Report Title:

Administrative Revocation

 

Description:

Increases the period of administrative revocation of driver's licenses for refusal to be tested to determine alcohol concentration to 10 years if the arrestee was involved in a collision resulting in death or serious bodily injury.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1108

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to administrative revocation of driver's licenseS.

 

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

SECTION 1. The legislature finds that persons who have been arrested for a violation of driving under the influence of intoxicating liquor, or habitually driving under the influence of intoxicating liquor or drugs, are required to take a so-called "breathalizer" test to determine the amount of alcohol concentration in the person's blood. Refusal to take this test can lead to driver's license revocation for a period of:

(1) One year if the arrestee's driving record shows no prior alcohol enforcement contacts during the five years preceding the date of arrest;

(2) Two years if the arrestee's driving record shows one prior alcohol enforcement contact during the five years preceding the date of arrest;

(3) Four years if the arrestee's driving record shows two prior alcohol enforcement contacts during the seven years preceding the date of arrest; or

(4) Lifetime revocation if the arrestee's driving record shows three or more prior alcohol enforcement contacts during the ten years preceding the date of arrest.

The legislature finds, however, that where the arrestee has been involved in a collision resulting in death or serious bodily injury, the period of administrative revocation should be increased to a period of ten years rather than one, two, or four years. While the arrestee could still be prosecuted for negligent homicide, the legislature finds that the civil penalties for the arrestee's refusal to take a test of blood alcohol concentration should be increased to emphasize the seriousness of this refusal.

SECTION 2. Section 286-261, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The driver's license of an arrestee who refuses to be tested after being informed of the sanctions of this part shall be revoked [under]:

(1) Under subsection (b)(1), (2), (3), and (4), for a period of one year, two years, four years, and a lifetime, respectively[.]; or

(2) Under subsection (b)(1), (2), or (3), for a period of ten years if the arrestee was involved in a collision resulting in the death or serious bodily injury of:

(A) The operator of any other vehicle involved in the collision;

(B) A passenger of the arrestee or a passenger of any other vehicle involved in the collision; or

(C) A pedestrian involved in the collision.

The term of administrative revocation imposed pursuant to this paragraph shall supersede the penalties imposed under paragraph (1). As used in this paragraph, the term "serious bodily injury" has the same meaning as defined in section 707-700."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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