RELATING TO USE OF INTOXICANTS WHILE OPERATING A VEHICLE.

SB1403

�
THE SENATE

S.B. NO.

1403

THIRTY-THIRD LEGISLATURE, 2025

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:

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

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1.
�

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

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""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."

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

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""Under the influence" means
that a person:

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(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;

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(2)
�
Is
under the influence of any drug that impairs the person's ability to operate
the vehicle in a careful and prudent manner;

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(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."

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

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"(a)
�

In any criminal prosecution for a violation of section 291E-61 or
291E-61.5 or in any proceeding under part III:

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(1)
�
[
.08
]

.05
or more grams of alcohol per one hundred milliliters or cubic
centimeters of the person's blood;

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(2)
�
[
.08
]

.05
or more grams of alcohol per two hundred ten liters of the person's
breath; or

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(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

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(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."

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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."

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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:

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(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;

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(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;

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(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;

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(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;

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(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;

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

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

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

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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:

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(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;

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(2)
�
While
under the influence of any drug that impairs the person's ability to operate
the vehicle in a careful and prudent manner;

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(3)
�
With
[
.08
]
.05
or more grams of alcohol per two hundred ten liters of
breath; or

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

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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:

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(1)
�
The
person is a habitual operator of a vehicle while under the influence of an
intoxicant; and

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(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."

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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.

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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.

INTRODUCED BY:

_____________________________

BY REQUEST

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 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.