Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one
HRS §291E-64
in effect291E-64. Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one
(a) It shall be unlawful for any person under the age of twenty-one years to operate any vehicle with a measurable amount of alcohol. A law enforcement officer may arrest a person under this section when the officer has probable cause to believe the arrested person is under the age of twenty-one and had been operating a vehicle upon a public way, street, road, or highway or on or in the waters of the State with a measurable amount of alcohol.
(b) A person who violates this section shall
be sentenced as follows:
(1) For a first violation or any violation not
preceded within a five-year period by a prior alcohol enforcement contact:
(A) The court shall impose:
(i) A requirement that the person and, if the
person is under the age of eighteen, the person's parent or guardian attend an
alcohol abuse education and counseling program for not more than ten hours; and
(ii) A one hundred eighty-day prompt suspension
of license and privilege to operate a vehicle with absolute prohibition from
operating a vehicle during the suspension period, or in the case of a person
eighteen years of age or older, the court may impose, in lieu of the one
hundred eighty-day prompt suspension of license, a minimum thirty-day prompt
suspension of license with absolute prohibition from operating a vehicle and,
for the remainder of the one hundred eighty-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; and
(B) In addition, the court may impose any one
or more of the following:
(i) Not more than thirty-six hours of community
service work; or
(ii) A fine of not less than $150 but not more
than $500;
(2) For a violation that occurs within five years of
a prior alcohol enforcement contact:
(A) The court shall impose prompt suspension
of license and privilege to operate a vehicle for a period of one year with
absolute prohibition from operating a vehicle during the suspension period; and
(B) In addition, the court may impose any of
the following:
(i) Not more than fifty hours of community
service work; or
(ii) A fine of not less than $300 but not more
than $1,000; and
(3) For a violation that occurs within five years of
two prior alcohol enforcement contacts:
(A) The court shall impose revocation of
license and privilege to operate a vehicle for a period of two years; and
(B) In addition, the court may impose any of
the following:
(i) Not more than one hundred hours of
community service work; or
(ii) A fine of not less than $300 but not more
than $1,000.
(c) Notwithstanding any other law to the
contrary, any conviction or plea under this section shall be considered a prior
alcohol enforcement contact.
(d) Whenever a court sentences a person
pursuant to subsection (b)(2) or (3), it also shall require that the person be
referred to the driver's education program for an assessment, by a certified
substance abuse counselor, of the person's alcohol abuse or dependence and the
need for appropriate treatment. The counselor shall submit a report with
recommendations to the court. The court shall require the person to obtain
appropriate treatment if the counselor's assessment establishes the person's
alcohol abuse or dependence. All costs for assessment and treatment shall be
borne by the person or by the person's parent or guardian, if the person is
under the age of eighteen.
(e) Notwithstanding section 831-3.2 or any
other law to the contrary, a person convicted of a first-time violation under
subsection (b)(1) or section 291-4.3, as it existed before Act 189, Session
Laws of Hawaii 2000, who had no prior alcohol enforcement contacts, may apply
to the court for an expungement order upon attaining the age of twenty-one, or
thereafter, if the person has fulfilled the terms of the sentence imposed by
the court and has had no subsequent alcohol or drug related enforcement contacts;
provided that this subsection shall not apply to persons
in possession of a commercial learner's permit or commercial driver's license
or convicted in a commercial motor vehicle or while transporting hazardous
materials.
(f) Notwithstanding any other law to the
contrary, whenever a court revokes a person's driver's license pursuant to this
section, the examiner of drivers shall not grant to the person an application
for a new driver's license for a period to be determined by the court.
(g) Any person sentenced under this section
may be ordered to reimburse the county for the cost of any blood tests
conducted pursuant to section 291E-11. The court shall 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.
(h) The requirement to provide proof of
financial responsibility pursuant to section 287-20 shall not be based upon a
sentence imposed under subsection (b)(1).
(i) Any person who violates this section shall
be guilty of a violation.
(j) As used in this section, the terms
"driver's license" and "examiner of drivers" have the same
meanings as provided in section 286-2.
[L 2000, c 189, pt of §23; am L 2001, c
157, §28; am L 2006, c 201, §8; am L 2007, c 198, §5; am L 2024, c 168, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0064.htmFetched: 11/10/2026