CHAPTER 291E

USE OF INTOXICANTS WHILE OPERATING A VEHICLE

 

Part I. General Provisions

Section

291E-1 Definitions

291E-2 Medical services

291E-3 Evidence of intoxication

291E-4 Convictions and acts prior to January 1, 2002

291E-5 Ignition interlock user affordability

291E-6 Ignition interlock devices; certification

291E-6.5 Continuous alcohol monitoring device; requirement;

penalties

291E-7 Trauma system surcharge

 

Part II. Testing and Implied Consent

291E-11 Implied consent of operator of vehicle to submit to

testing to determine alcohol concentration and drug

content

291E-12 Persons qualified to take blood specimen

291E-13 Additional tests

291E-14 Consent of person incapable of refusal not withdrawn

291E-15 Refusal to submit to breath, blood, or urine test;

subject to administrative revocation proceedings

291E-16 Repealed

291E-17 Other evidence not excluded

291E-18 Test results to be collected

291E-19 Authorization to establish intoxicant control

roadblock programs

291E-20 Minimum standards for roadblock procedures

291E-21 Applicable scope of part; mandatory testing in the

event of a collision resulting in injury or death

291E-22 Presence of drugs or metabolic products;

admissibility

 

Part III. Administrative Revocation Process

291E-31 Notice of administrative revocation; effect

291E-32 Criminal prosecution

291E-33 Probable cause determination; issuance of notice of

administrative revocation; procedures

291E-34 Notice of administrative revocation; contents

291E-35 Immediate restoration of license

291E-36 Documents required to be submitted for

administrative review; sworn statements

291E-37 Administrative review; procedures; decision

291E-38 Administrative hearing; procedure; decision

291E-39 Fees and costs

291E-40 Judicial review; procedure

291E-41 Effective date, conditions, and period of

administrative revocation; criteria

291E-42 Notice to other states

291E-43 Administrative procedure act

291E-44 Repealed

291E-44.5 Ignition interlock permits; driving for employment

291E-45 Eligibility for relicensing and reregistration

of motor vehicle

291E-45.5 Repeat intoxicated driver after December 31, 2010;

eligibility to obtain motor vehicle registration

and number plates

291E-46 Computation of time

291E-47 Failure to surrender number plates

291E-48 Special motor vehicle registration

291E-49 Transferring title to, or ownership interest in,

vehicle prohibited; exceptions

291E-50 Notice to the department of land and natural

resources of suspensions and revocations of

operating privileges

 

Part IV. Prohibited Conduct

291E-61 Operating a vehicle under the influence of an

intoxicant

291E-61.5 Habitually operating a vehicle under the influence

of an intoxicant

291E-61.6 Petition for ignition interlock instruction permit

and ignition interlock permit; eligibility;

requirements

291E-62 Operating a vehicle after license and privilege have

been suspended or revoked for operating a vehicle

under the influence of an intoxicant; penalties

291E-63 Records of suspensions and revocations of operating

privileges to be maintained

291E-64 Operating a vehicle after consuming a measurable

amount of alcohol; persons under the age of

twenty-one

291E-65 Refusal to submit to testing for measurable amount

of alcohol; district court hearing; sanctions;

appeals; admissibility

291E-66 Circumvention of, or tampering with, an ignition

interlock device by a person who has been

restricted to operating a vehicle equipped with an

ignition interlock device; penalties

291E-67 Assisting or abetting the circumvention of, or

tampering with, an ignition interlock device;

penalties

291E-68 Repealed

 

Note

 

Task force to examine and propose legislation that would allow the courts, under certain circumstances, to prohibit a person convicted of operating a vehicle under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant from purchasing or publicly consuming alcohol for a probation period; report to 2020 legislature. L 2019, c 169, 4.

 

Case Notes

 

The completion of certain administrative driver's license revocation office forms by defendant and subsequent transmittal of the forms by a civilian police officer for the Navy to the office did not violate the Posse Comitatus Act as (1) the enforcement of Hawaii state law against military personnel on a military base does not infringe on civil authority, and (2) a primary purpose for the completion and transmittal was established; thus, suspension of defendant's license affirmed. 110 H. 172, 130 P.3d 1037.

 

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