DUI; Drugs, Definition

Changes definition of "drug" for purposes of DUI law.

THE SENATE                              S.B. NO.           658
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 291-7, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "�291-7 Driving under the influence of drugs.(a)  A
 4 person commits the offense of driving under the influence of
 5 drugs if the person operates or assumes actual physical control
 6 of the operation of any vehicle while under the influence of any
 7 drug [which] that impairs [such] the person's ability to operate
 8 the vehicle in a careful and prudent manner.  The term "drug" as
 9 used in this section [shall mean any controlled substance as
10 defined and enumerated on schedules I through IV of chapter 329.]
11 means any chemical substance, natural or synthetic, that, when
12 taken into the human body, can impair the ability of the person's
13 normal mental faculties or ability to care for the person and
14 guard against casualty.
15      (b)  The fact that any person charged with violating this
16 section is or has been legally entitled to use alcohol or any
17 drug shall not constitute a defense against a charge under this
18 section.
19      [(b)] (c)  A person committing the offense of driving under

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 1 the influence of drugs shall be sentenced as follows without
 2 possibility of probation or suspension of sentence:
 3      (1)  For a first offense, or any offense not preceded within
 4           a five-year period by a conviction under this section,
 5           by:
 6           (A)  A fourteen-hour minimum drug abuse rehabilitation
 7                program, including education and counseling, or
 8                other comparable programs deemed appropriate by
 9                the court; and
10           (B)  Ninety-day prompt suspension of license with
11                absolute prohibition from operating a motor
12                vehicle during suspension of license, or the court
13                may impose, in lieu of the ninety-day prompt
14                suspension of license, a minimum thirty-day prompt
15                suspension of license with absolute prohibition
16                from operating a motor vehicle and, for the
17                remainder of the ninety-day period, a restriction
18                on the license that allows the person to drive for
19                limited work-related purposes and to participate
20                in drug treatment programs; and
21           (C)  Any one or more of the following:
22                (i)  Seventy-two hours of community service work;
23               (ii)  Not less than forty-eight hours of

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 1                     imprisonment; or
 2              (iii)  A fine of not less than $150 but not more
 3                     than $1,000.
 4      (2)  For an offense which occurs within five years of a
 5           prior conviction under this section:
 6           (A)  Prompt suspension of license for a period of one
 7                year with the absolute prohibition from operating
 8                a motor vehicle during suspension of license;
 9           (B)  Either one of the following:
10                (i)  Not less than eighty hours of community
11                     service work; or
12               (ii)  Not less than forty-eight consecutive hours
13                     of imprisonment; and
14           (C)  A fine of not less than $500 but not more than
15                $1,000.
16      (3)  For an offense which occurs within five years of two
17           prior convictions under this section, by:
18           (A)  A fine of not less than $500 but not more than
19                $1,000;
20           (B)  Revocation of license for a period not less than
21                one year but not more than five years; and
22           (C)  Not less than ten days but not more than one
23                hundred eighty days imprisonment.

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 1      (4)  Notwithstanding any other law to the contrary, any
 2           conviction for driving under the influence of drugs
 3           shall be considered a prior conviction.
 4      [(c)] (d)  Whenever a court sentences a person pursuant to
 5 subsection [(b)(2)] (c)(2) or (3), it shall also require that the
 6 offender be referred to a substance abuse counselor who has been
 7 certified pursuant to section 321-193 for an assessment of the
 8 offender's drug dependence and the need for treatment.  The
 9 counselor shall submit a report with recommendations to the
10 court.  The court may require the offender to obtain appropriate
11 treatment.
12      All costs for such assessment or treatment or both shall be
13 borne by the offender.
14      [(d)] (e)  Notwithstanding any other law to the contrary,
15 whenever a court revokes a person's driver's license pursuant to
16 the provisions of this section, the examiner of drivers shall not
17 grant to such person an application for a new driver's license
18 for such period as specified by the court.
19      [(e)] (f)  As used in this section, the terms "driver",
20 "driver's license", and "examiner of drivers" shall have the same
21 meanings as provided in section 286-2; and the term "vehicle"
22 shall have the same meaning as provided in section 291C-1."
23      SECTION 2.  This Act does not affect rights and duties that

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 1 matured, penalties that were incurred, and proceedings that were
 2 begun, before its effective date.
 3      SECTION 3.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 4.  This Act shall take effect upon its approval.
 7                           INTRODUCED BY:_________________________