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Hawaii Rules of
Evidence Annotated
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SUMMARY
OF HAWAII IMPAIRED DRIVING STATUES
COMMON ACRONYM USED TO DESCRIBE DRUNK DRIVING:
OVUII;
OUI; DUI; Drunk Driving; Driving Under the Influence
PROHIBITED VEHICULAR ACTIVITY:
To drive or assume actual physical control of a vehicle upon a public way,
street, road, or highway or to navigate or otherwise use or assume actual
physical control of a vessel underway on or in the waters of the State while
under the influence of an intoxicant.
COVERED VEHICLES OR DEVISES:
Motor vehicle, moped, and vessel
COVERED LOCATIONS:
Any public way, street, road, or highway
DRINKING-DRIVING OFFENSES:
I. Operating a vehicle under the influence of an intoxicant (petty
misdemeanor) (four methods of proof) (H.R.S. §291E-61(a)):
A. While under the influence of alcohol, or
B. While under the influence of any drug enumerated in schedules I through IV
of H.R.S Chapter 329 or its metabolites, or
C. With .08 or more grams of alcohol per 210 liters of breath, or
D. With .08 or more grams of alcohol per 100 milliliters or cubic centimeters
of blood.
II. Habitually operating a vehicle under the influence of an intoxicant (Class
C felony) (H.R.S. §291E-615(a)):
A. Any of the methods of proof listed above for H.R.S. §291E-61(a) plus the
driver has been convicted or adjudicated as a minor in Hawaii three or more
times within ten years of the instant offense of operating a vehicle under the
influence of alcohol or drugs.
III. Operating a vehicle after license suspended or revoked for DUI (petty
misdemeanor or misdemeanor) (H.R.S. §291E-62(a)):
A. After having license revoked or suspended for DUI (alcohol or drugs) or
administratively revoked for DUI in Hawaii, the person did operate or assume
actual physical control of any vehicle:
(i) in violation of any restrictions placed on the persons license, or
(ii) while the driver’s license remains suspended or revoked.
IV. Operate any vehicle with a measurable amount of alcohol by person under
the age of 21 (violation) (H.R.S. §291E-64(a)):
A. “Measurable amount of alcohol” means a test result equal to or greater than
.02 but less than .08 grams of alcohol per one hundred milliliters or cubic
centimeters of blood or equal to or greater than .02 but less than .08 grams
of alcohol per two hundred ten liters of breath.
DEGREE OF IMPAIRMENT REQUIRED FOR
CONVICTION
I. For DUI alcohol where no chemical test - Impairment of the driver’s normal
mental faculties or ability to care for oneself and guard against casualty
II. For DUI alcohol where there is also evidence of ingestion of legal or
illegal drug(s) -- where a driver’s intoxication is due in any part to
alcohol, it is immaterial that the driver may also have been affected by other
drugs
III. For DUI drugs - Impairment of the person’s ability to operate a vehicle
in careful and prudent manner
PENALTIES FOR CRIMINAL DRINKING-DRIVING
OFFENSES:
I. Operating a vehicle under the influence of an intoxicant (petty
misdemeanor) (H.R.S. §291E-61(a))
A. First offense not within five years of a prior conviction:
(i) 14-hour alcohol rehabilitation program,
(ii) 90-day license suspension,
(iii) any one or more of the following: 72 hours of community service,
48-hours to 5-day jail term, $150 to $1000 fine,
(iv) $25 neurotrauma surcharge, and
(v) assessment and treatment, if necessary.
B. For an offense that occurs within five years of a prior conviction:
(i) 1 year license suspension,
(ii) either one of the following: 240 hours community service or 5 to 14 days
jail term,
(iii) $500 to $1500 fine,
(iv) $25 neurotrauma surcharge, and
(v) assessment and treatment, if necessary.
C. For an offense that occurs within five years of two prior convictions:
(i) $500 to $2500 fine,
(ii) 1 to 5 years license revocation,
(iii) 10 to 30-days jail term,
(iv) $25 neurotrauma surcharge,
(v) forfeiture of vehicle owned and operated by person, and
(vi) assessment and treatment, if necessary.
Further, any person 18 years of age or older who drives with a passenger under
15, an additional mandatory term of imprisonment of 48 hours, the total jail
term not to exceed the statutory maximum.
II. Habitually operating a vehicle under the influence of an intoxicant (Class
C felony) (H.R.S. §291E-61.5)
(i) An indeterminate term of imprisonment of five years or five years
probation and mandatory revocation of license for 1 to 5 years,
(ii) 10-day jail term,
(iii) referral to a certified substance abuse counselor,
(iv) $25 neurotrauma surcharge,
(v) forfeiture of vehicle owned and operated by the person, and
(vi) assessment and treatment, if necessary.
III. Operating, etc., after license and privilege have been suspended or
revoked for operating a vehicle under the influence of an intoxicant (H.R.S.
§291E-62)
A. First offense not within five years of a prior conviction:
(i) 3 to 30-day jail term,
(ii) $250 to $1000 fine, and
(iii) revocation of license for an additional year.
B. For an offense that occurs within five years of a prior conviction:
(i) 30-day jail term,
(ii) $1000 fine, and
(iii) revocation of license for an additional two years.
C. For an offense that occurs within five years of two prior convictions:
(i) 1-year jail term,
(ii) $2000 fine, and
(iii) permanent revocation of license.
IV. Operating , etc., after consuming a measurable amount of alcohol; persons
under the age of 21 (H.R.S. §29E-64)
A. For a first violation not within five years of a prior alcohol enforcement
contact:
(i) 10 hours alcohol abuse education and counseling program,
(ii) 180-day suspension of license,
(iii) any one or more of the following: 36 hours of community service, $150 to
$500 fine, and
(iv) assessment and treatment, if necessary.
B. For a violation of within five years of a prior alcohol enforcement contact
or, effective July 1, 2007, for a highly intoxicated driver:
(i) 1-year suspension of license,
(ii) any of the following: 50 hours community service, $300 to $1000 fine, and
(iii) assessment and treatment, if necessary.
C. For a violation within five years of two prior alcohol enforcement
contacts:
(i) 2-year license revocation,
(ii) Any of the following: 100 hours of community service, $300 to $1000 fine,
(iii) undergo assessment and treatment with the costs borne by the person,
(iv) may be ordered to reimburse the county for any blood or urine tests
conducted pursuant to H.R.S. §291E-11, and
(v) assessment and treatment, if necessary.
ADDITIONAL ASSESSMENTS AND FEES
In addition to the above penalties, the court must impose the following
assessments and fees:
1. Driver education assessment: all offenses $7
2. DUI driver education assessment: DUI and habitual DUI $100
3. Crime victim fee: petty misdemeanor $30, misdemeanor $55, felony $105-$550
4. Drug demand reduction fee: DUI $250, misdemeanor $500, class C felony $1000
ALCOHOL ENFORCEMENT CONTACT means
(1) Any administrative revocation ordered pursuant to part III of H.R.S.
Chapter 291E;
(2) Any administrative revocation ordered pursuant to part XIV of chapter 286,
as that part was in effect on or before December 31, 2001;
(3) Any suspension or revocation of any license or motor vehicle registration,
or both, or any suspension or revocation of a privilege to operate a vessel
underway imposed by this or any other state or federal jurisdiction for
refusing to submit to a test for alcohol concentration;
(4) Any conviction in Hawaii for operating or being in physical control of a
vehicle while having an unlawful alcohol concentration or while under the
influence of alcohol; or
(5) Any conviction in any other state or federal jurisdiction for an offense
that is comparable to operating or being in physical control of a vehicle
while having an unlawful alcohol concentration or while under the influence of
alcohol.
STATUTORY DRINKING-DRIVING PRESUMPTIONS: For a BAC of .05% or less within
three hours after the alleged offense - presumed not under the influence of
intoxicating liquor. BAC or more than .05% but less than .08% within three
hours after the alleged offense - admissible but no presumption. BAC of .08%
or more within three hours after the alleged offense - competent evidence that
the person was under the influence of an intoxicant at the time of the
offense.
IMPLIED CONSENT LAWS: Tests permitted:
A. Alcohol: Blood and/or breath test as designated by person tested.
B. Drug(s): Blood and/or uring test as designated by person tested.
Type of advisement required: Sanctions for refusal in H.R.S. §291E-41(b).
After December 31, 2006, no advisement unless person refuses, then sanctions
of H.R.S. §291E-41(b).
PERIODS OF ADMINISTRATIVE REVOCATION:
(1) A minimum of three months up to a maximum of one year revocation of
license and privilege to operate a vehicle, if the driver’s record shows no
prior alcohol enforcement contact or drug enforcement contact during the five
years preceding the date the notice of administrative revocation was issued;
(2) A minimum of one year up to a maximum of two years revocation of license
and privilege to operate a vehicle and of the registration of any motor
vehicle registered to the driver, if the driver's record shows one prior
alcohol enforcement contact or drug enforcement contact during the five years
preceding the date the notice of administrative revocation was issued;
(3) A minimum of two years up to a maximum of four years revocation of license
and privilege to operate a vehicle and of the registration of any motor
vehicle registered to the driver, if the driver's record shows two prior
alcohol enforcement contacts or drug enforcement contacts during the seven
years preceding the date the notice of administrative revocation was issued;
(4) Lifetime revocation of license and privilege to operate a vehicle and of
the registration of any motor vehicle registered to the driver and a lifetime
prohibition on any subsequent registration of motor vehicles by the driver, if
the driver's record shows three or more prior alcohol enforcement contacts or
drug enforcement contacts during the ten years preceding the date the notice
of administrative revocation was issued; or
(5) For drivers under the age of eighteen years who were arrested for a
violation of section 291E-61 or 291E-61.5, revocation of license and privilege
to operate a vehicle either for the period remaining until the driver's
eighteenth birthday or, if applicable, for the appropriate revocation period
provided in paragraphs (1) to (4) or in subsection (d), whichever is longer
and such drivers shall not qualify for a conditional permit.
When more than one administrative revocation, suspension, or conviction arises
out of the same arrest, it shall be counted as only one prior alcohol
enforcement contact or drug enforcement contact, whichever revocation,
suspension, or conviction occurs later.
Effective July 1, 2007, a new category has been created for highly intoxicated
drivers meaning that there is a chemical test showing a BrAC and/or BAC of .15
or greater in which case the revocation of license and privilege to operate a
vehicle is increased to a minimum of six months, all other sanctions remain
the same.
ADMISSIBILITY OF REFUSAL:
Admissible only in license revocation hearing, not in criminal OVUII/DUI
prosecution.
CONDITIONAL DRIVING PERMITS:
A conditional driving permit following a license suspension and/or revocation
may be granted only in the following situations:
(1) Following a conviction for a first offense OVUII/DUI under H.R.S. §291E-61(a), a
conditional driving permit may be granted for the last 60 days of the 90 day
suspension limited to work-related purposes and participation in substance
abuse treatment programs.
(2) Following a conviction for a first offense driving with a measurable
amount of alcohol, a conditional driving permit may be granted to a driver 18
years or older after the first 30 days of the revocation period for the
remainder of the period limited to work-related purposes and participation in
substance abuse treatment programs.
(3) Following an administrative driver’s license revocation to a driver who
has taken a chemical test (breath, blood, or urine) , conditional driving
permit may be granted after the first 30 days of the revocation period for the
remaining period of the revocation provided the driver’s employment requires
driving to avoid discharge or there is no access to alternative transportation
to work or substance abuse treatment.
COMMERCIAL DRIVER’S LICENSES:
Any holder of a commercial driver’s license under H.R.S. §286-239(b) or a
category no. 4 license under H.R.S. §286-102(b) is not entitled to a
conditional driving permit under any circumstances.
CHEMICAL TEST LAWS:
General provisions: Delegated to State Department of Health
Administrative rules & regulations: Adopted by Department of Health, Chapter
1-114-1 et seq.
Disclosure of test information: Full information must be provided upon
request.
BLOOD-DRAWING STATUTE:
Only a physician, registered nurse, or person licensed in a clinical
laboratory occupation under H.R.S. §291E-12, may withdraw blood for the
purpose of chemical testing.
INDEPENDENT TEST STATUTE:
The person tested may have physician or other qualified individual of the
person’s own choosing withdraw blood and administer a test in addition to the
police test. The result of such a test is admissible as provided in H.R.S.
§291E-13 & 3. The failure or inability to obtain additional test does not
preclude admission in evidence of the police test.
PLEA BARGAINING STATUTE:
None. There is no plea bargaining in Hawaii.
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Hawaii
Rules of Evidence Annotated, Third Edition
Practical reference for all Hawaii
attorneys. Contains the rules, annotations, practice pointers, and research
references.
Includes
rules through the 2000 Legislative Session, and case annotations from the
Supreme Court Reporter, Hawaii
Reports, and Hawaii Appellate
Reports.
Earle
A. Partington biographical sketch and printable
résumé
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