Bill Text: HI SCR112 | 2010 | Regular Session | Introduced

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Bill Title: Driving Under the Influence; DOT Study on Increased Penalties

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-03-22 - (S) The committee on TIA deferred the measure. [SCR112 Detail]

Download: Hawaii-2010-SCR112-Introduced.html

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THE SENATE	S.C.R. NO.	112
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING a recommendation on INCREASED PENALTIES FOR THE OFFENSE OF habitually OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT.

 

 

     WHEREAS, driving while intoxicated is a serious offense that claims lives and seriously injures people; and

 

     WHEREAS, the offense of operating a vehicle under the influence of an intoxicant (section 291E-61(a), Hawaii Revised Statutes) provides for a blood alcohol threshold of .08 grams of alcohol per one hundred cubic centimeters of blood, or for a breathalyzer threshold of .08 grams of alcohol per two hundred ten liters of breath; and

 

     WHEREAS, the current threshold for breath or blood alcohol level is probably too high for most drivers who drink before driving; and

 

     WHEREAS, drivers who drink before driving may have impaired driving ability at levels far below current thresholds for blood and breath levels of blood alcohol; and

 

     WHEREAS, current law provides for imprisonment for conviction of the class C felony offense of habitually operating a vehicle under the influence of an intoxicant, defined under section 291E-61.5, Hawaii Revised Statutes, as having three or more prior convictions within ten years, as follows:

 

     (1)  An indeterminate term of imprisonment of five years; or

 

     (2)  Mandatory imprisonment of not less than ten days, of which at least forty-eight hours shall be served consecutively, as a condition for a sentence of probation; and

 

     WHEREAS, a longer mandatory term of imprisonment, whether as a condition of probation or as part of a sentence to the full five year indeterminate term, is not unreasonable to deter the offender from driving while drunk; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that the Department of Transportation is requested, in collaboration with the Honolulu Police Department, to recommend increased penalties for the offense of habitually operating a vehicle under the influence of an intoxicant, including but not limited to, increased mandatory terms of imprisonment and impounding of the vehicle; and

 

     BE IT FURTHER RESOLVED that the recommendations include the costs of implementing the recommended increased penalties as well as recommendations on how to mitigate such costs for the implementing agencies; and

 

     BE IT FURTHER RESOLVED that the Department of Transportation report its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2011; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Transportation, the Chief of Police of the Honolulu Police Department, and the Honolulu Prosecuting Attorney.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Driving Under the Influence; DOT Study on Increased Penalties