REPORT TITLE:
DUI; MV; Forfeiture


DESCRIPTION:
Subjects motor vehicles driven at the time of a 3rd DUI offense
or an offense of habitually driving under the influence of
intoxicating liquor or drugs to forfeiture law. (HB123 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        123
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
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
 
19                from operating a motor vehicle and, for the
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

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

 
 
 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1                and
 
 2           (C)  A fine of not less than $500 but not more than
 
 3                $1,500[.]; and
 
 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.
 
13      [(4)] Notwithstanding any other law to the contrary, any
 
14 conviction for driving under the influence of intoxicating
 
15 liquor[,] shall be considered a prior conviction[.
 
16      (5)]; and any motor vehicle being driven at the time of an
 
17 offense for which the driver is subsequently convicted under
 
18 paragraph (3) may be subject to forfeiture pursuant to chapter
 
19 712A.  No license suspension or revocation shall be imposed
 
20 pursuant to this subsection if the person's license has
 
21 previously been administratively revoked pursuant to part XIV of
 
22 chapter 286 for the same offense; provided that, if the
 

 
 
 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 administrative revocation is subsequently reversed, the person's
 
 2 license shall be suspended or revoked as provided in this
 
 3 subsection."
 
 4      SECTION 2.  Section 291-4.4, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]291-4.4[]]  Habitually driving under the influence of
 
 7 intoxicating liquor or drugs.(a)  A person commits the offense
 
 8 of habitually driving under the influence of intoxicating liquor
 
 9 or drugs if, during a ten-year period the person has been
 
10 convicted three or more times for a driving under the influence
 
11 offense; and
 
12      (1)  The person operates or assumes actual physical control
 
13           of the operation of any vehicle while under the
 
14           influence of intoxicating liquor, meaning that the
 
15           person is under the influence of intoxicating liquor in
 
16           an amount sufficient to impair the person's normal
 
17           mental faculties or ability to care for [oneself] the
 
18           person and guard against casualty;
 
19      (2)  The person operates or assumes actual physical control
 
20           of the operation of any vehicle with .08 or more grams
 
21           of alcohol per one hundred milliliters or cubic
 
22           centimeters of blood or .08 or more grams of alcohol
 
23           per two hundred ten liters of breath; or
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (3)  A person operates or assumes actual physical control of
 
 2           the operation of any vehicle while under the influence
 
 3           of any drug [which] that impairs [such] the person's
 
 4           ability to operate the vehicle in a careful and prudent
 
 5           manner.  The term "drug" as used in this section shall
 
 6           mean any controlled substance as defined and enumerated
 
 7           on schedules I through IV of chapter 329.
 
 8      (b)  For the purposes of this section [a], driving under the
 
 9 influence offense means a violation of section 291-4, 291-7, or
 
10 707-702.5, or violation of laws in another jurisdiction [which]
 
11 that requires proof of each element of the offenses punishable
 
12 under either section 291-4, 291-7, or 707-702.5 if committed in
 
13 Hawaii.
 
14      (c)  Habitually driving under the influence of intoxicating
 
15 liquor or drugs is a class C felony.
 
16      (d)  Notwithstanding any other provision of law to the
 
17 contrary, any motor vehicle being driven at the time of an
 
18 offense for which the driver is subsequently convicted under this
 
19 section may be subject to forfeiture pursuant to chapter 712A."
 
20      SECTION 3.  This Act does not affect rights and duties that
 
21 matured, penalties that were incurred, and proceedings that were
 
22 begun, before its effective date.
 

 
 
 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      SECTION 4.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 5.  This Act shall take effect upon its approval.