more
than $3,000, to be deposited into the state drug and alcohol toxicology testing
laboratory special fund;
(F) A surcharge of $25 to be deposited into the neurotrauma special fund; and
(G) A surcharge of up to $50, if the court so orders, to be deposited into the trauma system special fund;
(3) In addition to a
sentence imposed under paragraphs (1) and (2), any person eighteen years of age
or older who is convicted under this section and who operated a vehicle with a
passenger, in or on the vehicle, who was younger than fifteen years of age,
shall be sentenced to an additional mandatory fine of $500 and an additional
mandatory term of imprisonment of forty-eight hours; provided that the total term
of imprisonment for a person convicted under this paragraph shall not exceed the
maximum term of imprisonment provided in paragraph (1) or (2), as applicable. Notwithstanding paragraphs (1) and (2), the
revocation period for a person sentenced under this paragraph shall be [no]
not less than two years;
(4) In addition to a sentence
imposed under paragraph (1), for a first offense under this section, or an offense
not preceded within a ten-year period by a conviction for an offense, any person
who is convicted under this section and was a highly intoxicated driver at the
time of the subject incident shall be sentenced to an additional mandatory term
of imprisonment for forty-eight consecutive hours and an additional mandatory revocation
period of six months; provided that the total term of imprisonment for a person
convicted under this paragraph shall not exceed the maximum term of imprisonment
provided in paragraph (1). Notwithstanding
paragraph (1), the revocation period for a person sentenced under this paragraph
shall be [no] not less than eighteen months;
(5) In addition to a
sentence under paragraph (2), for an offense that occurs within ten years of a
prior conviction for an offense under this section, any person who is convicted
under this section and was a highly intoxicated driver at the time of the
subject incident shall be sentenced to an additional mandatory term of
imprisonment of ten consecutive days and an additional mandatory revocation
period of one year; provided that the total term of imprisonment for a person
convicted under this paragraph shall not exceed the maximum term of imprisonment
provided in paragraph (2), as applicable.
Notwithstanding paragraph (2), the revocation period for a person
sentenced under this paragraph shall be [no] not less than three
years; [and]
(6) A person sentenced pursuant to paragraph (1)(B) may file a motion for early termination of the applicable revocation period if the person:
(A) Was not sentenced to any additional mandatory revocation period pursuant to paragraphs (3) or (4);
(B) Actually
installed and maintained an ignition interlock device in one or more vehicles for
a continuous period of six months, after which the person maintained the ignition
interlock device in one or more vehicles for a continuous period of three months
without violation;
(C) Includes with their motion for early termination a
certified court abstract establishing that they were not sentenced to any
additional mandatory revocation period pursuant to paragraph (3) or
(4);
(D) Includes
with their motion for early termination a certified
statement from the director of transportation establishing that:
(i) The person installed and maintained
an ignition interlock device in one or more vehicles for a continuous period of
six months; and
(ii) After the six-month period the person maintained the ignition interlock device in one or more vehicles for a continuous period of three months without violation; and
(E) Has complied with all other sentencing requirements.
Nothing in this paragraph shall require a court to grant early termination of the revocation period if the court finds that continued use of the ignition interlock device will further the person's rehabilitation or compliance with this section;
[(6)] (7)
If the person demonstrates to the
court that the person:
(A) Does not own or have the use of a vehicle in which the person can install an ignition interlock device during the revocation period; or
(B) Is otherwise unable to drive during the revocation period,
the person shall be [absolutely]
prohibited from driving during the period of applicable revocation provided in
paragraphs (1) to [(3);] (5); provided that the person shall be
sentenced to the maximum license revocation period, the court shall not
issue an ignition interlock permit pursuant to subsection (i), and the person
shall be subject to the penalties provided by section 291E-62 if the person drives
during the applicable revocation period[.]; and
(8) For purposes of this paragraph "violation"
means:
(A) Providing
a sample of .04 or more grams of alcohol per two hundred ten liters of breath when
starting the vehicle, unless a subsequent test performed within ten minutes registers
a breath alcohol concentration lower than .02 and the digital image confirmed the
same person provided both samples;
(B) Providing
a sample of .04 or more grams of alcohol per two hundred ten liters of breath on
a rolling retest, unless a subsequent test performed within ten minutes registers
a breath alcohol concentration lower than .02 and the digital image confirms the
same person provided both samples;
(C) Failing
to provide a rolling retest if an acceptable test is performed within ten minutes;
(D) Violating
section 291E-66; or
(E) Failing to provide a clear photo of the person when the person blows into the ignition interlock device."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2050.
Report Title:
Operating a Vehicle Under the Influence of an Intoxicant; First Time Offenders; Ignition Interlock Device; Driver's License Revocation
Description:
Lengthens the driver's license revocation period for first time offenders convicted of operating a vehicle under the influence of an intoxicant who do not install an ignition interlock device. Allows early termination of driver's license revocation after nine months upon showing three consecutive months of ignition interlock use without any violations. Effective 1/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
