Prohibited Conduct

HRS div. 1, tit. 17, ch. 291E, pt. IV

in effect

HRS §291E-61 Operating a vehicle under the influence of an intoxicant

291E-61. Operating a vehicle under the influence of an intoxicant (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 or more grams of alcohol per two hundred ten liters of breath; or (4) With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood. (b) [Repeal and reenactment on June 30, 2028. L 2023, c 148, §8(2).] A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced without possibility of probation or suspension of sentence as follows: (1) Except as provided in paragraph (4), for the first offense, or any offense not preceded within a ten-year period by a conviction for an offense under this section or section 291E-4(a): (A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable programs deemed appropriate by the court; (B) Revocation of license to operate a vehicle for no less than one year and no more than eighteen months; (C) Installation during the revocation period of an ignition interlock device on all vehicles operated by the person; (D) Any one or more of the following: (i) Seventy-two hours of community service work; (ii) No less than forty-eight hours and no more than five days of imprisonment; or (iii) A fine of no less than $250 and no more than $1,000; (E) A surcharge of $25 to be deposited into the neurotrauma special fund; and (F) A surcharge, if the court so orders, or up to $25 to be deposited into the trauma system special fund; (2) For an offense that occurs within ten years of a prior conviction for an offense under this section: (A) A substance abuse program of at least thirty-six hours, including education and counseling, or other comparable programs deemed appropriate by the court; (B) Revocation of license to operate a vehicle for no less than two years and no more than three years; (C) Installation during the revocation period of an ignition interlock device on all vehicles operated by the person; (D) Either one of the following: (i) No less than two hundred forty hours of community service work; or (ii) No less than five days and no more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively; (E) A fine of no less than $1,000 and no more than $3,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund; (F) A surcharge of $25 to be deposited into the neurotrauma special fund; and (G) A surcharge of up to $50, if the court so orders, to be deposited into the trauma system special fund; (3) In addition to a sentence imposed under paragraphs (1) and (2), any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty-eight hours; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1) or (2), as applicable. Notwithstanding paragraphs (1) and (2), the revocation period for a person sentenced under this paragraph shall be no less than two years; (4) In addition to a sentence imposed under paragraph (1), for a first offense under this section, or an offense not preceded within a ten-year period by a conviction for an offense, any person who is convicted under this section and was a highly intoxicated driver at the time of the subject incident shall be sentenced to an additional mandatory term of imprisonment for forty-eight consecutive hours and an additional mandatory revocation period of six months; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1). Notwithstanding paragraph (1), the revocation period for a person sentenced under this paragraph shall be no less than eighteen months; (5) In addition to a sentence under paragraph (2), for an offense that occurs within ten years of a prior conviction for an offense under this section, any person who is convicted under this section and was a highly intoxicated driver at the time of the subject incident shall be sentenced to an additional mandatory term of imprisonment of ten consecutive days and an additional mandatory revocation period of one year; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (2), as applicable. Notwithstanding paragraph (2), the revocation period for a person sentenced under this paragraph shall be no less than three years; (6) A person sentenced pursuant to paragraph (1)(B) may file a motion for early termination of the applicable revocation period if the person: (A) Was not sentenced to any additional mandatory revocation period pursuant to paragraph (3) or (4); (B) Actually installed and maintained an ignition interlock device on all vehicles operated by the person for a continuous period of six months, after which the person maintained the ignition interlock device on all vehicles operated by the person for a continuous period of three months without violation; (C) Includes with the person's motion for early termination a certified court abstract establishing that the person was not sentenced to any additional mandatory revocation period pursuant to paragraph (3) or (4); (D) Includes with the person's motion for early termination a certified statement from the director of transportation establishing that: (i) The person installed and maintained an ignition interlock device on all vehicles operated by the person for a continuous period of six months; and (ii) After the six-month period, the person maintained the ignition interlock device on all vehicles operated by the person for a continuous period of three months without violation; and (E) Has complied with all other sentencing requirements. Nothing in this paragraph shall require a court to grant early termination of the revocation period if the court finds that continued use of the ignition interlock device will further the person's rehabilitation or compliance with this section; (7) If the person demonstrates to the court that the person: (A) Does not own or have the use of a vehicle in which the person can install an ignition interlock device during the revocation period; or (B) Is otherwise unable to drive during the revocation period, the person shall be prohibited from driving during the period of applicable revocation provided in paragraphs (1) to (5); provided that the person shall be sentenced to the maximum license revocation period, the court shall not issue an ignition interlock permit pursuant to subsection (i), and the person shall be subject to the penalties provided by section 291E-62 if the person drives during the applicable revocation period; and (8) For purposes of this subsection, "violation" means: (A) Providing a sample of .04 or more grams of alcohol per two hundred ten liters of breath when starting the vehicle, unless a subsequent test performed within ten minutes registers a breath alcohol concentration lower than .02 and the digital image confirmed the same person provided both samples; (B) Providing a sample of .04 or more grams of alcohol per two hundred ten liters of breath on a rolling retest, unless a subsequent test performed within ten minutes registers a breath alcohol concentration lower than .02 and the digital image confirms the same person provided both samples; (C) Failing to provide a rolling retest, unless an acceptable test is performed within ten minutes; (D) Violating section 291E-66; or (E) Failing to provide a clear photo of the person when the person blows into the ignition interlock device. (c) Except as provided in sections 286-118.5 and 291E-61.6, the court shall not issue an ignition interlock permit to: (1) A defendant whose license is expired, suspended, or revoked as a result of action other than the instant offense; (2) A defendant who does not hold a valid license at the time of the instant offense; (3) A defendant who holds either a category 4 license under section 286-102(b) or a commercial driver's license under section 286-239(a), unless the ignition interlock permit is restricted to a category 1, 2, or 3 license under section 286-102(b); or (4) A defendant who holds a license that is a learner's permit or instruction permit. (d) Except as provided in subsection (c), the court may issue a separate permit authorizing a defendant to operate a vehicle owned by the defendant's employer during the period of revocation without installation of an ignition interlock device if the defendant is gainfully employed in a position that requires driving and the defendant will be discharged if prohibited from driving a vehicle not equipped with an ignition interlock device. (e) A request made pursuant to subsection (d) shall be accompanied by: (1) A sworn statement from the defendant containing facts establishing that the defendant currently is employed in a position that requires driving and that the defendant will be discharged if prohibited from driving a vehicle not equipped with an ignition interlock device; and (2) A sworn statement from the defendant's employer establishing that the employer will, in fact, discharge the defendant if the defendant cannot drive a vehicle that is not equipped with an ignition interlock device and identifying the specific vehicle the defendant will drive for purposes of employment and the hours of the day, not to exceed twelve hours per day, or the period of the specified assigned hours of work, the defendant will drive the vehicle for purposes of employment. (f) A permit issued pursuant to subsection (d) shall include restrictions allowing the defendant to drive: (1) Only during specified hours of employment, not to exceed twelve hours per day, or the period of the specified assigned hours of work, and only for activities solely within the scope of the employment; (2) Only the vehicle specified; and (3) Only if the permit is kept in the defendant's possession while operating the employer's vehicle. (g) Notwithstanding any other law to the contrary, any: (1) Conviction under this section, section 291E-4(a), or section 291E-61.5; (2) Conviction in any other state or federal jurisdiction for an offense that is comparable to operating or being in physical control of a vehicle while having either an unlawful alcohol concentration or an unlawful drug content in the blood or urine or while under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant; or (3) Adjudication of a minor for a law violation that, if committed by an adult, would constitute a violation of this section or an offense under section 291E-4(a), or section 291E-61.5, shall be considered a prior conviction for the purposes of imposing sentence under this section. Any judgment on a verdict or a finding of guilty, a plea of guilty or nolo contendere, or an adjudication, in the case of a minor, that at the time of the offense has not been expunged by pardon, reversed, or set aside shall be deemed a prior conviction under this section. (h) Whenever a court sentences a person pursuant to subsection (b), it also shall require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor deemed appropriate by the court, of the offender's substance 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 offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence. All costs for assessment and treatment shall be borne by the offender. (i) Upon proof that the defendant has: (1) Installed an ignition interlock device in any vehicle the defendant operates pursuant to subsection (b); and (2) Obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or section 431:10C-105, the court shall issue an ignition interlock permit that will allow the defendant to drive a vehicle equipped with an ignition interlock device during the revocation period. (j) 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 a new driver's license until the expiration of the period of revocation determined by the court. After the period of revocation is completed, the person may apply for and the examiner of drivers may grant to the person a new driver's license. (k) Any person sentenced under this section may be ordered to reimburse the county for the cost of any blood or urine 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 or urine test. Except as provided in section 291E-5, installation and maintenance of the ignition interlock device required by subsection (b) shall be at the defendant's own expense. (l) As used in this section, the term "examiner of drivers" has the same meaning as provided in section 286-2. [L 2000, c 189, pt of §23; am L 2001, c 157, §25; am L 2002, c 160, §11; am L 2003, c 71, §3; am L 2004, c 90, §12; am L 2005, c 33, §1 and c 194, §1; am L 2006, c 201, §7; am L 2007, c 198, §4; am L 2008, c 171, §§8, 16, 20 and c 231, §17; am L 2009, c 11, §17 and c 45, §§1, 2 as superseded by c 88, §§6, 13, 17(2); am L 2010, c 166, §19; am L 2012, c 327, §21; am L 2014, c 72, §7; am L 2018, c 74, §2; am L 2019, c 111, §11 and c 169, §1; am L 2021, c 196, §§4, 11 and c 216, §5; am L 2022, c 94, §1; am L 2023, c 148, §4]

HRS §291E-61.5 Habitually operating a vehicle under the influence of an intoxicant

291E-61.5. Habitually operating a vehicle under the influence of an intoxicant (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 or more grams of alcohol per two hundred ten liters of breath; or (D) With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood. (b) Habitually operating a vehicle while under the influence of an intoxicant is a class C felony. (c) [Repeal and reenactment on June 30, 2028. L 2023, c 148, §8(2).] For a conviction under this section, the sentence shall be either: (1) An indeterminate term of imprisonment of five years; or (2) A term of probation of five years, with conditions to include: (A) Mandatory revocation of license to operate a vehicle for a period no less than three years but no more than five years, with mandatory installation of an ignition interlock device in all vehicles operated by the respondent during the revocation period; (B) No less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively; (C) A fine of no less than $2,000 but no more than $5,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund; (D) Referral to a certified substance abuse counselor as provided in subsection (e); (E) A surcharge of $25 to be deposited into the neurotrauma special fund; and (F) A surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders. In addition to the foregoing, any vehicle owned and operated by the person committing the offense shall be subject to forfeiture pursuant to chapter 712A. (d) For any person who is convicted under this section and was a highly intoxicated driver at the time of the subject incident, the offense shall be a class B felony and the person shall be sentenced to the following: (1) An indeterminate term of imprisonment of ten years; or (2) A term of probation of five years, with conditions to include the following: (A) Permanent revocation of license to operate a vehicle; (B) No less than eighteen months imprisonment; (C) A fine of no less than $5,000 but no more than $25,000; and (D) Referral to a certified substance abuse counselor as provided in subsection (e). In addition to the foregoing, any vehicle owned and operated by the person who committed the offense shall be subject to forfeiture pursuant to chapter 712A. (e) Whenever a court sentences a person under this section, it shall also require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the offender's substance 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 offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence. All costs for assessment and treatment shall be borne by the offender. (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 a new driver's license until expiration of the period of revocation determined by the court. After the period of revocation is complete, the person may apply for and the examiner of drivers may grant to the person a new driver's license. (g) Any person sentenced under this section may be ordered to reimburse the county for the cost of any blood or urine 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 or urine test. (h) As used in this section: "Convicted one or more times for offenses of habitually operating a vehicle under the influence" means that, at the time of the behavior for which the person is charged under this section, the person had one or more times within ten years of the instant offense: (1) A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for a violation of this section or section 291-4.4 as that section was in effect on December 31, 2001; (2) A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for an offense that is comparable to this section or section 291-4.4 as that section was in effect on December 31, 2001; or (3) An adjudication of a minor for a law or probation violation that, if committed by an adult, would constitute a violation of this section or section 291-4.4 as that section was in effect on December 31, 2001, that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside. All convictions that have been expunged by pardon, reversed, or set aside before the instant offense shall not be deemed prior convictions for the purposes of proving the person's status as a habitual operator of a vehicle while under the influence of an intoxicant. "Convicted two or more times for offenses of operating a vehicle under the influence" means that, at the time of the behavior for which the person is charged under this section, the person had two or more times within ten years of the instant offense: (1) A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for a violation of section 291E-61 or 707-702.5; (2) A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for an offense that is comparable to section 291E-61 or 707-702.5; or (3) An adjudication of a minor for a law or probation violation that, if committed by an adult, would constitute a violation of section 291E-61 or 707-702.5, that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside. All convictions that have been expunged by pardon, reversed, or set aside before the instant offense shall not be deemed prior convictions for the purposes of proving that the person is a habitual operator of a vehicle while under the influence of an intoxicant. "Examiner of drivers" has the same meaning as provided in section 286-2. "Habitual operator of a vehicle while under the influence of an intoxicant" means that the person was convicted: (1) Two or more times for offenses of operating a vehicle under the influence; or (2) One or more times for offenses of habitually operating a vehicle under the influence. [L 2003, c 71, §1; am L 2004, c 90, §13; am L 2005, c 194, §2; am L 2008, c 231, §18; am L 2015, c 11, §1; am L 2019, c 169, §2; am L 2020, c 70, §44; am L 2021, c 196, §§5, 11 and c 216, §6; am L 2023, c 148, §5]

HRS §291E-61.6 Petition for ignition interlock instruction permit and ignition interlock permit; eligibility; requirements

291E-61.6. Petition for ignition interlock instruction permit and ignition interlock permit; eligibility; requirements (a) This section shall apply to the following: (1) Any person subject to a lifetime license revocation pursuant to part III, as that part was in effect before January 1, 2011, or part XIV of chapter 286, as that part was in effect before January 1, 2002; (2) Any person who was arrested pursuant to section 291E-61 or 291E-61.5 before January 1, 2011, and whose license revocation period has not terminated; (3) Except as provided in section 286-118.5, any person whose license was expired, had a learner's permit or instruction permit, or who was otherwise unlicensed at the time of arrest pursuant to section 291E-61 or 291E-61.5; and (4) Any person arrested pursuant to section 291E-61 or 291E-61.5 whose driver's license from another state is expired or will expire during the license revocation period and who applies for a permit under this section. (b) Any person under subsection (a) may file a petition in the district court for permission to apply for an ignition interlock instruction permit that will allow the person to take the driving demonstration portion of the driver's license examination. The petition shall be filed with the clerk of the district court in the district in which the arrest occurred and shall be accompanied by the required filing fee for civil actions. The petition shall include the following: (1) A certified court abstract establishing that other than the instant offense, the petitioner has no pending traffic matters, outstanding fines, outstanding court costs, and outstanding restitution; (2) A certified statement from the director establishing that the petitioner has complied with all requirements, including payment of applicable fees, undergone substance abuse assessment and treatment, and surrendered motor vehicle registration and vehicle number plates, if applicable; and (3) A proposed order. In determining whether the petitioner may be granted an ignition interlock instruction permit, the district court shall consider whether the requirements of paragraphs (1) through (3) are met and may also consider any other factors, including but not limited to the petitioner's criminal and traffic record after receiving a lifetime license revocation, and based on the foregoing, the district court shall determine whether an order allowing the petitioner to apply to the director for an ignition interlock instruction permit and requiring the director to remove any stopper placed on the petitioner's motor vehicle registration files pursuant to part III of chapter 291E, as applicable, shall be issued; provided that the petitioner complies with applicable driver licensing requirements under part VI of chapter 286, and proof of financial responsibility under chapter 287. Upon submission of the order to the director, the director shall remove any stopper placed on the person's motor vehicle registration files and issue a certified statement indicating eligibility for an ignition interlock instruction permit. (c) To apply for an ignition interlock instruction permit, the person shall: (1) Present the certified statement of eligibility for ignition interlock instruction permit, as provided in subsection (b), to the examiner of drivers; (2) Pass the written portion of the driver's license examination in accordance with section 286-108; (3) Install an ignition interlock device on a vehicle to be used for the driving demonstration portion of the driver's license examination; and (4) Submit to the director the following: (A) Proof of passing the written portion of the driver's license examination; (B) Proof of installation of the ignition interlock device; (C) Proof of motor vehicle insurance; and (D) Proof of a valid motor vehicle registration. Upon receipt of proof of the requirements of paragraph (4), the director shall issue an ignition interlock instruction permit that allows the person to drive a category 1, 2, or 3 vehicle under section 286-102(b) that is equipped with an ignition interlock device for the period as provided in section 286-110; provided that a holder of the ignition interlock instruction permit for a category 3 vehicle shall be accompanied by a person who is twenty-one years of age or older and licensed to operate a category 3 vehicle. The licensed person shall occupy a passenger seat beside the permit holder while the category 3 vehicle equipped with an ignition interlock device is being operated. For the purposes of this section, "examiner of drivers" shall have the same meaning as provided in section 286-2. (d) Upon showing the ignition interlock instruction permit to the examiner of drivers, an applicant may take the driving demonstration portion of the driver's license examination in accordance with section 286-108. Upon successful completion of the driving demonstration portion of the driver's license examination, an applicant may apply to the director for an ignition interlock permit pursuant to section 291E-44.5. If granted, the ignition interlock permit shall expire as provided in section 286-106 or upon the end of the revocation period, whichever occurs first. (e) After a minimum period of five years from the issuance of an ignition interlock permit under subsection (d), a person subject to a lifetime license revocation for operating a motor vehicle while under the influence of an intoxicant may file a petition in the district court to reinstate the person's eligibility for license and privilege to operate a vehicle without an ignition interlock device. The petition shall be filed with the clerk of the district court in the district in which the arrest occurred and shall be accompanied by the required filing fee for civil actions. A copy of the petition shall be served on the prosecuting attorney in the county in which the petition is filed. The petition shall include the following: (1) A certified court abstract establishing that: (A) The petitioner has no pending traffic matters, outstanding fines, outstanding court costs, and outstanding restitution; and (B) The petitioner has not been convicted of any violation of section 291E-66 during the five-year period immediately preceding the petition; (2) A certified statement from the director establishing that the petitioner has complied with all requirements, including payment of applicable fees, undergone substance abuse assessment and treatment, and surrendered motor vehicle registration and vehicle number plates, if applicable; (3) A certified statement from the director of transportation establishing that: (A) The petitioner has had an ignition interlock device installed in a vehicle without a cumulative break of more than thirty days during the five years immediately preceding the petition; and (B) The petitioner has not attempted to operate a vehicle with .04 or more grams of alcohol per two hundred ten liters of breath during the two years immediately preceding the petition; (4) A certificate of service demonstrating the place, time, and manner of service of the petition on the prosecuting attorney; (5) A certified record from the Hawaii Criminal Justice Information System that shows the petitioner's current criminal history record; (6) A statement from the petitioner establishing where the petitioner has resided since the ignition interlock permit was issued; (7) A statement from the petitioner as to whether the petitioner has undergone substance abuse assessment and treatment and the outcome of this assessment and treatment; and (8) A proposed order. Within ten days of service of the petition, the prosecuting attorney may submit a written request for a hearing on the petition. The district court shall set a hearing and the prosecuting attorney shall serve notice of the hearing upon the petitioner at the petitioner's address shown on the petition and in accordance with the applicable court rules pertaining to service of civil process. The prosecuting attorney shall appear at the hearing on the petition and may offer evidence and argument in support of or against the granting of the petition. If the requirements of paragraphs (1) through (8) are met and it appears to the court that the petitioner no longer poses a danger to other persons using streets or highways and is not likely to operate a vehicle under the influence of an intoxicant, the district court shall grant the petition and issue an order declaring the person eligible for relicensing and reregistration, if applicable. In making its decision, the court, in addition to any other evidence, may consider the petitioner's ignition interlock program driving records and history. If the prosecuting attorney fails to submit a timely request for a hearing, and the requirements of paragraphs (1) through (8) are met, the district court shall grant the petition and issue an order declaring the petitioner eligible for relicensing and reregistration, if applicable. If the court denies the petition, the person may file another petition under this subsection no sooner than one year from the date of the court order. (f) Nothing in this section shall be interpreted to allow repeat intoxicated driving to be treated as a first time offense for purposes of relicensing. [L 2012, c 327, §4]

HRS §291E-62 Operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant; penalties

291E-62. Operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant; penalties (a) No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pursuant to this section, part III, section 291E-61 or 291E-61.5, or part VII or part XIV of chapter 286 or section 200-81, 291-4, 291-4.4, 291-4.5, or 291-7 as those provisions were in effect on December 31, 2001, shall operate or assume actual physical control of any vehicle: (1) In violation of any restrictions placed on the person's license; (2) While the person's license or privilege to operate a vehicle remains suspended or revoked; (3) Without installing an ignition interlock device required by this chapter; or (4) With an ignition interlock permit unless the person has the ignition interlock permit and government-issued identification in the person's immediate possession. For purposes of this paragraph, "government-issued identification" means: (A) A passport issued by the United States of America; or (B) A photo identification card issued by any federal, state, or local government. (b) No person who has been issued a notice of administrative revocation that serves as a temporary permit by a law enforcement officer, pursuant to section 291E-33, shall operate or assume actual physical control of any vehicle after the expiration of the temporary permit unless that person has an otherwise valid driver's license. No person charged with violating this section shall be convicted if the person produces in court, or proves from the proper official or other records, that the person was the holder of a valid driver's license at the time of the offense. (c) [Repeal and reenactment on June 30, 2028. L 2023, c 148, §8(2).] Any person convicted of violating this section shall be sentenced as follows without possibility of probation or suspension of sentence: (1) For a first offense, or any offense not preceded within a ten-year period by conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001: (A) A term of imprisonment of no less than three consecutive days and no more than thirty days; (B) A fine of no less than $250 and no more than $1,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and (C) Revocation of license and privilege to operate a vehicle for an additional year; (2) For an offense that occurs within ten years of a prior conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001: (A) Thirty days imprisonment; (B) A $1,000 fine, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and (C) Revocation of license and privilege to operate a vehicle for an additional two years; (3) For an offense that occurs within ten years of two or more prior convictions for offenses under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001, or any combination thereof: (A) No less than six months and no more than one year imprisonment; (B) A $2,000 fine, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and (C) Permanent revocation of the person's license and privilege to operate a vehicle; and (4) In addition to a sentence imposed under paragraphs (1) through (3), any person who is convicted under this section and also convicted under section 291E-61 or 291E-61.5, for an offense based on the same incident or arising from the same episode, shall be sentenced to terms of imprisonment for both offenses, which shall be served consecutively. (d) The applicable period of revocation in subsection (c) shall commence upon the release of the person from the period of imprisonment imposed pursuant to this section. [L 2000, c 189, pt of §23; am L 2001, c 157, §26; am L 2003, c 71, §4; am L 2004, c 6, §1 and c 90, §14; am L 2008, c 171, §9; am L 2009, c 88, §13; am L 2010, c 166, §20; am L 2015, c 40, §2; am L 2019, c 169, §3; am L 2021, c 196, §§6, 11; am L 2022, c 94, §2; am L 2023, c 148, §6]

HRS §291E-63 Records of suspensions and revocations of operating privileges to be maintained

291E-63. Records of suspensions and revocations of operating privileges to be maintained The court shall notify the department of land and natural resources of any sanctions imposed for offenses or violations under this part and the period of suspension or revocation of operator privileges ordered by the court under this part. [L 2000, c 189, pt of §23; am L 2001, c 157, §27]

HRS §291E-64 Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one

291E-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]

HRS §291E-65 Refusal to submit to testing for measurable amount of alcohol; district court hearing; sanctions; appeals; admissibility

291E-65. Refusal to submit to testing for measurable amount of alcohol; district court hearing; sanctions; appeals; admissibility (a) If a person under arrest for operating a vehicle after consuming a measurable amount of alcohol, pursuant to section 291E-64, refuses to submit to a breath or blood test, none shall be given, except as provided in section 291E-21, but the arresting law enforcement officer, as soon as practicable, shall submit an affidavit to a district judge of the circuit in which the arrest was made, stating: (1) That at the time of the arrest, the arresting officer had probable cause to believe the arrested person was 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; (2) That the arrested person was informed that the person may refuse to submit to a breath or blood test, in compliance with section 291E-11; (3) That the person had refused to submit to a breath or blood test; (4) That the arrested person was: (A) Informed of the sanctions of this section; and then (B) Asked if the person still refuses to submit to a breath or blood test, in compliance with the requirements of section 291E-15; and (5) That the arrested person continued to refuse to submit to a breath or blood test. (b) Upon receipt of the affidavit, the district judge shall hold a hearing within twenty days. The district judge shall hear and determine: (1) Whether the arresting law enforcement officer had probable cause to believe that the person was 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; (2) Whether the person was lawfully arrested; (3) Whether the person was informed that the person may refuse to submit to a breath or blood test, in compliance with section 291E-11; (4) Whether the person refused to submit to a test of the person's breath or blood; (5) Whether the person was: (A) Informed of the sanctions of this section; and then (B) Asked if the person still refuses to submit to a breath or blood test, in compliance with the requirements of section 291E-15; and (6) Whether the person continued to refuse to submit to a breath or blood test. (c) If the district judge finds the statements contained in the affidavit are true, the judge shall suspend the arrested person's license and privilege to operate a vehicle as follows: (1) For a first suspension, or any suspension not preceded within a five-year period by a suspension under this section, for a period of twelve months; and (2) For any subsequent suspension under this section, for a period not less than two years and not more than five years. (d) An order of a district court issued under this section may be appealed to the supreme court. [L 2000, c 189, pt of §23; am L 2001, c 157, §29; am L 2006, c 64, §9; am L 2009, c 88, §§7, 17(1)]

HRS §291E-66 Circumvention of, or tampering with, an ignition

291E-66. Circumvention of, or tampering with, an ignition interlock device by a person who has been restricted to operating a vehicle equipped with an ignition interlock device; penalties. (a) No person whose driving privileges have been restricted to operating a vehicle equipped with an ignition interlock device shall knowingly circumvent or tamper with an ignition interlock device in any way, including but not limited to: (1) Requesting, soliciting, directing, or authorizing another person to blow into an ignition interlock device or start a vehicle equipped with the device for the purpose of providing an operable vehicle to a person who has been restricted by law to operating only a vehicle so equipped; (2) Tampering with an ignition interlock device with the intent to render it inaccurate or inoperable; (3) Obscuring a camera lens associated with an ignition interlock device; or (4) Failing to provide a picture of the driver. (b) Any person required under subsection (a) to drive using an ignition interlock device who violates subsection (a) shall be sentenced without possibility of probation or suspension of sentence as follows: (1) For a first offense, or any offense not preceded within a ten-year period by conviction under this section or section 291E-62(a)(3): (A) A term of imprisonment of no less than three consecutive days and no more than thirty days; (B) A fine of no less than $250 and no more than $1,000; and (C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device; (2) For an offense that occurs within ten years of a prior conviction for an offense under this section or section 291E-62(a)(3): (A) Thirty days imprisonment; (B) A $1,000 fine; and (C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device; and (3) For an offense that occurs within ten years of two or more prior convictions for offenses under this section or section 291E-62(a)(3), or any combination thereof: (A) One year imprisonment; (B) A $2,000 fine; and (C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device. [L 2010, c 166, pt of §2; am L 2022, c 94, §3]

HRS §291E-67 Assisting or abetting the circumvention of, or tampering with, an ignition interlock device; penalties

291E-67. Assisting or abetting the circumvention of, or tampering with, an ignition interlock device; penalties (a) No person shall knowingly: (1) Blow into or start a vehicle equipped with an ignition interlock device for the purposes of providing an operable vehicle to another person who has been restricted by law to operating only a vehicle equipped with an ignition interlock device; (2) Tamper with an ignition interlock device with the intent to render it inaccurate or inoperable to permit another person, who has been restricted by law to operating only a vehicle equipped with an ignition interlock device, to operate the vehicle; or (3) Rent, lease, or lend a vehicle to another person who has been restricted by law to operating only vehicles equipped with an ignition interlock device, when the rented, leased, or loaned vehicle is not equipped with a functioning certified ignition interlock device. (b) Subsection (a) shall not apply to any act taken for the purpose of safety or mechanical repair of the device; provided that the person who is restricted to operating a vehicle equipped with the interlock device does not operate the vehicle. (c) Any person who violates this section shall be: (1) Fined not more than $1,000 or imprisoned not more than thirty days, or both, for any offense that does not occur within five years of two prior convictions for this offense; and (2) Fined not less than $500 but not more than $1,000 or imprisoned not more than one year, or both, if the person has two or more prior convictions for the offense in the preceding five-year period. [L 2010, c 166, pt of §2]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-.htmFetched: 11/10/2026