RELATING TO THE USE OF INTOXICANTS WHILE OPERATING A VEHICLE.

HB1387

HOUSE OF REPRESENTATIVES

H.B. NO.

1387

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to the use of intoxicants while operating a vehicle
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION
1
.
�
Section 291E-1, Hawaii Revised Statutes, is
amended as follows:

����
1.
�
By amending the definition of
"measurable amount of alcohol" to read:

����
""Measurable
amount of alcohol" means a test result equal to or greater than .02 but
less than [
.08
]
.05
grams of alcohol per one hundred milliliters
or cubic centimeters of blood or equal to or greater than .02 but less than [
.08
]

.05
grams of alcohol per two hundred ten liters of breath."

����
2.
�
By amending the definition of "under the
influence" to read:

����
""Under
the influence" means that a person:

����
(1)
�
Is 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)
�
Is under the influence of any drug that
impairs the person's ability to operate the vehicle in a careful and prudent
manner;

����
(3)
�
Has [
.08
]
.05
or more grams of
alcohol per two hundred ten liters of the person's breath; or

����
(4)
�
Has [
.08
]
.05
or more grams of
alcohol per one hundred milliliters or cubic centimeters of the person's blood."

����
SECTION
2
.
�
Section 291E-3, Hawaii Revised Statutes, is
amended by amending subsections (a) and (b) to read as follows:

����
"(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
]
.05

or more grams of alcohol per one hundred milliliters or cubic centimeters of
the person's blood;

����
(2)
�
[
.08
]
.05

or more grams of alcohol per two hundred ten liters of the person's breath; or

����
(3)
�
The presence of
one or more drugs in an amount sufficient to impair the person's ability to
operate a vehicle in a careful and prudent manner,

within three hours after the time of the alleged
violation as shown by chemical analysis or other approved analytical techniques
of the person's blood, breath, or urine shall be competent evidence that the
person was under the influence of an intoxicant at the time of the alleged
violation.

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(b)
�

In any criminal prosecution for a violation of section 291E-61 or
291E-61.5, the amount of alcohol found in the defendant's blood or breath
within three hours 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 concerning whether the defendant was under
the influence of an intoxicant at the time of the alleged violation and shall
give rise to the following presumptions:

����
(1)
�
If there were [
.05
]

.02
or less grams of alcohol per one hundred milliliters or cubic
centimeters of defendant's blood or [
.05
]
.02
or less grams of
alcohol per two hundred ten liters of defendant's breath, it shall be presumed
that the defendant was not under the influence of alcohol at the time of the
alleged violation; and

����
(2)
�
If there were in
excess of [
.05
]
.02
grams of alcohol per one hundred milliliters
or cubic centimeters of defendant's blood or [
.05
]
.02
grams of
alcohol per two hundred ten liters of defendant's breath, but less than [
.08
]

.05
grams of alcohol per one hundred milliliters or cubic centimeters of
defendant's blood or [
.08
]
.05
grams of alcohol per two hundred
ten liters of defendant's breath, that fact may be considered with other
competent evidence in determining whether the defendant was under the influence
of alcohol at the time of the alleged violation, but shall not of itself give
rise to any presumption."

����
SECTION
3
.
�
Section 291E-35, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"(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,
]
.05,
the director or the arresting
law enforcement agency immediately shall return the respondent's license along
with a certified statement that administrative revocation proceedings have been
terminated with prejudice."

����
SECTION
4
.
�
Section 291E-36, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"(a)
�
Whenever a respondent has been arrested for a
violation of section 291E-61 or 291E-61.5 and submits to a test that
establishes:
�
the respondent's alcohol
concentration was [
.08
]
.05
or more; the presence, in the
respondent's blood or urine, of any drug that is capable of impairing the
respondent's ability to operate a vehicle in a careful and prudent manner; or
whenever a respondent has been involved in a collision resulting in injury or
death and a blood or urine test performed pursuant to section 291E-21
establishes that the respondent's alcohol concentration was [
.08
]
.05

or more or establishes the presence in the respondent's blood or urine of any
drug that is capable of impairing the respondent's ability to operate a vehicle
in a careful and prudent manner, the following shall be forwarded immediately
to the director:

����
(1)
�
A copy of the
arrest report or the report of the law enforcement officer who issued the
notice of administrative revocation to the person involved in a collision
resulting in injury or death and the sworn statement of the arresting law
enforcement officer or the officer who issued the notice of administrative
revocation, stating facts that establish that:

���������
(A)
�
There was
reasonable suspicion to stop the vehicle, the vehicle was stopped at an
intoxicant control roadblock established and operated in compliance with
sections 291E-19 and 291E-20, or the respondent was tested pursuant to section
291E-21;

���������
(B)
�
There was probable
cause to believe that the respondent had been operating the vehicle while under
the influence of an intoxicant; and

���������
(C)
�
The respondent
agreed to be tested or the person was tested pursuant to section 291E-21;

����
(2)
�
In a case
involving an alcohol related offense, the sworn statement of the person
responsible for maintenance of the testing equipment, stating facts that
establish that, pursuant to section 321-161 and rules adopted thereunder:

���������
(A)
�
The equipment used
to conduct the test was approved for use as an alcohol testing device in this
State;

���������
(B)
�
The person had
been trained and at the time the test was conducted was certified and capable
of maintaining the testing equipment; and

���������
(C)
�
The testing
equipment used had been properly maintained and was in good working condition
when the test was conducted;

����
(3)
�
In a case
involving an alcohol related offense, the sworn statement of the person who
conducted the test, stating facts that establish that, pursuant to section
321-161 and rules adopted thereunder:

���������
(A)
�
The person was
trained and at the time the test was conducted was certified and capable of
operating the testing equipment;

���������
(B)
�
The person
followed the procedures established for conducting the test;

���������
(C)
�
The equipment used
to conduct the test functioned in accordance with operating procedures and
indicated that the respondent's alcohol concentration was at, or above, the
prohibited level; and

���������
(D)
�
The person whose
breath or blood was tested is the respondent;

����
(4)
�
In a case
involving a drug related offense, the sworn statement of the person responsible
for maintenance of the testing equipment, stating facts that establish that,
pursuant to section 321-161 and rules adopted thereunder:

���������
(A)
�
The equipment used
to conduct the test was approved for use in drug testing;

���������
(B)
�
The person
conducting the test had been trained and, at the time of the test, was
certified and capable of maintaining the testing equipment; and

���������
(C)
�
The testing
equipment used had been properly maintained and was in good working condition
when the test was conducted;

����
(5)
�
In a case
involving a drug related offense, the sworn statement of the person who
conducted the test, stating facts that establish that, pursuant to section
321-161 and rules adopted thereunder:

���������
(A)
�
At the time the
test was conducted, the person was trained and capable of operating the testing
equipment;

���������
(B)
�
The person
followed the procedures established for conducting the test;

���������
(C)
�
The equipment used
to conduct the test functioned in accordance with operating procedures and
indicated the presence of one or more drugs or their metabolites in the
respondent's blood or urine; and

���������
(D)
�
The person whose
blood or urine was tested is the respondent;

����
(6)
�
A copy of the
notice of administrative revocation issued by the law enforcement officer to
the respondent;

����
(7)
�
Any license taken
into possession by the law enforcement officer; and

����
(8)
�
A listing of any
prior alcohol or drug enforcement contacts involving the respondent."

����
SECTION
5
.
�
Section 291E-61, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"
(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
]
.05
or more grams of
alcohol per two hundred ten liters of breath; or

����
(4)
�
With [
.08
]
.05
or more grams of
alcohol per one hundred milliliters or cubic centimeters of blood."

����
SECTION
6
.
�
Section 291E-61.5, Hawaii Revised Statutes,
is amended by amending subsection (a) to read as follows:

����
"(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
]
.05
or more grams of
alcohol per two hundred ten liters of breath; or

���������
(D)
�
With [
.08
]
.05
or more grams of
alcohol per one hundred milliliters or cubic centimeters of blood."

����
SECTION
7.
�
This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

����
SECTION
8.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 9.
�
This Act shall take effect upon its approval;
provided that the amendments made to sections 291E-61(a) and 291E-61.5(a),
Hawaii Revised Statutes, by sections 5 and 6, respectively, of this Act shall
not be repealed when those sections are reenacted on June 30, 2028, pursuant to
section 11 of Act 196, Session Laws of Hawaii 2021, as amended by section 8 of
Act 148, Session Laws of Hawaii 2023.

INTRODUCED BY:

_____________________________

Report Title:

Drug and
Alcohol Toxicology Testing; Blood Alcohol Content; Lower Threshold

Description:

Lowers the
blood alcohol content threshold for driving while under the influence of an
intoxicant.

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not legislation or evidence of legislative intent.