Hawaii · statute · Haw. Rev. Stat. ch. 291E · 50 active provisions
As used in this chapter, unless the context otherwise requires: "Administrative revocation" means termination of the respondent's license, and the privilege to operate a vessel underway on or in the waters of the State pursuant to part III, but does not include any revocation imposed under section 291E-61 or 291E-61.5.…
The several county and state government physicians shall, or any other qualified person may, make whatever tests and analyses as may be requested of them by any law enforcement officer in connection with the determination of whether a person is or was under the influence of an intoxicant or has consumed a measurable am…
(a) In any criminal prosecution for a violation of section 291E-61 or 291E-61.5 or in any proceeding under part III: (1) .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood; (2) .08 or more grams of alcohol per two hundred ten liters of the person's breath; or (3) The pre…
(a) Any: (1) Conviction for an offense under section 200-81, 291-4, 291-4.4, or 291-7 as those sections were in effect on December 31, 2001; (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…
The director of transportation shall contract with the selected ignition interlock vendor to provide partial financial relief for the installation and the periodic calibration charges to offenders who apply for such assistance and who are recipients, at the time of license revocation or suspension, of either food stamp…
(a) The director of transportation shall establish and administer a statewide program relating to certification and monitoring of ignition interlock devices installed pursuant to chapter 291E and shall select a single vendor to install and maintain them. (b) The program shall include standards and procedures for the ce…
(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 alcoh…
(a) In addition to any other civil penalties ordered by the court, a person who violates any offense under this part may be ordered to pay a trauma system surcharge, provided that: (1) The maximum of which may be $10 if the violator is not already required to pay a trauma system surcharge pursuant to the violation of t…
(a) There is established in the state treasury a drug and alcohol toxicology testing laboratory special fund, into which shall be deposited: (1) All fines collected pursuant to sections 291E-61(b)(2)(E), 291E-61.5(c)(2)(C), and 291E-62(c); (2) Moneys appropriated by the legislature to the fund; (3) Other grants and gif…
(a) Any person who operates a vehicle upon a public way, street, road, or highway or on or in the waters of the State shall be deemed to have given consent, subject to this part, to a test or tests approved by the director of health of the person's breath, blood, or urine for the purpose of determining alcohol concentr…
No person, other than a physician, physician assistant, registered nurse, or phlebotomist deemed qualified by the director of a clinical laboratory that is licensed by the State, or person licensed in a clinical laboratory occupation under section 321-13, may withdraw blood for the purpose of determining the alcohol co…
The person tested may choose any physician, physician assistant, registered nurse, or person licensed in a clinical laboratory occupation under section 321-13 to withdraw blood and also may choose any qualified person to administer a test or tests in addition to any administered at the direction of a law enforcement of…
The consent of a person deemed to have given the person's consent pursuant to section 291E-11 shall not be withdrawn by reason of the person's being dead, unconscious, or in any other condition that renders the person incapable of consenting to examination, and the test may be given. In such event, a test of the person…
If a person under arrest refuses to submit to a breath, blood, or urine test, none shall be given, except as provided in section 291E-21, or pursuant to a search warrant issued by a judge upon a finding of probable cause supported by oath or affirmation, or pursuant to any other basis permissible under the Constitution…
This part shall not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of an intoxicant or was operating a vehicle while under the age of twenty-one and after consuming a measurable amount of alcohol.
The results of any test for intoxicants made upon any person, including any person who has been fatally injured in a traffic collision or the operator of a vehicle involved in a collision that resulted in another person's death, shall be sent to the state director of transportation, who shall compile the data without r…
The police departments of the respective counties may establish and implement intoxicant control roadblock programs in accordance with the minimum standards and guidelines provided in section 291E-20. The chief of police in any county establishing an intoxicant control roadblock program pursuant to this section shall s…
(a) Every intoxicant control roadblock program shall: (1) Require that all vehicles approaching roadblocks be stopped or that certain vehicles be stopped by selecting vehicles in a specified numerical sequence or pattern; (2) Require that roadblocks be located at fixed locations for a maximum three-hour period; (3) Pro…
(a) Nothing in this part shall be construed to prevent a law enforcement officer from obtaining a sample of breath, blood, or urine, from the operator of any vehicle involved in a collision resulting in injury to or the death of any person, as evidence that the operator was under the influence of an intoxicant. (b) If…
Any results reflecting the presence of drugs or metabolic products obtained from a blood or urine specimen obtained under this part shall not be admissible in any proceeding brought under chapter 329 or 712.
As used in this part, the notice of administrative revocation: (1) Establishes that the respondent's license and privilege to operate a vehicle in the State or on or in the waters of the State shall be terminated: (A) Thirty days after the date the notice of administrative revocation is issued in the case of an alcohol…
(a) Criminal prosecution under section 291E-61 or 291E-61.5 may be commenced concurrently with administrative revocation proceedings under this part; provided that documentary and testimonial evidence provided by the respondent during the administrative proceeding shall not be admissible against the respondent in any p…
(a) Whenever a person is arrested for a violation of section 291E-61 or 291E-61.5 on a determination by the arresting law enforcement officer that: (1) There was reasonable suspicion to stop the vehicle or the vehicle was stopped at an intoxicant control roadblock established and operated in compliance with sections 29…
(a) The notice of administrative revocation shall provide, at a minimum and in clear language, the following general information relating to administrative revocation: (1) The statutory authority for administrative revocation; (2) An explanation of the distinction between administrative revocation and a suspension or r…
(a) In cases involving an alcohol related offense, if a test conducted in accordance with part II and section 321‑161 and the rules adopted thereunder shows that a respondent had an alcohol concentration less than .08, the director or the arresting law enforcement agency immediately shall return the respondent's licens…