Continuous alcohol monitoring device; requirement; penalties
HRS §291E-6.5
in effect291E-6.5. Continuous alcohol monitoring device; requirement; penalties
(a) Any person charged with a violation of section 291E-61 or 291E-61.5 as a result of having consumed alcohol:
(1) Who is a repeat intoxicated driver; or
(2) While pending criminal investigation or
prosecution for one or more prior charges of violating section 291E-61 or
291E-61.5, as a result of having consumed alcohol,
may be ordered to refrain from consuming any alcohol
and submit to monitoring by a continuous alcohol monitoring device, for a
period of no less than ninety days. If, following the person's arrest, the
person is released on bail by the sheriff, deputy sheriff, chief of police, or
any person named by the chief of police, the person shall be scheduled for an
initial court appearance within five business days, or as soon thereafter as is
practicable.
(b) At the person's initial court appearance,
the person may be ordered to refrain from consuming any alcohol and to submit
to monitoring by a continuous alcohol monitoring device, for a period of no
less than ninety days, as conditions of release on bail. As further conditions
of release on bail, if a continuous alcohol monitoring device is ordered, the
person shall be ordered to refrain from removing, obstructing, or tampering
with the device during the applicable period. The applicable period may be extended
by the court at any time, beyond ninety days, but may not be shortened or
suspended. Once ordered, the person shall be fitted with a continuous alcohol
monitoring device within five business days of the person's initial court
appearance, or as soon thereafter as is practicable.
(c) If the device is removed upon being taken
into custody by the department of law enforcement, or for a verified medical
emergency, such removal shall not be considered a violation of conditions of
release on bail, and the applicable period shall be suspended. The person
shall be refitted with a continuous alcohol monitoring device at the earliest
possible opportunity, at which time the applicable period shall resume.
(d) The administrative director of the courts
shall establish and administer a statewide program relating to oversight of all
continuous alcohol monitoring devices ordered to be fitted pursuant to chapter
291E, and shall select a single vendor to fit, maintain and monitor them. All
costs associated with the device, including administrative and operating costs,
shall be paid by the person, except that the vendor shall provide partial
financial relief for any charges to persons who apply for such assistance and
who are recipients, at the time of arrest, of either food stamps under the
Supplemental Nutrition Assistance Program, or free services under the Older
Americans Act or Developmentally Disabled Assistance and Bill of Rights Act.
(e) If the person violates any of the
conditions of release on bail as specified in subsection (b), the person's bail
may be declared forfeited and bail reset in the same amount or higher, in
addition to any other penalties the court may impose.
(f) Nothing in this section shall prevent a
court from ordering a defendant to submit to monitoring by a continuous alcohol
monitoring device as a condition of release on bail, recognizance, supervised
release or sentencing, for violation of section 291E-61 or 291E-61.5 as a first
offense, or for violation of any other section, if otherwise permitted by law.
[L 2017, c 201, §1; am L 2022, c 278, §17]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0006_0005.htmFetched: 11/10/2026