KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Hawaii

HB1827 • 2026

RELATING TO USE OF INTOXICANTS WHILE OPERATING A VEHICLE.

RELATING TO USE OF INTOXICANTS WHILE OPERATING A VEHICLE.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
CHUN, AMATO, EVSLIN, GARRETT, HUSSEY, ILAGAN, KILA, KUSCH, MIYAKE, OLDS, SAYAMA
Last action
2026-01-26
Official status
Referred to TRN, JHA, referral sheet 1
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details about enforcement mechanisms, penalties, or potential exceptions to the new BAC limit.

Lowering Blood Alcohol Content for Driving Under Influence

This bill lowers the legal blood alcohol content limit from .08 to .05 grams per volume of breath or blood, making it illegal to drive with this lower amount of alcohol in your system.

What This Bill Does

  • Changes the definition of 'measurable amount of alcohol' to be less than .05 grams per volume of breath or blood.
  • Defines being under the influence as having .05 grams or more of alcohol per volume of breath or blood, which can impair driving ability.
  • Updates criminal prosecution rules to use a lower threshold (.05) for evidence in cases involving intoxicants while operating a vehicle.
  • Modifies administrative revocation procedures when someone's alcohol concentration is less than .05 grams but still requires reporting if it's above this new limit.
  • Amends the offense of driving under the influence (DUI) to include having .05 grams or more of alcohol per volume of breath or blood.

Who It Names or Affects

  • Drivers who are currently operating vehicles in Hawaii.
  • Law enforcement agencies responsible for enforcing DUI laws.
  • Courts and legal systems dealing with DUI cases.

Terms To Know

Blood Alcohol Content (BAC)
The amount of alcohol present in a person's blood, measured as grams per volume of breath or blood.
Under the Influence
A legal term indicating that someone is affected by alcohol or drugs to an extent that impairs their ability to drive safely.

Limits and Unknowns

  • The bill does not specify how it will be enforced or what penalties will apply.
  • It remains unclear if there are any exceptions for medical reasons or other circumstances.
  • The impact on public safety and the number of impaired driving incidents is uncertain.

Bill History

  1. 2026-01-26 H

    Referred to TRN, JHA, referral sheet 1

  2. 2026-01-23 H

    Introduced and Pass First Reading.

  3. 2026-01-22 H

    Pending introduction.

Official Summary Text

RELATING TO USE OF INTOXICANTS WHILE OPERATING A VEHICLE.
Use of Intoxicants While Operating a Vehicle; Blood Alcohol Content; Lower Threshold
Lowers the blood alcohol content threshold for driving while under the influence of alcohol from .08 to .05 or more grams of alcohol to reduce impaired driving and fatal crashes.

Current Bill Text

Read the full stored bill text 
HB1827

HOUSE OF REPRESENTATIVES

H.B. NO.

1827

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to 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
]
:

����
(1)
�
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
]

����
(2)
�
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 subsection (a) 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."

����
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.

����
SECTION 9.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Use of
Intoxicants While Operating a Vehicle; Blood Alcohol Content; Lower Threshold

Description:

Lowers
the blood alcohol content threshold for driving while under the influence of
alcohol from .08 to .05 or more grams of alcohol to reduce impaired driving and
fatal crashes.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.