REPORT TITLE:
DUI; MV; Forfeiture


DESCRIPTION:
Requires forfeiture of motor vehicles driven at the time of a 3rd
DUI offense or an offense of habitually driving under the
influence of intoxicating liquor.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            123         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR.



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

 1      SECTION 1.  Section 291-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  A person committing the offense of driving under the
 
 4 influence of intoxicating liquor shall be sentenced as follows
 
 5 without possibility of probation or suspension of sentence:
 
 6      (1)  For the first offense, or any offense not preceded
 
 7           within a five-year period by a conviction under this
 
 8           section, by:
 
 9           (A)  A fourteen-hour minimum alcohol abuse
 
10                rehabilitation program including education and
 
11                counseling, or other comparable program deemed
 
12                appropriate by the court; [and]
 
13           (B)  Ninety-day prompt suspension of license with
 
14                absolute prohibition from operating a motor
 
15                vehicle during suspension of license, or the court
 
16                may impose, in lieu of the ninety-day prompt
 
17                suspension of license, a minimum thirty-day prompt
 
18                suspension of license with absolute prohibition
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1                from operating a motor vehicle and, for the
 
 2                remainder of the ninety-day period, a restriction
 
 3                on the license that allows the person to drive for
 
 4                limited work-related purposes and to participate
 
 5                in alcoholism treatment programs; and
 
 6           (C)  Any one or more of the following:
 
 7                (i)  Seventy-two hours of community service work;
 
 8               (ii)  Not less than forty-eight hours and not more
 
 9                     than five days of imprisonment; or
 
10              (iii)  A fine of not less than $150 but not more
 
11                     than $1,000.
 
12      (2)  For an offense [which] that occurs within five years of
 
13           a prior conviction under this section, by:
 
14           (A)  Prompt suspension of license for a period of one
 
15                year with the absolute prohibition from operating
 
16                a motor vehicle during suspension of license;
 
17           (B)  Either one of the following:
 
18                (i)  Not less than one hundred hours of community
 
19                     service work; or
 
20               (ii)  Not less than forty-eight consecutive hours
 
21                     but not more than fourteen days of
 
22                     imprisonment, of which at least forty-eight
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1                     hours shall be served consecutively; and
 
 2           (C)  A fine of not less than $500 but not more than
 
 3                $1,500.
 
 4      (3)  For an offense [which] that occurs within five years of
 
 5           two prior convictions under this section, by:
 
 6           (A)  A fine of not less than $500 but not more than
 
 7                $2,500;
 
 8           (B)  Revocation of license for a period not less than
 
 9                one year but not more than five years; [and]
 
10           (C)  Not less than ten days but not more than thirty
 
11                days imprisonment, of which at least forty-eight
 
12                hours shall be served consecutively[.]; and
 
13           (D)  Forfeiture of the motor vehicle being driven at
 
14                the time of an offense, as provided in this
 
15                subsection.
 
16     [(4)] Notwithstanding any other law to the contrary, any
 
17 conviction for driving under the influence of intoxicating
 
18 liquor[,] shall be considered a prior conviction[.
 
19      (5)]; and any motor vehicle being driven at the time of an
 
20 offense for which the driver is subsequently convicted under
 
21 paragraph (3) shall be ordered forfeited to the State for sale or
 
22 other disposition, subject to the requirements of chapter 712A.
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 No license suspension or revocation shall be imposed pursuant to
 
 2 this subsection if the person's license has previously been
 
 3 administratively revoked pursuant to part XIV of chapter 286 for
 
 4 the same offense; provided that, if the administrative revocation
 
 5 is subsequently reversed, the person's license shall be suspended
 
 6 or revoked as provided in this subsection."
 
 7      SECTION 2.  Section 291-4.4, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "[[]291-4.4[]]  Habitually driving under the influence of
 
10 intoxicating liquor or drugs.(a)  A person commits the offense
 
11 of habitually driving under the influence of intoxicating liquor
 
12 or drugs if, during a ten-year period the person has been
 
13 convicted three or more times for a driving under the influence
 
14 offense; and
 
15      (1)  The person operates or assumes actual physical control
 
16           of the operation of any vehicle while under the
 
17           influence of intoxicating liquor, meaning that the
 
18           person is under the influence of intoxicating liquor in
 
19           an amount sufficient to impair the person's normal
 
20           mental faculties or ability to care for oneself and
 
21           guard against casualty;
 
22      (2)  The person operates or assumes actual physical control
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           of the operation of any vehicle with .08 or more grams
 
 2           of alcohol per one hundred milliliters or cubic
 
 3           centimeters of blood or .08 or more grams of alcohol
 
 4           per two hundred ten liters of breath; or
 
 5      (3)  A person operates or assumes actual physical control of
 
 6           the operation of any vehicle while under the influence
 
 7           of any drug which impairs such person's ability to
 
 8           operate the vehicle in a careful and prudent manner.
 
 9           The term "drug" as used in this section shall mean any
 
10           controlled substance as defined and enumerated on
 
11           schedules I through IV of chapter 329.
 
12      (b)  For the purposes of this section a driving under the
 
13 influence offense means a violation of section 291-4, 291-7, or
 
14 707-702.5, or violation of laws in another jurisdiction which
 
15 requires proof of each element of the offenses punishable under
 
16 either section 291-4, 291-7, or 707-702.5 if committed in Hawaii.
 
17      (c)  Habitually driving under the influence of intoxicating
 
18 liquor or drugs is a class C felony.
 
19      (d)  Notwithstanding any other provision of law to the
 
20 contrary and in addition to any other penalty imposed under this
 
21 section, the court shall order the forfeiture of the motor
 
22 vehicle that was being driven by the defendant at the time of the
 

 
 
 
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 1 offense for which the defendant has been convicted under this
 
 2 section.  The motor vehicle shall be forfeited to the State for
 
 3 sale or other disposition, subject to the requirements of chapter
 
 4 712A."
 
 5      SECTION 3.  This Act does not affect rights and duties that
 
 6 matured, penalties that were incurred, and proceedings that were
 
 7 begun, before its effective date.
 
 8      SECTION 4.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 5.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:_________________________