Report Title:

Intoxicants; Admissibility of Proof of Refusal

 

Description:

Establishes that the refusal of an individual, including persons under the age of twenty-one, legally arrested for driving while intoxicated to submit to a breath, blood, or urine test may be admissible in any criminal or civil proceeding.

THE SENATE

S.B. NO.

27

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to THE use of intoxicants.

.

 

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

SECTION 1. Section 291E-16, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-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 291E-65 and [shall not] may be admissible in any other action or proceeding, whether civil or criminal."

SECTION 2. Section 291E-65, 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 III and [shall not] may be admissible in any other action or proceeding, whether civil or criminal."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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