Report Title:

Use of Intoxicants; Implied Consent; Test for Drug Content

Description:

Clarifies purpose of test under implied consent provisions. Allows law enforcement officer to direct person to take appropriate test for determining drug content.

THE SENATE

S.B. NO.

2645

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to use of intoxicants.

 

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

SECTION 1. Section 291E-11, Hawaii Revised Statutes, is amended as follows:

(1) By amending subsection (a) to read:

"(a) Any person who operates a vehicle upon a public way, street, road, or highway or on or in the waters of the State shall be deemed to have given consent, subject to this part, to a test or tests approved by the director of health [of the person's breath, blood, or urine] for [the]:

(1) The purpose of determining alcohol concentration [or] of the person's breath or blood; and

(2) The purpose of determining drug content of the person's [breath,] blood[,] or urine[, as applicable]."

(2) By amending subsections (d) and (e) to read:

"(d) If there is probable cause to believe that a person is in violation of section 291E-61, as a result of having consumed any drug, then the [person] law enforcement officer shall [elect] direct the person to take a blood or urine test, or both, for the purpose of determining the drug content. Drug content shall be measured by the presence of any drug or its metabolic products, or both.

(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 law enforcement officer has probable cause to believe that the person was operating a vehicle while 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 law enforcement officer shall state in the officer's report the facts upon which that belief is based. The [person] law enforcement officer shall [elect] direct the person to take a blood or urine test, or both, for the purpose of determining the person's drug content. 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 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________