Act 48 of 1964 amended Section 291-10 of the
Revised Laws of Hawaii 1955, to treat negligent homicide due to
gross negligence as a felony and negligent homicide due to simple
negligence as a misdemeanor. Effective date: April 30, 1964.
Driving Under the Influence of Intoxicating
Liquor
Act. 122 of 1965 amended Section 160-55,
Revised Laws of Hawaii 1955, to make the revocation of an operator’s
license for driving under the influence of intoxicating liquor
discretionary rather than mandatory, and added driving under the
influence of narcotic drugs to the law. Effective date: June 16,
1965.
Driver Education
Act 42 of 1966 added a new section to law:
"The grave problems created by our high motor vehicle
accident and death rates make it imperative that immediate action
be taken to reduce the needless loss of human life on the
highways. It is deemed a matter of urgency that the department of
education provide and administer a program of driver education to
minors as one solution in order to preserve the health, safety and
welfare of our citizens." Effective date: May 3, 1966.
Highway Safety
Act 214 of 1967 added a new chapter to
Hawaii law establishing a Highway Safety Program. "Deaths of
persons and injuries to them and damage to property with the other
losses suffered on account of highway traffic accidents are of
grave concern to the State and its citizens as well as to the
federal government. The legislature finds and declares that it is
in the public interest that the State initiate, coordinate and
accelerate every available means to decrease the fatalities,
injuries, damages and losses resulting from highway traffic
accidents." The Act requires the Governor to coordinate the
activities of the State and its counties; delegates the duties and
functions to the state highway safety coordinator appointed by the
Governor; establishes the State Highway Safety Council and County
Traffic or Highway Safety Councils; establishes the vehicle
inspection program; requires protective devices for motorcycles,
motor scooters; establishes requirements for driver training
schools and driver instructors; establishes motor vehicle operator
and chauffeur licensing requirements.
Also establishes the Alcohol and Highway
Safety requirements, including Implied Consent of drivers to
submit to testing to determine alcoholic content of blood,
revocation of the privilege to drive a motor vehicle upon refusal
to submit to testing; the admissibility of refusal to take the
test (is not admissible in civil or criminal proceedings). Also
establishes the Uniform Traffic Records System.
This law was enacted to meet the
requirements of The Highway Safety Act of 1966 passed by Congress
and enacted into law on September 9, 1966. Effective date: June 4,
1967.
Highway Safety
Act 48 of 1968 amended the Highway Safety
Act to conform with federal requirements. New sections were added
regarding the establishment of a statewide traffic records system
containing all traffic records of the violation bureaus of the
district courts, the circuit courts, the police departments, the
county treasurers, the department of health and the department of
education. It also adds a new section prohibiting riders and
passengers under seven years of age on motorcycles and motor
scoters; and establishes the Medical Advisory Board. Effective
date: June 27, 1969.
Statewide Traffic Code
Act 150 of 1971 adds a new chapter was added
establishing a Statewide Traffic Safety Code for Vehicular
Accidents and Accident Reports and Rules of the Road. The chapter
includes definitions, accidents and accident reports, obedience to
and effect of traffic laws, traffic signs, signals and markings,
passing on right side of roadway, overtaking and passing; use of
roadway; right of way; pedestrians’ rights and duties; turning
and starting and signals on stopping and turning; special stops
required; speed restrictions; stopping, standing and parking;
miscellaneous rules; operation of bicycles and play vehicles;
special rules for motorcycles; penalty: respective powers of state
and counties. Effective date: January 1, 1972.
Driver Education Fee
Act 93 of 1971 allows the department of
education to assess a fee for each student enrolling in the driver
education program and requires that the fee go to the general
fund. Effective date: May 24, 1971.
Evidence of Intoxication
Act. 74 of 1971 permitted the amount of
alcohol in the defendant’s blood to be used as evidence of
intoxication with the following presumptions: if the defendant was
under .05 the defendant was not under the influence of
intoxicating liquor at the time of the violation; if more than .05
and less than .10, such fact may be considered with other
competent evidence in determining whether or not the defendant was
at the time under the influence, but shall not of itself give rise
to any presumption; and if more than .10 it shall be presumed that
the defendant was under the influence of intoxicating liquor at
the time of the alleged violation. Effective date: May 24, 1971.
Administrative Control of Chemical Testing
for Blood Alcohol
Act 139 of 1973 establishes a program for
administrative testing for blood alcohol through the establishment
of administrative rules by the department of health, and
specifying the qualifications of personnel who administer the
tests; procedures for specimen selection, collection, handling and
analysis, and the manner of reporting and tabulating the results.
Effective date: May 22, 1973.
Hearing Before a District Judge
Act 94 of 1973 amends Section 186-156 to
determine the truth and correctness of an affidavit submitted to a
district judge to be held within 20 days after the district judge
has received the affidavit. The judge will determine if the
arresting officer had reasonable grounds to believe that the
person has been either driving or in actual physical control of a
motor vehicle upon the highways while under the influence of
intoxicating liquor; whether the person was lawfully arrested;
whether the arresting officer had informed the person of the
sanctions of section 286-155; and whether the person refused to
submit to a test of his breath or blood. Effective date: May 15,
1973.
Driver Education and Training Fund
Act 91 of 1974 establishes a fund for driver
education and training by levying a penalty assessment on certain
offenses relating to vehicles or their drivers or owners. This
special fund will be administered by the administrative director
of the courts for driver education and training programs
administered by the judiciary department. The penalty assessment
of $1 shall be levied on conviction or forfeiture of bail for any
offense involving a violation of a statute or county ordinance
relating to vehicles or their drivers or owners, expect offenses
relating to stopping, standing or parking, registration or
offenses by pedestrians. Effective date: May 31, 1974.
Point System for Traffic Violations
Act 139 of 1975 amends Section 286-128, HRS,
to established a point system for the evaluation of the operating
records of all persons and to determine the continuing
qualifications of such persons to operate motor vehicles.
Effective date: May 27, 1975.
Reckless Driving or Reckless Riding of
Animals
Act 149 of 1976 amends Section 291-1 so that
whoever operates any vehicle or rides any animal with a willful or
wanton disregard for the safety of persons or property is guilty
of reckless driving or reckless riding of an animal, as
appropriate, and shall be fined not more than $1,000 and
imprisoned not more than one year or both. Effective date: May 27,
1976. In 1977, Act 162 amends this section to read: whoever
operates any vehicle or rides any animal recklessly in disregard
of the safety of persons or property is guilty of reckless driving
of vehicle or reckless riding of an animal, as appropriate, and
shall be fined not more than $1,000 or imprisoned not more than
one year or both. Effective date: June 2, 1977.
Implied Consent for Alcohol
Act 67 of 1981 amends Section 286-151 to
read: Any person who operates a motor vehicle on the public
highways of the state shall be deemed to have given consent,
subject to this part, to a test approved by the director of
transportation of the person’s breath or blood for the purpose
of determining the alcoholic consent of the person’s blood; such
person shall have the option to take a test of the person’s
breath or blood or both. The test or tests shall be administered
at the request of a police officer having reasonable grounds to
believe the person driving or in actual physical control of a
motor vehicle upon the public highways is under the influence of
intoxicating liquor only after 1) a lawful arrest, and 2) the
police officer has informed the person of the sanctions of section
286-155.
Section 286-155 was amended to read: If a
person under arrest refuses to submit to a breath or blood test,
none shall be given, except as provided in section 286- but the
arresting offer, shall, as soon as practicable, submit an
affidavit to a district judge of the circuit in which was arrest
was made. . . and the judge shall revoke the arrested person’s
license, permit or any nonresident operating privilege for a
period of six months. A new section was added to 286: Nothing in
this part shall be construed to prevent the police from obtaining
a sample of breath or blood as evidence of intoxication from the
driver of any vehicle involved in an accident resulting in injury
to or death of any person. Effective: May 28, 1981.
Consuming or Possessing Intoxicating Liquor
While Operating a Motor Vehicle
Act 152 of 1981 adds three new sections to
Chapter 291: Consuming or possessing intoxicating liquor while
operating a motor vehicle; consuming or possessing intoxicating
liquor while a passenger in a motor vehicle; and storage of an
opened container containing intoxicating liquor. Effective: June
16, 1981.
Driver Education Fund
Act 66 of 1981 amended Section 294-35.5 to
require the underwriter’s fees be deposited into a special
drivers’ education fund, with 50% for the operation of the
driver education program provided for by the Judiciary and 50% for
operation of the department of education’s driver education
program, provided that all fees derived from motorcycles, motor
scooters or similar vehicles shall be expended by the University
of Hawaii community college employment training office for the
operation of a driver education program for operators of
motorcycles, motor scooters or similar vehicles. Effective date:
May 28, 1981.
Evidence of Intoxication
Act 67 of 1981 amends Chapter 286, by adding
a new section of 286: Nothing in this part shall be construed to
prevent the police from obtaining a sample of breath or blood as
evidence of intoxication from the driver of any vehicle involved
in an accident resulting injury or death of any person. Effective
date: May 28, 1981.
Driving Under the Influence
Penalties
Act 251 of 1982 amends Section 291-4 by
adding a penalty section for a first offense not preceded within a
four-year period by a conviction under this section; for offenses
which occur within four years of a prior conviction; and for
offenses which occur within four years of two prior convictions.
This Act also amends Section 286-132 to increase the penalty for
driving while license is suspended or revoked to not less than
$250 but not more $1,000. Section 286-155 was amended to increase
the penalty for revocation of license to one year for driving
without a license. The Act provides that these are additional
penalties and not substitutes for others provided by law.
Effective date: June 15, 1982.
Tax Credit for Child Passenger Restraint
System
Act 134 of 1982 adds a new section to
Chapter 235 providing a tax credit of $25 to promote the purchase
of child passenger restraint systems. Effective date: to taxable
years beginning after December 31, 1981.
Driver Education Training Fund
Act 213 of 1982 increases the driver
education training fund fee added to traffic violations to $3.
Effective: June 12, 1982.
Driving Under the Influence of Intoxicating
Liquor
Act 117 of 1983 amends Section 291-4 to
read: A person commits the offense of driving under the influence
of intoxicating liquor if: 2) the person operates or assumes
actual physical control of the operation of any vehicle while
under the influence of intoxicating liquor; or 2) the person
operates or assumes actual physical control of the operation of
any vehicle with 0.10 per cent or more, by weight of alcohol in
the person’s blood. A person committing the offense of driving
under the influence of intoxicating liquor shall be sentenced
without possibility of probation or suspension to sentence. Added
to the sentencing provisions for a first offender are: Ninety days
of prompt suspension of license with absolute prohibition from
operating a motor vehicle during suspension of license; and any
one or more of the following: 72 hours of community service, or 48
hours of imprisonment, or a fine not less than $150 but not more
than $1,000. For a second offense within five years, prompt
suspension of the license for a period of one year, and one of the
following: not less than 10 days of community service work or not
less than 48 hours of imprisonment, or a fine of not less than
$500 but not more than $1,000 were added. For a third or
subsequent offense the time in which the offense occurs was
changed from four years to five years. Any conviction for driving
under the influence of intoxicating liquor shall be considered a
prior conviction.
Act 117 also amended Section 291-5, Evidence
of Intoxication, to read: In any criminal prosecution for any
violation of section 291-4, ten-hundredths per cent or more by
weight of alcohol in the defendant’s blood within three ours
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 that the defendant was
under the influence of intoxicating liquor at the time of the
alleged violation. Effective date: May 25, 1983.
Child Passenger Restraints
Act 282 of 1993 adds a new section to
Chapter 291, requiring child passenger restraints for a child
under four years of age, except for emergency, commercial, for
hire, and mass transit vehicles and Type I school buses. Effective
date: July 1, 1983.
Intoxicating Liquor Law
Signs
Act 143 of 1984 amends Section 281-44 to
require that all licensed premises shall post a sign in out about
the premises containing and notifying all customers and other
persons of the penalties of driving under the influence of
intoxicating liquor under section 291-4. The shall be
conspicuously positioned in order to be seen by an ordinarily
observant person. Effective date: May 24, 1984.
Establishment of Police Intoxication Control
Roadblock Programs
Act 115 of 1984 authorizes the police
departments of each county to establish intoxication control
roadblock programs and to provide guidelines to impose standards
of reasonableness upon the exercise of discretion in the
implementation of these programs. Two new section are added to
Section 286 to accomplish this. Effective date: May 18, 1984.
DUI Penalties & Alcohol Assessment
Act 193 of 1984 amends the penalties in
section 291-4 for a first offense from a 90-day prompt suspension
of license with an absolute prohibition from operating a motor
vehicle during suspension of license to 30 days and a 60-day
restricted, provisional or conditional license to be ordered by
the court. For a second offense within five years, the suspension
is for one year with the absolute prohibition from operating a
motor vehicle during suspension of license. The Act also adds:
Whenever a court sentences a person pursuant to section
291-4(b)(2) or (3) it shall also require that the offender be
referred to a substance abuse counselor who has been certified
pursuant to section 321-193 for an assessment of the offender’s
alcohol dependence and the need for treatment. The counselor shall
submit a report with recommendations to the court. The court may
require the offender to obtain appropriate treatment. All costs
for such assessment or treatment or both shall be borne by the
offender. Effective date: December 31, 1984.
Driving While License Suspended
Act 258 of 1985 adds a new section to
Section 291 regarding driving after license suspended or revoked
for driving under the influence of intoxicating liquor. Any person
convicted under this section shall be sentenced to a term of
imprisonment of at least three consecutive days but not more than
30 days, shall be fined not less than $250 and not more than
$1,000 and that person’s driver’s license shall be suspended
or revoked for an additional period of one year. The court for
good cause may extend imprisonment up to 60 days. The period of
suspension or revocation shall commence upon the release of the
person from the period of imprisonment imposed pursuant to this
section.
Section 286-104 is amended to order the
examiner of drivers to not issue any license until the expiration
of one year after the date of the revocation or until the
expiration of the period of revocation specified by law. Effective
date: June 5, 1985.
Driving Under the Influence
Act 86 of 1985 amends Section 291-4 as
follows for a first offense within a five-year period: Increases
prompt license suspension from 30 days to 90 days with absolute
prohibition from operating a motor vehicle during suspension of
license. It eliminates the 60 day restricted, provisional or
conditional license. Allows the court to impose, in lieu of the
90-day prompt suspension of license, a minimum 30 day prompt
suspension with absolute prohibition for the remainder of the 90
day period, a restriction on the license that allows the person to
drive for limited work-related purposes and to participate in
alcoholism treatment programs. Effective date: May 10, 1985.
Refusal to Submit to a Breath or Blood Test
Act 90 of 1985 amends Section 286-155 to
allow a judge to revoke the arrested person’s license, permit or
any non resident operating privilege as follows: 1) for a first
revocation, or any revocation not preceded within a five-year
period by a revocation under this section, for a period of 12
months; and 2) for any subsequent revocation under this section,
for a period not less than two years and not more than five years.
Whenever a court penalizes a person under this section, it shall
always require that the person be referred to a substance abuse
counselor who has been certified pursuant to section 321-193 for
an assessment of the person’s alcohol dependence and the need
for treatment. The counselor shall submit a report with
recommendations to the court. The court may require the person to
obtain appropriate treatment. All costs for such assessment or
treatment or both should be borne by the penalized person.
Effective date: May 10, 1985.
Mandatory Use of Seat Belts
Act 235 of 1985 adds a new section mandating
use of seat belts. No person shall operate a motor vehicle unless
the person is restrained by a seat belt assembly and any passenger
sin the front seat of the motor vehicle are restrained by a seat
belt assembly if between the ages of 4 and 15 or are restrained
pursuant to section 291-11.5 if under the age of four; or if 15
years of age or more shall be a passenger in the front seat of a
motor vehicle being operated upon any public highway unless such
person is restrained by a seat belt assembly. Exempts passengers
in emergency, commercial, for hire and mas transit vehicles and
Type I school buses. Any person who failed to comply with the
requirements shall be guilty and subject to a fine of $15 for each
violation. Effective Date: December 16, 1985.
Implied Consent
Act 221 of 1986 amends Section 286-151 by
adding a section that reads: If there are reasonable grounds to
believe that a person is in violation of section 291-4, then such
person shall have the option to take a breath or blood test, or
both, for the purpose of determining the alcohol content of that
person’s blood. In this Act, Section 291-7 amends driving under
the influence of drugs by deleting the existing language and
adding language that reads: A person commits the offense of
driving under the influence of drugs if the person operates or
assumes actual physical control of the operation of any vehicle
while under the influence of any drug which impairs such person’s
ability to operate the vehicle in a careful and prudent manner.
The term "drug" as used in this section shall mean any
controlled substance as defined and enumerated on schedules I
through IV of chapter 329. Penalties for violation of this section
are also imposed. Notwithstanding any other law to the contrary,
any conviction for driving under the influence of drugs shall be
considered a prior conviction. It also requires alcohol assessment
and treatment at the offender’s expense. Effective date: May 27,
1986.
Assessment and Treatment
Act 198 of 1986 amends Section 291-4 to add
alcohol abuse to alcohol dependence when a court sentences a
person and requires referral to a substance abuse counselor.
Effective: May 19, 1986.
Minimum Drinking Age
Act 342 of 1986 raises the minimum drinking
age to 21 to comply with Public Law 98-363 in which Hawaii will
lose 5% of its federal highway funds if it does not have a
drinking age requirement of 21 by October 1, 1986, and 10% of its
highway funds if it does not meet this requirement by October 1,
1987. Section 281-1 amends the definition of "minor" and
"public place" to mean any person below the age of 21,
and public place to mean publicly owned property or privately
owned property open for public use or to which the public invited
for entertainment or business purposes. Effective date: October 1,
1986 and shall be repealed on September 30, 1991.
Open Container Law
Act 171 of 1986 amends several subsections
of Section 291. Section 291-1 broadens the definition of
"Intoxicating Liquor" to mean the same as defined in
Section 281-1. "Public street, road, or highway"
includes the entire width, including beam and shoulder, of every
road, alley, street, way, lane, trail, highway, bikeway, bridge,
when any part thereof is open for use by the public, including any
bicycle lane, bicycle path, bikeway, controlled access highway,
lane roadway, roadway, or street, as defined in section 291C-1,
and any public highway as define in section 264-1. Section 291-3.5
is amended to prohibit consumption of alcohol at scenic lookouts.
Effective date: May 17, 1986.
Relating to Blood Test
Act 196 of 1986 adds a new section to
Chapter 663 providing immunity from liability for authorized
persons withdrawing blood at direction of a police officer to
determine blood alcohol content. This Act also amends Sections
286-152 and 286-153 to authorize a person licensed in a clinical
laboratory occupation under section 321-13 to withdraw blood for
the purpose of determining the alcoholic content therein.
Effective date: May 19, 1986.
Seat Belt Exemption for Taxi Drivers
Act 238 amends Section 291-11.6 to exempt
drivers of taxicabs or other motor vehicles utilized in performing
a bona fide metered taxicab service which is regulated under
chapter 269 or by county ordinance and is carrying passengers in
the vehicle in the course of performing taxicab services, from
wearing a seat belt. Effective date: May 28, 1986.
Consuming or Possessing Intoxicating Liquor
While Operating a Motor Vehicle or Moped
Act 33 of 1987 amends sections 291-3.1,
291-3.2 and 291-3.3 of HRS as follows: No person shall consume,
operate or possess, while operating a motor vehicle or moped upon
any public street, road or highway, any bottle, can, or other
receptacle containing any intoxicating liquor which has been
opened, or a seal broken, or the contents of which have been
partially removed. Effective date: May 11, 1987.
Stopping for School Buses
Act 237 of 1987 amends Section 291C-95 as
follows: Whenever a school bus is stopped on a highway with its
visual signals as described in subsection (g) of this section
actuated, the driver of any motor vehicle on the same highway in
the lane occupied by the school bus and the lane immediately
adjacent to the lane occupied by the school bus, regardless of
direction of traffic in that lane, shall stop the driver’s
vehicle before reaching the school bus and shall not proceed until
the school bus resumes motion or the visual signals are turned
off. Effective date: September 1, 1987.
Alcohol Blood Tests
Act 39 of 1988 amends Section 286-151 by
transferring the responsibility for approving tests to determine
breath or blood alcohol content from the director of
transportation to the director of health. Effective date: May 10,
1988.
Commercial Driver Licensing
Act 320 of 1989 adds a new part on
Commercial Driver Licensing to Section 286 that prohibits
commercial drivers from operating with any alcohol in their body.
The Act also provides that any driver who has an alcohol
concentration of 0.01 per cent through 0.03 percent by weight or
who refuses to take a test as provided shall be issued an
out-of-service order. Upon receipt of the affidavit of a law
enforcement officer submitted under subsection (d), the district
judge shall hold a hearing as provided in section 286-156 and
shall determine whether the statements in the affidavit are true,
and correct. If the judge finds they are true, the judge may
disqualify the driver from driving a commercial motor vehicle.
Effective date: January 1, 1991.
Cost of Blood Tests
Act 128 of 1989 adds a new subsection to
Section 291-4 that reads: Any person sentenced under the
provisions of this part may be ordered to make restitution to the
county for the actual cost incurred in conducting any blood tests
under the provisions of section 286-152. The court may order the
person to make restitution in a lump sum, or in a series of
prorated installments, to the police department or other agency
incurring the expense of the blood test. Effective date: June 7,
1989.
Child Passenger Restraints
Act 30 of 1989 adds a new subsection to
Section 291-11.5 that defines emergency vehicle, mass transit
vehicle and seat belt assembly to have the same meaning as
provided in Section 291-11.6, and commercial vehicle shall be
defined as any motor vehicle that is being used for the
transportation of persons for hire, compensation or profit.
Effective date: April 24, 1989.
Pickup Truck Passenger Restrictions
Act 167 of 1989 adds a new section to
Chapter 291, HRS, reading: No person shall stand in the bed or
load-carrying area of any motor vehicle commonly known as a pickup
truck while the vehicle is in operation. No operator of any pickup
truck shall operate the vehicle with a passenger seated in the bed
or load-carrying area of the vehicles unless: 1) there is no
seating available in the cab of the vehicle; 2) the side racks of
the vehicle are securely attached and the tailboard or tailgate is
securely closed; 3) every passenger in the bed or load-carrying
area of the vehicle is seated on the floor and does not attempt to
control unlashed cargo. This section does not apply to persons or
corporations operating a business or businesses that serve the
public. It sets a fine of $25 for each violation. Effective date:
June 7, 1989.
Administrative Revocation of Driver’s
Licenses
Act 188 of 1990 establishes a new section in
Chapter 286, titled Administrative Revocation of Drivers’s
Licenses. The Act 1) provides safety for all persons using the
highways of this state by quickly revoking the driving privilege
of those persons who have shown themselves to be safety hazards by
driving with an excessive concentration of alcohol in their bodies
or who have refused to submit a to testing for the presence of
alcohol in their bodies, and 2) guards against the potential for
an erroneous deprivation of the driving privilege by providing an
opportunity for an administrative hearing which shall commence
prior to the effective date of the revocation and an opportunity
for judicial review after the revocation becomes effective; 3)
prevents any relicensing of a person following the revocation
period until the person has applied for and met the requirements
for issuance of a new license; and 4) provide under certain
circumstances that a person adjudicated for driving under the
influence of intoxicating liquor attach an ignition interlock
system to the person’s car to prevent the person from driving
while under the influence. Effective date: July 1, 1990.
Notice of Traffic Safety Laws in Rental
Vehicles
Act 154 of 1990 adds a new section to
Section 437D-13, HRS, that requires: The existence and location of
additional information concerning the laws relating to seat belts,
child passenger restraints, and driving while under the influence
of intoxicating liquor in each rental motor vehicle offered to the
public. The requirements and penalties of Hawaii’s seat belt
laws and child passenger restraint laws, as provided in sections
291-11.5 and 291-11.6 and the prohibition against and penalties
for driving while under the influence of intoxicating liquor, as
provided in section 291-4 shall be printed on a card which shall
be placed in the glove compartment of every rental motor vehicle
offered to the public. Effective date: June 15, 1990.
Seat Belts
Act 218 of 1990 eliminates the requirement
that motor vehicle insurers provide a reduction of premium charges
for no-fault benefits for motor vehicles equipped with seat belts,
since virtually all vehicles are so equipped. Effective date: June
25, 1990.
Alcohol and Aviation Safety
Act 274 of 1991 amends Title 15, HRS, by
adding a new chapter designated as Chapter 263A which establishes
implied consent of operators of aircraft to submit to testing to
determine alcoholic content of blood. Effective date: June 17,
1991.
Minimum Drinking Age
Act 206 of 1991 extends the minimum drinking
age of 21 by one year until September 30, 1992, and directs the
director of transportation to report back to the Legislature on
the effectiveness of Act 342, 1986, and that include, but not be
limited to, information and recommendations relating to the extent
to which Act 342, 1986, has reduced accidents, injuries and
fatalities caused by driving under the influence of intoxicating
liquor, and the extent to which compliance has been achieved with
Act 342, 1986. Effective date: May 28, 1991.
Administrative License Revocation
Act 300 of 1991, appropriates funds from the
General Fund to implement the provisions of Act 188, 1990, and
directs that all employees shall be hired without regard to
chapter 76. Effective date: July 1, 1991.
Administrative License Revocation
Act 1 of Special Session 1991, amends the
flaws in Chapter 286 relating to Administrative License Revocation
so that it can be implemented. Effective date: some sections are
effective on August 1, 1991 and some retroactively to July 1,
1990.
Minimum Drinking Age
Act 207, 1992 permanently raised the minimum
drinking age to 21. Effective date: June 12, 1992.
Evidence of BAC
Act 222 of 1992 amends Section 291-5,
subsection c: Nothing in this section shall be construed as
limiting the introduction in any criminal proceeding for a
violation under section 291-4 or in any proceeding under part XIV
of Chapter 286 of relevant evidence of a person’s blood alcohol
concentration obtained more than three hours after an alleged
violation, provided that the evidence is offered in compliance
with the Hawaii rules of evidence. Effective date: June 12, 1992.
Traffic Safety Education
Act 254 of 1992 adds a new section to
Chapter 299: The Department of Education may establish and
administer a traffic safety education program at each public
school for students, K-12. Established a traffic education
specialist to be paid out of fees allocated to department from
special driver education fund. Effective date: June 18, 1992.
Trial by Jury
Act 253 of 1992 amends Section 604-8 to
specify that trial by jury for violations under Section 291-4 may
be heard in district courts. Effective date: June 18, 1992.
Right to Jury Trial
Act 128 of 1993 The purpose of this Act is
to reduce the penalties for first time offenders so that there can
be no question that, as to first time offenders, the offense is a
"petty offense" in the constitutional sense, to which no
right to jury trial attaches. The Legislature finds that those
offenders who are convicted repeatedly of driving under the
influence of intoxicating liquor represent a serious social
problem. They have been unwilling to modify their behavior and
represent a continuing dangerous presence on the roadways. First
time offenders, however, represent less of a threat to society, as
most will respond to corrective action. The amended penalty
provisions for first time offenders shall be retroactive for all
pending first time offense cases for driving under the influence
of intoxicating liquor. It is the intent of the Legislature that
the reduced penalties provided for in the Act apply to all pending
first offense cases. The legislature further intends that by
making the reduced penalties provided for in this Act retroactive
to pending cases, it is made clear that such first offenders are
not entitled to a jury trial, as the offense is a "petty
offense" in the constitutional sense. Section 291-4 is
amended by adding a new subsection: No license suspension or
revocation shall be imposed pursuant to this subsection if the
person’s license has previously been administratively revoked
pursuant to part XIV or Chapter 286 for the same offense; provided
that, if the administrative revocation is subsequently reversed,
the person’s license shall be suspended or revoked as provided
in this subsection. Effective date: May 21, 1993 and is
retroactive for all pending first-offense cases for driving under
the influence of intoxicating liquor.
Driving Under the Influence
Act 242 of 1993 amends Section 291-4 to
read: A person commits the offense of driving under the influence
of intoxicating liquor if the person operates or assumes actual
physical control of the operation of any vehicle with .10 grams of
alcohol per one hundred milliliters or cubic centimeters of blood
or .10 or more grams of alcohol per two hundred ten liters of
breath. Effective date: June 18, 1993.
Commercial Motor Vehicle Operators
Act 268 of 1993 amends Section 286-243 to
further define the consequences if a commercial driver refuses an
alcohol test requested by a law enforcement officer. Effective
date: June 18, 1993.
Point Assessments
Act 286-128 amends Section 286-128 to
eliminate point assessments for decriminalized offenses. Effective
date: June 7, 1994.
Habitually Driving Under the Influence of
Intoxicating Liquor or Drugs &
.08 BAC
Act 226 of 1995 amends Chapter 291 by adding
a new section designated Habitually driving under the influence of
intoxicating liquor or drugs. This section creates a Class C
felony offense for a person who commits the offense of habitually
driving under the influence of intoxicating liquor or drugs, if,
during a 10-year period the person has been convicted three or
more times for a driving under the influence offense.
This Act also amends Sections 286-256,
286-257, 286-258, 286-259, 291-4 replacing the alcohol
concentration of .10 to .08; amends section 291-4 by amending the
penalties for a second offense within five years to not more than
14 days of imprisonment and 200 hours of community service, or a
fine of $1,500. For a third offense amends penalties to not more
than 30 days imprisonment, $2,500 fine.
This Act also adds a subsection to 291-4:
The requirement to provide proof of financial responsibility
pursuant to section 187-20 shall not be based upon a revocation
under part XIV of chapter 286 unless the person’s license has
been previously revoked under that part in the five-year period
immediately preceding the revocation at issue, nor shall the
requirement to provide proof of financial responsibility pursuant
to section 287-20 be based upon a sentence imposed under
subsection (b)(1). This Act also deletes the definition of
"ignition interlock system" in Section 286-251, HRS.
Effective date: June 29, 1995.
Operating a Vessel Under the Influence of
Intoxicating Liquor
Act 165 amends Chapter 200 by adding a new
part Alcohol and Boating Safety. This part applies only to
recreational vessels in the waters of the State. The offense
parallels the offense and penalties for Section 291-4 for motor
vehicles, but requires the loss of the privilege of operating a
vessel during the suspension period. Effective June 14, 1995.
Mandatory Testing in Collisions Resulting in
Death
Act 197 of 1995 amends Section 286-163 to
read: in the event of a collision resulting in injury or death,
and the police have probable cause to believe that a person in the
incident has committed a violation of 707-702.5, 707-703, 707-704,
707-706, 291-4 or 291-7, the police shall request that a sample of
blood be recovered from the driver or any other person suspected
of committing a violation of these sections. The police shall make
this request to the hospital or medical facility treating the
person from whom the police request that the blood be recovered.
Upon the request of the police that blood be recovered pursuant to
this section, and except where the responsible attending personnel
at the hospital or medical facility determines in good faith that
recovering or attempting to recover blood from the person
represents an imminent threat to the health of the medical
personnel or others, the hospital or medical facility shall
provide the police with the blood sample requested, recover the
sample in compliance with section 321-161, and assign a person
authorized under section 286-152 to withdraw the blood sample. Any
person complying with a request to withdraw blood under the
direction of a police officer pursuant to this section shall be
exempt from liability pursuant to section 663-1.9 as a result
thereof. Effective date: June 19, 1995.
Persons Qualified to Take Blood Specimens
Act 105 of 1996 amends Section 286-152 to
list phlebotomists deemed qualified by the director of a clinical
laboratory that is licensed by the State, to take blood specimens
for determining the alcohol content. Effective: June 12, 1996.
Implied Consent for Drugs
Act 103 of 1997 amends Chapter 286, HRS, to
adding six new sections to part VII regarding: Revocation of
privilege to drive a motor vehicle upon refusal to submit to drug
testing; Hearing before a district judge; Appeal to Supreme Court;
Interpretation of drug tests, competent evidence; Proof of refusal
of drug testing, admissibility; and presence of drugs or metabolic
products admissibility.
This Act also amends various sections of
Section 286-151, 286-152, 286-153 to add drug content to alcohol
concentration. It also establishes that if there is probable cause
to believe that a person is in violation of section 291-7 , that
the person shall have the option of taking a blood or urine test,
or both, for the purpose of determining drug content. Drug content
shall be measured by the presence of any scheduled drug as
provided in section 291-7 or its metabolic products or both. The
person shall be informed of the sanctions of section 286-A for
failure to take either test. A person who chooses to submit to a
breath test, may be requested to submit to a blood or urine test,
if the officer has probable cause to believe that the person was
driving under the influence of any drug under section 290-7 or the
combined influence of alcohol and drugs and the office has
probable cause tp believe that a blood or urine test will reveal
evidence of the person being under the influence of drugs.
Effective date: January 1, 1998.
Driver Licensing
Act 104 amends Section 286-108 by adding a
new subsection: Except as provided in subsection (c) the examiner
of drivers shall not examine any applicant for a driver’s
license who is 15 through 17 years of age unless the applicant
holds a valid instruction permit under section 286-110 for a
period of no fewer than 90 days. Section 286-110 is also amended
to include that the holder of a temporary instruction permit shall
be accompanied by a person who is 18 years of age or older and
licensed to operate the category of motor vehicle in which the
vehicle which is being operated belongs. Effective date: January
1, 1998.
Pick Up Trucks
Act 105 of 1997 amends Section 291-14 by
adding a new section: No operator of any pickup truck may operate
the vehicle with any passenger 12 years of age or under in the bed
or load-carrying area of the vehicle unless one of the following
applies: 1) an emergency exists that threatens the life of the
passenger being transported in the bed or load-carrying area of
the vehicle, or 2) the vehicle is being operated in parades,
caravans, or exhibitions which are officially authorized or
otherwise permitted by law. The fine for violation of this section
is $50 for each separate violation. Effective date: January 1,
1998.
Health Provider Reporting
Act 100 of 1997 adds a new subsection to
section 286-163: If a health care provider who is providing
medical care in a health care facility to any person involved in a
motor vehicle accident, becomes aware, as a result of any blood
test performed in the course of medical treatment, that the
alcohol content in the person’s blood meets or exceeds the
amount specified in section 291-4 and has a reasonable belief that
person was the driver of a motor vehicle involved in the accident,
the health care provider shall notify, as soon as reasonably
possible, any law enforcement officer present at the health care
facility to investigate the accident or, if no such officer is
present, the county police department in the county where the
accident occurred. Where the health care provider is aware of any
blood test result as provided in the preceding sentence, but lacks
information to form a reasonable belief as to the identity of the
driver involved in a motor vehicle accident, then the health care
provider shall give notice as provided in the preceding sentence
for all persons involved in a motor vehicle accident whose alcohol
content in the person’s blood meets or exceeds the amount
specified in section 291-4. The notice by the health care provider
shall consist of the name of the person being treated, the blood
alcohol level disclosed by the test, and the date and time of the
administration of the test. Such notice shall be deemed to satisfy
the intoxication element necessary to establish the probable cause
requirement set forth in subsection (c). Any health care provider,
who in goo faith in compliance with se3ction 286-163 proves notice
concerning the alcohol content of a person’s blood shall be
immune from all civil liability in any action based upon the
compliance. The health care provider shall also be immune from any
civil liability for participating in any subsequent judicial
proceeding relating to the person’s compliance. Effective date:
June 7, 1997.
Zero Tolerance
Act 102 of 1997 creates a new section in
Chapter 291 establishing a Zero Tolerance alcohol level for
persons under the age of 21 operating a motor vehicle. For a first
offense, if the person is under 18, the person and their parent’s
or guardian, must attend an alcohol abuse education and counseling
program for not more than 10 hours; receive a 180 day prompt
suspension of license with absolute prohibition from operating a
motor vehicle during the suspension of license, or in the case of
a person 18 years of age or older, the court may impose, in lieu
of the 180 day prompt suspension of license, a minimum 30 day
prompt suspension of license with absolute prohibition from
operating a motor vehicle and for the remainder of the 180 day
period, a restriction on the license that allows the person to
drive for limited work-related purposes and to participate in
alcohol abuse education and treatment programs. In addition, the
court may impose one or more–not more than 36 hours of community
service work or a fine of not less than $150 but not more than
$500. Additional penalties are imposed on a person who violates
this section within five years of a prior law enforcement contact;
and within five years of two prior alcohol enforcement contacts.
Also requires that when a court sentences a person under this
chapter, that it also shall require that the person be referred to
a substance abuse counselor for an assessment of the person’s
alcohol abuse or dependence and the need for appropriate
treatment. A person convicted under this section of a first-time
violation, who had no prior alcohol enforcement contacts, may
apply to the court for an expungement order upon attaining the age
of 21, and has fulfilled the terms of the sentence imposed by the
court and has had no subsequent alcohol or drug-related
enforcement contacts. The requirement to provide proof of
financial responsibility pursuant to section 287-20 shall not be
based upon a sentence under subsection (b)(1). Effective date:
December 1, 1997.
Implied Consent for Drugs
Act 103 of 1997 amends Chapter 286 by adding
six new sections to part VII: Revocation of privilege to drive a
motor vehicle upon refusal to submit to drug testing; Hearing
before a district judge; Appeal to the Supreme Court;
Interpretation of drug tests, competent evidence; Proof of refusal
of drug testing, admissibility; Presence of drugs or metabolic
products, admissibility.
Also amends Section 286-151 to add drug
content to implied consent, and describes how drug content shall
be measured and probable cause for arrest. Section 286-152 was
amended to add drug content and urine specimens. Section 286-153
was amended to allow the arrestee to choose a qualified person to
administer additional tests. Section 286-162.5 was amended to
authorize the police to establish drug control roadblock programs.
Section 286-163 was amended to require mandatory testing for drugs
in the event of a collision resulting injury or death. Section
321-161 requires the department of health to administer a
statewide program relating to chemical testing of drug content for
the purposes of chapters 286, 291 and 291C. The Act does not
affect the rights and duties that matured, penalties that were
incurred, and proceedings that were begun, before its effective
date. Effective January 1, 1998.
Administrative Revocation of Driver’s
License
Act 84 of 1998 amends sections 286-251,
286-253, 286-254, 286-255, 286-257 to add section 291-4.4.
Effective date: May 26, 1998.
Sentencing
Act 287 of 1998 amends Section 291-2
(Reckless driving of vehicle or riding of animals; penalty) to
lower the penalty for imprisonment to 30 days; amends Section
291-3.1 (Consuming or possessing intoxicating liquor while
operating motor vehicle or moped) to read that any person
violating his section shall be fined not more than $2,000 or
imprisoned not more than 30 days, or both; and amends Section
291-12 (inattention to driving) to lower the jail time to not more
than 30 days. Effective date: July 20, 1998.
Child Passenger Restraints
Act 81 of 1998 amends Section 291-11.5 to
require that first time violators of the child passenger restraint
law be required by the court to attend a child passenger restraint
system safety class conducted by the division of driver education,
pay a $50 driver education assessment; and be fined not more than
$100. For convictions of a second offense, violators shall be
fined not more than $200, be required to attend a child passenger
restraint system safety class and pay a $50 driver education
assessment if the person has not previously attended such a class.
For a conviction of a third or subsequent offense, the person
shall be fined not more than $500, be required by the court to
attend a child passenger restraint class and pay a $50 driver
education assessment if the person has not previously attended
such a class. Effective date: May 20, 1998.
Overtaking & Passing School Buses
Act 265 of 1998 amends Section 291C-95 by
requiring the driver of any motor vehicle on the same highway or
road in a residential area in the lane occupied by a school bus
and all lanes adjacent to the lane occupied by the school bus,
regardless of the direction of traffic those lanes, to stop the
driver’s vehicle not less than 20 feet from the school and not
proceed until the school bus resumes motion and the visual signals
are turned off. This does not apply where a highway or road in a
resident area has been divided into two or more lanes by an
intervening space, a physical barrier or a clearly indicated
driving section. In such cases, this law will only apply to
drivers of motor vehicles on the same side a school bus which is
topped with visual signals actuated by required under subsection
(c). Effective date: July 20, 1998.
Child Endangerment
Act 78 of 1999 amends Section 291-4 by
adding a new subsection: Any person eighteen years of age or
older, who is convicted under this section and who operated or
assumed actual physical control of a vehicle with a passenger, in
or on the vehicle, who was younger than 15 years of age, shall be
sentenced to an additional mandatory fine of $500, and an
additional mandatory term of imprisonment of 48 hours provided,
however, that the total term of imprisonment for a person
convicted under this section shall not exceed 30 days. Effective
date: June 21, 1999.
Police Roadblocks
Act 183 of 1999 amends Section 286-162.5 as:
In the case of internal police procedures that do not fall within
the definition of "rule" under section 91-1(4), failure
to comply scrupulously with such internal police procedures shall
not invalidate a roadblock that otherwise meets the minimum
statutory criteria provided in section 286-162.6. Effective date:
July 2, 1999.
Child Passenger Safety
Act 56 of 1999, amends Section 291-11.5 to
reflect the National Traffic Safety Administration’s
recommendations for child passenger restraint law. Except as
otherwise provided in this section, no person operating a motor
vehicle on a public highway in the State shall transport a child
under four years of age unless the person operating the motor
vehicle ensures that the child is properly restrained in a child
passenger restraint system approved by the U.S. Department of
Transportation at the time of its manufacture. Effective date:
July 1, 1999.
Mandatory Driver Education
Act 175 of 1999 amends Section 286-108 to
require that a person under the age of 18 shall provide proof that
the applicant has completed a driver’s education program and a
behind-the-wheel driver training course certified by the director
of transportation before receiving a driving license. This Act
also increases the age to be eligible for an instruction permit to
15 years and six months, and a driver’s license to 16 years.
Effective date: January 1, 2001.
