STAND. COM. REP. NO. 68-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2128
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B.
No. 2128 entitled: 

     "A BILL FOR AN ACT RELATING TO HIGHWAY SAFETY,"

begs leave to report as follows:

     The purpose of this bill is to amend the implied consent
provisions of section 286-151, Hawaii Revised Statutes, by:

     (1)  Authorizing a drug or alcohol test for habitually
          driving under the influence(DUI) of drugs or alcohol;
          and

     (2)  Authorizing the use of a preliminary alcohol screen
          analysis in establishing probable cause for a DUI
          arrest.

     Your Committee finds that in some cases habitual DUI
offenders do not appear to be drunk, however, their blood alcohol
concentration exceeds the legal limit and they are at a high risk
for causing a crash.  Your Committee further finds that a
preliminary alcohol screening will assist the police in
identifying impaired drivers and determining probable cause for a
DUI arrest.

     Testimonies in support of this bill were received from the
Department of Transportation, the Department of the Prosecuting
Attorney of the City and County of Honolulu, the Honolulu Police

 
 
                                 STAND. COM. REP. NO. 68-00
                                 Page 2

 
Department, and Mothers Against Drunk Driving.  The Office of the
Public Defender and a member of the Hawaii Association of
Criminal Defense Lawyers voiced concerns in opposition to the
bill. 

     Your Committee has amended this bill by making technical,
nonsubstantive amendments to conform to drafting conventions.

     As affirmed by the record of votes of the members of your
Committee on Transportation that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2128, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 2128, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation,



                                   ______________________________
                                   KENNETH T. HIRAKI, Chair