REPORT TITLE:
Impaired Driving


DESCRIPTION:
Adds habitual driving offense to implied consent law.  Defines a
preliminary alcohol screening device and clarifies that its use
is not a substitute for a test under the implied consent law.
(CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3073
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO IMPAIRED DRIVING.



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

 1      SECTION 1.  Section 286-151, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "286-151  Implied consent of driver of motor vehicle or
 
 4 moped to submit to testing to determine alcohol concentration and
 
 5 drug content.(a)  Any person who operates a motor vehicle or
 
 6 moped on the public highways of the State shall be deemed to have
 
 7 given consent, subject to this part, to a test or tests approved
 
 8 by the director of health of the person's breath, blood, or urine
 
 9 for the purpose of determining alcohol concentration or drug
 
10 content of the person's breath, blood, or urine, as applicable.
 
11      (b)  The test or tests shall be administered at the request
 
12 of a police officer having probable cause to believe the person
 
13 driving or in actual physical control of a motor vehicle or moped
 
14 upon the public highways is under the influence of intoxicating
 
15 liquor or drugs, or is under the age of twenty-one and has a
 
16 measurable amount of alcohol concentration, only after:
 
17      (1)  A lawful arrest; and
 
18      (2)  The person has been informed by a police officer of the
 
19           sanctions under part XIV and sections 286-151.5 and
 

 
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 1           286-157.3.
 
 2      (c)  If there is probable cause to believe that a person is
 
 3 in violation of section 291-4 [or section], 291-4.3, or 291-4.4,
 
 4 then the person shall have the option to take a breath or blood
 
 5 test, or both, for the purpose of determining the alcohol
 
 6 concentration.
 
 7      (d)  If there is probable cause to believe that a person is
 
 8 in violation of section 291-7, then the person shall have the
 
 9 option to take a blood or urine test, or both, for the purpose of
 
10 determining the drug content.  Drug content shall be measured by
 
11 the presence of any scheduled drug as provided in section 291-7
 
12 or its metabolic products or both.  The person shall be informed
 
13 of the sanctions of section 286-157.3 for failure to take either
 
14 test.
 
15      (e)  A person who chooses to submit to a breath test under
 
16 subsection (c) also may be requested to submit to a blood or
 
17 urine test, if the officer has probable cause to believe that the
 
18 person was driving under the influence of any drug under
 
19 section 291-7 or the combined influence of alcohol and drugs and
 
20 the officer has probable cause to believe that a blood or urine
 
21 test will reveal evidence of the person being under the influence
 
22 of drugs.  The officer shall state in the officer's report the
 
23 facts upon which that belief is based.  The person shall have the
 

 
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 1 option to take a blood or urine test, or both, for the purpose of
 
 2 determining the person's drug content.  Results of a blood or
 
 3 urine test conducted to determine drug content also shall be
 
 4 admissible for the purpose of determining the person's alcohol
 
 5 content.  Submission to testing for drugs under subsection (d) or
 
 6 this subsection shall not be a substitute for alcohol tests
 
 7 requested under subsection (c).
 
 8      (f)  The use of a preliminary alcohol screening device shall
 
 9 not replace a breath, blood, or urine test required under this
 
10 section.  The analysis from the use of a preliminary alcohol
 
11 screening device shall only be used in determining probable cause
 
12 for the arrest.
 
13      (g)  For the purpose of this section:
 
14      "Preliminary alcohol screening device" means a device
 
15 designed to detect and verify the presence of alcohol or provide
 
16 an estimated value of alcohol concentration."
 
17      SECTION 2.  This Act does not affect rights and duties that
 
18 matured, penalties that were incurred, and proceedings that were
 
19 begun, before its effective date.
 
20      SECTION 3.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 4.  This Act shall take effect upon its approval.