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THE SENATE |
S.B. NO. |
251 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to driving while under the influence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 291E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§291E‑ Operating a vehicle under the influence of an intoxicant by a person who has been restricted to operating a vehicle equipped with an ignition interlock device; additional penalties. (a) A person who has been restricted to operating a vehicle equipped with an ignition interlock device pursuant to section 291E-61 or 291E-61.5, who is convicted under 219E-61 or 291E-62 for operating a vehicle under the influence of an intoxicant shall be subject to the following:
(1) In addition to any other penalties authorized in 219E‑61 or 291E-62, the court shall order the immobilization of all vehicles registered to the person convicted for the entire length of the applicable license revocation period to commence upon conviction and persist during the entire driver's license suspension period; and
(2) In lieu of the privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person, the court shall order the loss of the privilege to operate a vehicle equipped with an ignition interlock device during the applicable revocation period.
(b) Notwithstanding subsection (a), if other licensed drivers living in the person's household are dependent upon the vehicle subject to immobilization for necessary transportation, the court may order the installation of an ignition interlock device on the vehicle in lieu of immobilization.
(c) The cost associated with the immobilization shall be paid by the person convicted. While immobilized, a vehicle may be stored at the residence of the person convicted or in an area of a designee of the person convicted."
SECTION 2. Section 291E-44.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)(1) Except as provided in paragraph (2), upon proof that the respondent has installed an ignition interlock device in the respondent's vehicle, the director shall issue an ignition interlock permit that will allow the respondent to drive a vehicle equipped with an ignition interlock device during the revocation period; or
(2) Notwithstanding any other law to the contrary, the director shall not issue an ignition interlock permit to:
(A) A respondent whose license is expired, suspended, or revoked as a result of action other than the instant revocation;
(B) A respondent who does not hold a valid
license at the time of arrest for the violation of section 291E-61; [or]
(C) A respondent who is subject to an order of immobilization pursuant to section 291E‑ ; or
[(C)] (D) A respondent who holds
either a category 4 license under section 286-102(b) or a commercial driver's
license under section 286-239(b) unless the ignition interlock permit is
restricted to a category 1, 2, or 3 license under section 286‑102(b)."
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.
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INTRODUCED BY: |
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Report Title:
DUI; Sentencing; Vehicle Immobilization
Description:
Requires a court to order the immobilization of all vehicles registered to a person convicted of operating a vehicle while intoxicated when the person has been allowed to operate a vehicle using an ignition interlock system. Authorizes an exemption when other licensed drivers living in the person's household are dependent on the vehicle for necessary transportation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.