Hawaii 2024 Regular Session

Hawaii House Bill HB1281 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1281 THIRTY-SECOND LEGISLATURE, 2023 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:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1281
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	1281
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to the use of intoxicants while operating a vehicle.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	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-1, Hawaii Revised Statutes, is amended as follows: 1. By amending the definition of "measurable amount of alcohol" to read: ""Measurable amount of alcohol" means a test result equal to or greater than .02 but less than [.08] .05 grams of alcohol per one hundred milliliters or cubic centimeters of blood or equal to or greater than .02 but less than [.08] .05 grams of alcohol per two hundred ten liters of breath." 2. By amending the definition of "under the influence" to read: ""Under the influence" means that a person: (1) Is 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) Is under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner; (3) Has [.08] .05 or more grams of alcohol per two hundred ten liters of the person's breath; or (4) Has [.08] .05 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood." SECTION 3. Section 291E-3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows: "(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." SECTION 4. Section 291E-35, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) In cases involving an alcohol related offense, if a test conducted in accordance with part II and section 321‑161 and the rules adopted thereunder shows that a respondent had an alcohol concentration less than [.08,] .05, the director or the arresting law enforcement agency immediately shall return the respondent's license along with a certified statement that administrative revocation proceedings have been terminated with prejudice." SECTION 5. Section 291E-36, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Whenever a respondent has been arrested for a violation of section 291E-61 or 291E-61.5 and submits to a test that establishes: the respondent's alcohol concentration was [.08] .05 or more; the presence, in the respondent's blood or urine, of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner; or whenever a respondent has been involved in a collision resulting in injury or death and a blood or urine test performed pursuant to section 291E-21 establishes that the respondent's alcohol concentration was [.08] .05 or more or establishes the presence in the respondent's blood or urine of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner, the following shall be forwarded immediately to the director: (1) A copy of the arrest report or the report of the law enforcement officer who issued the notice of administrative revocation to the person involved in a collision resulting in injury or death and the sworn statement of the arresting law enforcement officer or the officer who issued the notice of administrative revocation, stating facts that establish that: (A) There was reasonable suspicion to stop the vehicle, the vehicle was stopped at an intoxicant control roadblock established and operated in compliance with sections 291E-19 and 291E-20, or the respondent was tested pursuant to section 291E-21; (B) There was probable cause to believe that the respondent had been operating the vehicle while under the influence of an intoxicant; and (C) The respondent agreed to be tested or the person was tested pursuant to section 291E-21; (2) In a case involving an alcohol related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder: (A) The equipment used to conduct the test was approved for use as an alcohol testing device in this State; (B) The person had been trained and at the time the test was conducted was certified and capable of maintaining the testing equipment; and (C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted; (3) In a case involving an alcohol related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder: (A) The person was trained and at the time the test was conducted was certified and capable of operating the testing equipment; (B) The person followed the procedures established for conducting the test; (C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated that the respondent's alcohol concentration was at, or above, the prohibited level; and (D) The person whose breath or blood was tested is the respondent; (4) In a case involving a drug related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder: (A) The equipment used to conduct the test was approved for use in drug testing; (B) The person conducting the test had been trained and, at the time of the test, was certified and capable of maintaining the testing equipment; and (C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted; (5) In a case involving a drug related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder: (A) At the time the test was conducted, the person was trained and capable of operating the testing equipment; (B) The person followed the procedures established for conducting the test; (C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated the presence of one or more drugs or their metabolites in the respondent's blood or urine; and (D) The person whose blood or urine was tested is the respondent; (6) A copy of the notice of administrative revocation issued by the law enforcement officer to the respondent; (7) Any license taken into possession by the law enforcement officer; and (8) A listing of any prior alcohol or drug enforcement contacts involving the respondent." SECTION 6. 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 7. 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 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 10. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	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.
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51	51	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.
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53	53	SECTION 2. Section 291E-1, Hawaii Revised Statutes, is amended as follows:
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55	55	1. By amending the definition of "measurable amount of alcohol" to read:
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57	57	""Measurable amount of alcohol" means a test result equal to or greater than .02 but less than [.08] .05 grams of alcohol per one hundred milliliters or cubic centimeters of blood or equal to or greater than .02 but less than [.08] .05 grams of alcohol per two hundred ten liters of breath."
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59	59	2. By amending the definition of "under the influence" to read:
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61	61	""Under the influence" means that a person:
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63	63	(1) Is 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;
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65	65	(2) Is under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;
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67	67	(3) Has [.08] .05 or more grams of alcohol per two hundred ten liters of the person's breath; or
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69	69	(4) Has [.08] .05 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood."
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71	71	SECTION 3. Section 291E-3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
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73	73	"(a) In any criminal prosecution for a violation of section 291E-61 or 291E-61.5 or in any proceeding under part III:
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75	75	(1) [.08] .05 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood;
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77	77	(2) [.08] .05 or more grams of alcohol per two hundred ten liters of the person's breath; or
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79	79	(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,
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81	81	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.
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83	83	(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:
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85	85	(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
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87	87	(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."
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89	89	SECTION 4. Section 291E-35, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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91	91	"(a) In cases involving an alcohol related offense, if a test conducted in accordance with part II and section 321‑161 and the rules adopted thereunder shows that a respondent had an alcohol concentration less than [.08,] .05, the director or the arresting law enforcement agency immediately shall return the respondent's license along with a certified statement that administrative revocation proceedings have been terminated with prejudice."
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93	93	SECTION 5. Section 291E-36, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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95	95	"(a) Whenever a respondent has been arrested for a violation of section 291E-61 or 291E-61.5 and submits to a test that establishes: the respondent's alcohol concentration was [.08] .05 or more; the presence, in the respondent's blood or urine, of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner; or whenever a respondent has been involved in a collision resulting in injury or death and a blood or urine test performed pursuant to section 291E-21 establishes that the respondent's alcohol concentration was [.08] .05 or more or establishes the presence in the respondent's blood or urine of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner, the following shall be forwarded immediately to the director:
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97	97	(1) A copy of the arrest report or the report of the law enforcement officer who issued the notice of administrative revocation to the person involved in a collision resulting in injury or death and the sworn statement of the arresting law enforcement officer or the officer who issued the notice of administrative revocation, stating facts that establish that:
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99	99	(A) There was reasonable suspicion to stop the vehicle, the vehicle was stopped at an intoxicant control roadblock established and operated in compliance with sections 291E-19 and 291E-20, or the respondent was tested pursuant to section 291E-21;
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101	101	(B) There was probable cause to believe that the respondent had been operating the vehicle while under the influence of an intoxicant; and
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103	103	(C) The respondent agreed to be tested or the person was tested pursuant to section 291E-21;
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105	105	(2) In a case involving an alcohol related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
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107	107	(A) The equipment used to conduct the test was approved for use as an alcohol testing device in this State;
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109	109	(B) The person had been trained and at the time the test was conducted was certified and capable of maintaining the testing equipment; and
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111	111	(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;
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113	113	(3) In a case involving an alcohol related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
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115	115	(A) The person was trained and at the time the test was conducted was certified and capable of operating the testing equipment;
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117	117	(B) The person followed the procedures established for conducting the test;
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119	119	(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated that the respondent's alcohol concentration was at, or above, the prohibited level; and
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121	121	(D) The person whose breath or blood was tested is the respondent;
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123	123	(4) In a case involving a drug related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
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125	125	(A) The equipment used to conduct the test was approved for use in drug testing;
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127	127	(B) The person conducting the test had been trained and, at the time of the test, was certified and capable of maintaining the testing equipment; and
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129	129	(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;
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131	131	(5) In a case involving a drug related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
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133	133	(A) At the time the test was conducted, the person was trained and capable of operating the testing equipment;
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135	135	(B) The person followed the procedures established for conducting the test;
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137	137	(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated the presence of one or more drugs or their metabolites in the respondent's blood or urine; and
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139	139	(D) The person whose blood or urine was tested is the respondent;
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141	141	(6) A copy of the notice of administrative revocation issued by the law enforcement officer to the respondent;
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143	143	(7) Any license taken into possession by the law enforcement officer; and
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145	145	(8) A listing of any prior alcohol or drug enforcement contacts involving the respondent."
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147	147	SECTION 6. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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149	149	"(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:
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151	151	(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;
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153	153	(2) While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;
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155	155	(3) With [.08] .05 or more grams of alcohol per two hundred ten liters of breath; or
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157	157	(4) With [.08] .05 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood."
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159	159	SECTION 7. Section 291E-61.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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161	161	"(a) A person commits the offense of habitually operating a vehicle under the influence of an intoxicant if:
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163	163	(1) The person is a habitual operator of a vehicle while under the influence of an intoxicant; and
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165	165	(2) The person operates or assumes actual physical control of a vehicle:
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167	167	(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;
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169	169	(B) While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;
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171	171	(C) With [.08] .05 or more grams of alcohol per two hundred ten liters of breath; or
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173	173	(D) With [.08] .05 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood."
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175	175	SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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177	177	SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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179	179	SECTION 10. This Act shall take effect upon its approval.
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183	183	INTRODUCED BY: _____________________________
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185	185	INTRODUCED BY:
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193	193	Report Title: Vehicles; Operation; Intoxicants; Blood Alcohol Concentration Description: Lowers the threshold blood alcohol concentration 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.
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199	199	Report Title:
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201	201	Vehicles; Operation; Intoxicants; Blood Alcohol Concentration
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205	205	Description:
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207	207	Lowers the threshold blood alcohol concentration for the offense of operating a vehicle while under the influence of an intoxicant.
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215	215	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.