THE SENATE	S.B. NO.	2096
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE USE OF INTOXICANTS WHILE OPERATING A VEHICLE.

 

 

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

 

     SECTION 1.  The legislature finds that in 2013, the National Transportation Safety Board recommended that all fifty states adopt a Blood Alcohol Concentration cutoff of 0.05 compared to the 0.08 standard.  According to the National Transportation Safety Board, lowering the rate to 0.05 would save approximately five hundred to eight hundred lives annually.  According to the National Transportation Safety Board, a driver with a Blood Alcohol Concentration of 0.05 would be affected by exaggerated behavior, loss of small-muscle control and eye focus, impaired judgment, lowered alertness, and release of inhibition.  This would result in reduced coordination, reduced ability to track moving objects, difficulty steering, and reduced response to emergency driving situations.  The legislature further finds that lowering the threshold of Blood Alcohol Concentration cutoff to 0.05 would save lives, prevent catastrophic injuries, and decrease medical costs.

     The purpose of this Act is to lower the threshold of blood alcohol content for the offense of operating a vehicle while under the influence of an intoxicant.

     SECTION 2.  Section 291E-3, Hawaii Revised Statutes, is amended to read as follows:

     "§291E-3  Evidence of intoxication.  (a)  In any criminal prosecution for a violation of section 291E-61 or 291E-61.5 or in any proceeding under part III:

     (1)  [.08] .05 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood;

     (2)  [.08] .05 or more grams of alcohol per two hundred ten liters of the person's breath; or

     (3)  The presence of one or more drugs in an amount sufficient to impair the person's ability to operate a vehicle in a careful and prudent manner,

within three hours after the time of the alleged violation as shown by chemical analysis or other approved analytical techniques of the person's blood, breath, or urine shall be competent evidence that the person was under the influence of an intoxicant at the time of the alleged violation.

     (b)  In any criminal prosecution for a violation of section 291E-61 or 291E-61.5, the amount of alcohol found in the defendant's blood or breath within three hours after the time of the alleged violation as shown by chemical analysis or other approved analytical techniques of the defendant's blood or breath shall be competent evidence concerning whether the defendant was under the influence of an intoxicant at the time of the alleged violation and shall give rise to the following presumptions:

     (1)  If there were [.05] .02 or less grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or [.05] .02 or less grams of alcohol per two hundred ten liters of defendant's breath, it shall be presumed that the defendant was not under the influence of alcohol at the time of the alleged violation; and

     (2)  If there were in excess of [.05] .02 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or [.05] .02 grams of alcohol per two hundred ten liters of defendant's breath, but less than [.08] .05 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or [.08] .05 grams of alcohol per two hundred ten liters of defendant's breath, that fact may be considered with other competent evidence in determining whether the defendant was under the influence of alcohol at the time of the alleged violation, but shall not of itself give rise to any presumption.

     (c)  In any criminal prosecution for a violation of section 291E-61 or in any proceeding under part III:

     (1)  .15 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood; or

     (2)  .15 or more grams of alcohol per two hundred ten liters of the person's breath,

within three hours after the time of the alleged violation as shown by chemical analysis or other approved analytical techniques of the person's blood or breath shall be competent evidence that the person was a highly intoxicated driver at the time of the alleged violation.

     (d)  Nothing in this section shall be construed as limiting the introduction, in any criminal proceeding for a violation under section 291E-61 or 291E-61.5 or in any proceeding under part III, of relevant evidence of a person's alcohol concentration or drug content obtained more than three hours after an alleged violation; provided that the evidence is offered in compliance with the Hawaii rules of evidence."

     SECTION 3.  Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle:

     (1)  While under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty;

     (2)  While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;

     (3)  With [.08] .05 or more grams of alcohol per two hundred ten liters of breath; or

     (4)  With [.08] .05 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood."

     SECTION 4.  Section 291E-61.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A person commits the offense of habitually operating a vehicle under the influence of an intoxicant if:

     (1)  The person is a habitual operator of a vehicle while under the influence of an intoxicant; and

     (2)  The person operates or assumes actual physical control of a vehicle:

          (A)  While under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty;

          (B)  While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;

          (C)  With [.08] .05 or more grams of alcohol per two hundred ten liters of breath; or

          (D)  With [.08] .05 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	By Request

 

 

Report Title:

Maui County Council Package; Vehicles; Operation; Intoxicants

 

Description:

Lowers the threshold blood alcohol content for the offense of operating a vehicle while under the influence of an intoxicant.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.