REPORT TITLE:
DUI; Blood-Alcohol Level


DESCRIPTION:
Lowers the legal alcohol concentration level for driving under
the influence of intoxicating liquor related offenses from .08 to
.04. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        31
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ALCOHOL CONCENTRATION LEVELS.



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

 1      SECTION 1.  The legislature finds that research and field
 
 2 literature demonstrate some driving-related impairment for many
 
 3 people at any level of blood-alcohol content.  Substantial and
 
 4 consistent impairment begins at .04 per cent to .05 per cent
 
 5 blood-alcohol content.  As blood-alcohol content levels increase,
 
 6 so do individual impairment and the likelihood of impairment
 
 7 across the entire population.  The risk of fatal crashes greatly
 
 8 increases at .04 per cent to .05 per cent blood-alcohol content,
 
 9 with greatly increased risk at .10 per cent blood-alcohol
 
10 content.
 
11      The Alcohol and the Impaired Driver:  A Manual on the
 
12 Medicolegal Aspects of Chemical Tests for Intoxication, published
 
13 in 1968 by the American Medical Association, concluded:
 
14      "Analysis of the epidemiological studies indicates that
 
15      a clear relationship exists between the consumption of
 
16      alcoholic beverages and the frequency of involvement in
 
17      vehicular accidents....
 
18      All studies indicate a proportionality in the
 
19      probability of being involved in an auto accident with
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      the increase in blood-alcohol level....  It is apparent
 
 2      that impairment in some drivers commences at a low
 
 3      level and 0.04 percent w/v (40 mg/100 ml) seems to be
 
 4      the threshold.  ...Despite...limitations all of the
 
 5      results of the tests, both real and simulated, have led
 
 6      to the conclusion that driving skill deteriorates with
 
 7      a relatively low blood-alcohol level, certainly less
 
 8      than 0.05 percent w/v (50 mg/100 ml)."
 
 9      A recent American Medical Association report on drivers
 
10 impaired by alcohol reported the extent and cost of alcohol-
 
11 impaired driving in the United States as follows:
 
12      "In 1995, alcohol-related motor vehicle crashes
 
13      resulted in 17,274 deaths in the United States with
 
14      intoxication rates in fatal crashes highest for persons
 
15      aged 21 to 24.  These deaths represent an average of
 
16      one alcohol-related fatality every 30 minutes.  In
 
17      addition, more than 300,000 persons were injured in
 
18      crashes where police reported the presence of alcohol.
 
19      That represents one person injured approximately every
 
20      2 minutes.  Over their lifetimes, about 2 in every 5
 
21      Americans will be involved in an alcohol-related crash.
 
22      The economic costs of drinking and driving also are
 
23      quite high.  One researcher estimated that in 1990
 

 
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 1      alcohol-related motor vehicle crashes cost the nation
 
 2      $3.87 billion, exclusive of the economic costs of
 
 3      medical services, morbidity, and mortality.  This
 
 4      amounted to 3.9% of total economic costs of alcohol
 
 5      abuse.  Reviewing the motor vehicle crash data for
 
 6      1994, the National Highway Traffic Safety
 
 7      Administration (NHTSA) estimated that alcohol-involved
 
 8      crashes caused $45 billion or 30% of all crash costs,
 
 9      including 17% of property damage-only crash costs, 29%
 
10      of nonfatal injury crash costs and 47% of fatal injury
 
11      crash costs....
 
12      Overall, the alcohol-attributable medical spending for
 
13      driving under the influence (DUI) is estimated at $5.4
 
14      billion per year, with each victim bearing an average
 
15      cost of $36,000."
 
16      The legislature finds that experience has shown in this
 
17 nation and in others that lower blood-alcohol content levels have
 
18 resulted in substantially fewer motor vehicle crashes, injuries,
 
19 and deaths.  The combination of this experience with clinical and
 
20 experimental research points to the need to further lower legal
 
21 blood-alcohol content levels to reduce the problems related to
 
22 alcohol-impaired driving.
 
23      Accordingly, the purpose of this Act is to lower the legal
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 alcohol concentration level for driving under the influence of
 
 2 intoxicating liquor related offenses from .08 to .04.
 
 3      SECTION 2.  Section 286-256, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "286-256  Immediate restoration of license.  If a test
 
 6 conducted in accordance with part VII and section 321-161 and the
 
 7 rules adopted thereunder shows that the arrestee's alcohol
 
 8 concentration was less than [.08,] .04, the director or the
 
 9 arresting agency immediately shall [immediately] return the
 
10 arrestee's license along with a certified statement that
 
11 administrative revocation proceedings have been terminated with
 
12 prejudice."
 
13      SECTION 3.  Section 286-257, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  Whenever a person:  is arrested for a violation of
 
16 section 291-4 or 291-4.4 and submits to a test that establishes
 
17 that the arrestee's alcohol concentration was [.08] .04 or more;
 
18 or has been involved in a collision resulting in injury or death
 
19 and a blood test performed pursuant to section 286-163
 
20 establishes that the person's alcohol concentration was [.08]
 
21 .04, or more, the following shall be immediately forwarded to the
 
22 director:
 
23      (1)  A copy of the arrest report or the report of the
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           officer who issued the notice of administrative
 
 2           revocation to the person involved in a collision
 
 3           resulting in injury or death and the sworn statement of
 
 4           the arresting officer or the officer who issued the
 
 5           notice of administrative revocation stating facts that
 
 6           establish that:
 
 7           (A)  There was reasonable suspicion to stop the motor
 
 8                vehicle, the motor vehicle was stopped at an
 
 9                intoxication and drug control roadblock
 
10                established and operated in compliance with
 
11                sections 286-162.5 and 286-162.6, or the person
 
12                was tested pursuant to section 286-163;
 
13           (B)  There was probable cause to believe that the
 
14                arrestee had been driving, operating, or in actual
 
15                physical control of the motor vehicle while under
 
16                the influence of intoxicating liquor;
 
17           (C)  The arrestee was informed:  of the sanctions of
 
18                this part[,]; that criminal charges may be
 
19                filed[,]; and of the consequences of refusing to
 
20                be tested for alcohol concentration; and
 
21           (D)  The arrestee agreed to be tested or the person was
 
22                tested pursuant to section 286-163;
 
23      (2)  The sworn statement of the person responsible for
 

 
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 1           maintenance of the testing equipment stating facts that
 
 2           establish that pursuant to section 321-161 and rules
 
 3           adopted thereunder:
 
 4           (A)  The equipment used to conduct the test was
 
 5                approved for use as an alcohol testing device in
 
 6                this State;
 
 7           (B)  The person had been trained, and at the time the
 
 8                test was conducted, was certified and capable of
 
 9                maintaining the testing equipment; and
 
10           (C)  The testing equipment used had been properly
 
11                maintained and was in good working condition when
 
12                the test was conducted;
 
13      (3)  The sworn statement of the person who conducted the
 
14           test stating facts that establish that pursuant to
 
15           section 321-161 and rules adopted thereunder:
 
16           (A)  The person was trained, and at the time the test
 
17                was conducted, was certified and capable of
 
18                operating the testing equipment;
 
19           (B)  The person followed the procedures established for
 
20                conducting the test;
 
21           (C)  The equipment used to conduct the test functioned
 
22                in accordance with operating procedures and
 
23                indicated that the person's alcohol concentration
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1                was at, or above, the prohibited level; and
 
 2           (D)  The person whose breath or blood was tested was
 
 3                the person arrested;
 
 4      (4)  A copy of the notice of administrative revocation
 
 5           issued to the arrestee;
 
 6      (5)  Any driver's license taken into possession by the
 
 7           arresting officer; and
 
 8      (6)  A listing of any prior alcohol enforcement contacts
 
 9           involving the arrestee."
 
10      SECTION 4.  Section 286-258, Hawaii Revised Statutes, is
 
11 amended by amending subsection (d) to read as follows:
 
12      "(d)  The director shall administratively revoke the
 
13 arrestee's driver's license if the director determines that:
 
14      (1)  There existed reasonable suspicion to stop the motor
 
15           vehicle, the motor vehicle was stopped at an
 
16           intoxication and drug control roadblock established and
 
17           operated in compliance with sections 286-162.5 and
 
18           286-162.6, or the person was tested pursuant to section
 
19           286-163;
 
20      (2)  There existed probable cause to believe that the
 
21           arrestee drove, operated, or was in actual physical
 
22           control of the motor vehicle while under the influence
 
23           of intoxicating liquor; and
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      (3)  The evidence proves by a preponderance that the
 
 2           arrestee drove, operated, or was in actual physical
 
 3           control of the motor vehicle while under the influence
 
 4           of intoxicating liquor or while having an alcohol
 
 5           concentration of [.08] .04 or more or that the arrestee
 
 6           refused to submit to a breath or blood test after being
 
 7           informed of the sanctions of this part."
 
 8      SECTION 5.  Section 286-259, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (e) to read as follows:
 
10      "(e)  The director shall affirm the administrative
 
11 revocation only if the director determines that:
 
12      (1)  There existed reasonable suspicion to stop the motor
 
13           vehicle, the motor vehicle was stopped at an
 
14           intoxication and drug control roadblock established and
 
15           operated in compliance with sections 286-162.5 and
 
16           286-162.6, or the person was tested pursuant to section
 
17           286-163;
 
18      (2)  There existed probable cause to believe that the
 
19           arrestee drove, operated, or was in actual physical
 
20           control of the motor vehicle while under the influence
 
21           of intoxicating liquor; and
 
22      (3)  The evidence proves by a preponderance that the
 
23           arrestee drove, operated, or was in actual physical
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           control of the motor vehicle while under the influence
 
 2           of intoxicating liquor or while having an alcohol
 
 3           concentration of [.08] .04 or more or that the arrestee
 
 4           refused to submit to a breath or blood test after being
 
 5           informed of the sanctions of this part."
 
 6      SECTION 6.  Section 291-4, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (a) to read as follows:
 
 8      "(a)  A person commits the offense of driving under the
 
 9 influence of intoxicating liquor if:
 
10      (1)  The person operates or assumes actual physical control
 
11           of the operation of any vehicle while under the
 
12           influence of intoxicating liquor, meaning that the
 
13           person concerned is under the influence of intoxicating
 
14           liquor in an amount sufficient to impair the person's
 
15           normal mental faculties or ability to care for
 
16           [oneself] one's self and guard against casualty; or
 
17      (2)  The person operates or assumes actual physical control
 
18           of the operation of any vehicle with [.08] .04 or more
 
19           grams of alcohol per one hundred milliliters or cubic
 
20           centimeters of blood or [.08] .04 or more grams of
 
21           alcohol per two hundred ten liters of breath."
 
22      SECTION 7.  Section 291-4.3, Hawaii Revised Statutes, is
 
23 amended by amending subsection (a) to read as follows:
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      "(a)  It shall be unlawful for any person under the age of
 
 2 twenty-one years to drive, operate, or assume actual physical
 
 3 control of the operation of any vehicle with a measurable amount
 
 4 of alcohol concentration.  A law enforcement officer may arrest a
 
 5 person under this section when the officer has probable cause to
 
 6 believe the arrested person is under the age of twenty-one and
 
 7 had been driving or was in actual physical control of a motor
 
 8 vehicle or moped upon the public highways with a measurable
 
 9 amount of alcohol.  For purposes of this section, "measurable
 
10 amount of alcohol" means a test result equal to or greater than
 
11 .02 but less than [.08] .04 grams of alcohol per one hundred
 
12 milliliters or cubic centimeters of blood or equal to or greater
 
13 than .02 but less than [.08] .04 grams of alcohol per two hundred
 
14 ten liters of breath."
 
15      SECTION 8.  Section 291-4.4, Hawaii Revised Statutes, is
 
16 amended by amending subsection (a) to read as follows:
 
17      "(a)  A person commits the offense of habitually driving
 
18 under the influence of intoxicating liquor or drugs if, during a
 
19 ten-year period the person has been convicted three or more times
 
20 for a driving under the influence offense; and
 
21      (1)  The person operates or assumes actual physical control
 
22           of the operation of any vehicle while under the
 
23           influence of intoxicating liquor, meaning that the
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           person is under the influence of intoxicating liquor in
 
 2           an amount sufficient to impair the person's normal
 
 3           mental faculties or ability to care for [oneself] one's
 
 4           self and guard against casualty;
 
 5      (2)  The person operates or assumes actual physical control
 
 6           of the operation of any vehicle with [.08] .04 or more
 
 7           grams of alcohol per one hundred milliliters or cubic
 
 8           centimeters of blood or [.08] .04 or more grams of
 
 9           alcohol per two hundred ten liters of breath; or
 
10      (3)  A person operates or assumes actual physical control of
 
11           the operation of any vehicle while under the influence
 
12           of any drug which impairs such person's ability to
 
13           operate the vehicle in a careful and prudent manner.
 
14           The term "drug" as used in this section shall mean any
 
15           controlled substance as defined and enumerated on
 
16           schedules I through IV of chapter 329."
 
17      SECTION 9.  Section 291-5, Hawaii Revised Statutes, is
 
18 amended by amending subsections (a) and (b) to read as follows:
 
19      "(a)  In any criminal prosecution for a violation of section
 
20 291-4, [.08] .04 or more grams of alcohol per one hundred
 
21 milliliters or cubic centimeters of the defendant's blood or
 
22 [.08] .04 or more grams of alcohol per two hundred ten liters of
 
23 the defendant's breath within three hours after the time of the
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 alleged violation as shown by chemical analysis or other approved
 
 2 analytical techniques of the defendant's blood or breath shall be
 
 3 competent evidence that the defendant was under the influence of
 
 4 intoxicating liquor at the time of the alleged violation.
 
 5      (b)  In any criminal prosecution for a violation of section
 
 6 291-4, the amount of alcohol found in the defendant's blood or
 
 7 breath within three hours after the time of the alleged violation
 
 8 as shown by chemical analysis or other approved analytical
 
 9 techniques of the defendant's blood or breath shall be competent
 
10 evidence that the defendant was under the influence of
 
11 intoxicating liquor at the time of the alleged violation and
 
12 shall give rise to the following presumptions:
 
13      (1)  If there were [.05 or] less than .02 grams of alcohol
 
14           per one hundred milliliters or cubic centimeters of
 
15           blood or [.05 or] less than .02 grams of alcohol per
 
16           two hundred ten liters of defendant's breath, it shall
 
17           be presumed that the defendant was not under the
 
18           influence of intoxicating liquor at the time of the
 
19           alleged violation; and
 
20      (2)  If there were in excess of [.05] .02 grams of alcohol
 
21           per one hundred milliliters or cubic centimeters of
 
22           defendant's blood or [.05] .02 grams of alcohol per two
 
23           hundred ten liters of defendant's breath, but less than
 

 
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 1           [.08] .04 grams of alcohol per one hundred milliliters
 
 2           or cubic centimeters of defendant's blood or [.08] .04
 
 3           grams of alcohol per two hundred ten liters of
 
 4           defendant's breath, that fact may be considered with
 
 5           other competent evidence in determining whether [or
 
 6           not] the defendant was [at the time of the alleged
 
 7           violation] under the influence of intoxicating liquor
 
 8           at the time of the alleged violation, but shall not of
 
 9           itself give rise to any presumption."
 
10      SECTION 10.  This Act does not affect rights and duties that
 
11 matured, penalties that were incurred, and proceedings that were
 
12 begun, before its effective date.
 
13      SECTION 11.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 12.  This Act shall take effect upon its approval.