Report Title:

Driving Under Influence; Drugs; Blood and Urine Tests;

 

Description:

Requires the police to compel drivers to take a blood or urine test, or both, to determine a person's drug content. Amends the definition of "drug" to mean any chemical substance, natural or synthetic, that impairs the person's normal mental faculties or ability to care for the person and guard against casualty. (SD2)

 

THE SENATE

S.B. NO.

1514

TWENTY-FIRST LEGISLATURE, 2001

S.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to driving under the influence.

 

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

SECTION 1. Section 286-151, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

"(d) If there is probable cause to believe that a person is in violation of section 291-7, then the [person] police officer shall [have the option] direct the person to take a blood or urine test, or both, for the purpose of determining the drug content. Drug content shall be measured by the presence of any scheduled drug as provided in section 291-7 or its metabolic products or both. The person shall be informed of the sanctions of section 286-157.3 for failure to take either test.

(e) A person who chooses to submit to a breath test under subsection (c) also may be requested to submit to a blood or urine test, if the officer has probable cause to believe that the person was driving under the influence of any drug under section 291-7 or the combined influence of alcohol and drugs and the officer has probable cause to believe that a blood or urine test will reveal evidence of the person being under the influence of drugs. The officer shall state in the officer's report the facts upon which that belief is based. The [person] police officer shall [have the option] direct the person to take a blood or urine test, or both, for the purpose of determining the person's drug content. Results of a blood or urine test conducted to determine drug content also shall be admissible for the purpose of determining the person's alcohol content. Submission to testing for drugs under subsection (d) or this subsection shall not be a substitute for alcohol tests requested under subsection (c)."

SECTION 2. Section 286-151.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) If a legally arrested person under the age of twenty-one refuses to submit to a test of the person's breath or blood, proof of refusal shall be admissible [only] in a hearing under this section or part XIV of this chapter and [shall not] may be admissible in any other action or proceeding, whether civil or criminal."

SECTION 3. Section 286-159, Hawaii Revised Statutes, is amended to read as follows:

"286-159 Proof of refusal; admissibility. If a legally arrested person refuses to submit to a test of the person's breath or blood, evidence of refusal shall be admissible [only] in a hearing under part XIV of this chapter and [shall not] may be admissible in any other action or proceeding, whether civil or criminal."

SECTION 4. Section 286-159.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]286-159.5[]] Proof of refusal of drug testing; admissibility. If a legally arrested person refuses to submit to a test of the person's blood or urine, proof of refusal shall be admissible [only] in a hearing under section 286-157.4 or part XIV and [shall not] may be admissible in any other action or proceeding, whether civil or criminal."

SECTION 5. Section 287-20, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Whenever by reason of a conviction of, or adjudication under part V of chapter 571 by reason of, any of the offenses listed in this subsection, under the laws of the State or ordinances of any [political subdivision,] county, a court of competent jurisdiction has discretion to revoke or suspend a driver's license but does not revoke or suspend the license, the administrator [shall] nevertheless, after the expiration of thirty days from the date of conviction or adjudication, shall suspend the license and shall keep the [same] license suspended, and the person so convicted or adjudicated shall not [thereafter] operate a motor vehicle[,] thereafter, unless and until the person so convicted or adjudicated furnishes and thereafter maintains proof of financial responsibility. The offenses [referred to] are[:] violations of the following:

(1) [Reckless or inattentive driving, driving while under the influence of intoxicating liquor, driving while under the influence of drugs, and driving while that person's license has been suspended or revoked,] Sections 291-2, 291-4(b)(2), 291-4(b)(3), 291-4.4, 291-4.5, 291-7(c)(2), 291-7(c)(3), and 291-12, except when a person's license has been suspended or revoked for the first conviction of driving without a motor vehicle insurance policy; and

(2) Conviction or adjudication under part V of chapter 571 by reason of any moving violation offense involving a motor vehicle if the motor vehicle is in any manner involved in an accident in which any person is killed or injured, or in which damage to property results to an apparent extent in excess of $3,000 and there are reasonable grounds for the administrator to believe that the defendant is at fault."

SECTION 6. Section 291-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A person commits the offense of driving under the influence of drugs if the person operates or assumes actual physical control of the operation of any vehicle while under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner. The term "drug" as used in this section [means any controlled substance as defined and enumerated on schedules I through IV of chapter 329.] means any chemical substance, natural or synthetic, which impairs the person's normal mental faculties or ability to care for the person and guard against casualty. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or any drug shall not constitute a defense against a charge under this section."

SECTION 7. Act 189, Session Laws of Hawaii 2000, section 23, is amended by amending the definition of "drug" in section    -1, Hawaii Revised Statutes, to read as follows:

""Drug" means [any controlled substance, as defined and enumerated on schedules I through IV of chapter 329, or its metabolites.] any chemical substance, natural or synthetic, which impairs the person's normal mental faculties or ability to care for the person and guard against casualty."

SECTION 8. Act 189, Session Laws of Hawaii 2000, section 23, is amended by amending subsections (c), (d), and (e) of section -11, Hawaii Revised Statutes, to read as follows:

"(c) If there is probable cause to believe that a person is in violation of section -84, as a result of being under the age of twenty-one and having consumed a measurable amount of alcohol, or section -81, as a result of having consumed alcohol, then the [person] police officer shall [elect] direct the person to take a breath or blood test, or both, for the purpose of determining the alcohol concentration.

(d) If there is probable cause to believe that a person is in violation of section -81, as a result of having consumed any drug, then the [person] police officer shall [elect] direct the person to take a blood or urine test, or both, for the purpose of determining the drug content. Drug content shall be measured by the presence of any drug or its metabolic products or both.

(e) A person who chooses to submit to a breath test under subsection (c) also may be requested to submit to a blood or urine test, if the officer has probable cause to believe that the person was operating a vehicle under the influence of any drug under section -81 and the officer has probable cause to believe that a blood or urine test will reveal evidence of the person being under the influence of any drug. The officer shall state in the officer's report the facts upon which that belief is based. The [person] police officer shall [elect] direct the person to take a blood or urine test, or both, for the purpose of determining the person's drug content. Results of a blood or urine test conducted to determine drug content also shall be admissible for the purpose of determining the person's alcohol concentration. Submission to testing for drugs under subsection (d) or this subsection shall not be a substitute for alcohol tests requested under subsection (c)."

SECTION 9. Act 189, Session Laws of Hawaii 2000, section 23, is amended by amending section -16, Hawaii Revised Statutes, to read as follows:

"   -16 Proof of refusal; admissibility. If a legally arrested person refuses to submit to a test of the person's breath, blood, or urine, evidence of refusal shall be admissible [only] in a proceeding under part III or section -85 and shall [not] be admissible in any other action or proceeding, whether civil or criminal."

SECTION 10. Sections 2, 3, and 4 of this Act shall apply to any proceeding in which the party seeking to admit the evidence has not yet rested.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect upon its approval; provided that sections 7, 8, and 9 of this Act shall take effect on January 1, 2002.