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SB2392
THE SENATE
S.B. NO.
2392
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to traffic safety
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that studies indicate
that many traffic collisions and fatalities involve "highly
intoxicated" impaired drivers.
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For
nearly a decade, traffic safety advocates across the State have collaborated to
promote traffic safety legislation to deter impaired driving, strive for
accountability in the criminal justice system, and save lives.
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Furthermore, alcohol abuse trends demonstrate
a need to take appropriate action to promote public health and protect public
safety.
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Under existing law,
enhancements exist for individuals convicted of the offense of operating a
vehicle under the influence of an intoxicant deemed to be a highly intoxicated
driver.
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However, these enhancements are
limited to additional fines, minimal jail time, and an additional driver's
license revocation period, while the offense itself remains a petty
misdemeanor.
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These enhancements are not
sufficient to address the concerns and deter this hazardous conduct.
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In addition to the possibility of a prison term,
if the facts and circumstances so warrant, a class C felony sanction will
provide court supervision authorities with an appropriate period to assess,
monitor, and rehabilitate highly intoxicated drivers and properly address any
potential alcohol abuse or dependence needs through appropriate treatment.
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The purpose of this Act is to
enhance public safety by upgrading the offense of operating a vehicle under the
influence of an intoxicant while a highly intoxicated driver to a class C
felony and specifying additional probation requirements.
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SECTION
2
.
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Section
291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read
as follows:
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"(b)
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A person committing the offense of operating
a vehicle under the influence of an intoxicant shall be sentenced without
possibility of probation or suspension of sentence as follows:
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(1)
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Except as provided
in paragraph (4), for the first offense, or any offense not preceded within a
ten-year period by a conviction for an offense under this section or section
291E-4(a):
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(A)
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A fourteen-hour
minimum substance abuse rehabilitation program, including education and
counseling, or other comparable programs deemed appropriate by the court;
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(B)
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Revocation of
license to operate a vehicle for no less than one year and no more than
eighteen months;
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(C)
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Installation
during the revocation period of an ignition interlock device on all vehicles
operated by the person;
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(D)
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Any
one or more of the following:
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(i)
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Seventy-two hours
of community service work;
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(ii)
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No less than
forty-eight hours and no more than five days of imprisonment; or
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(iii)
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A fine of no less
than $250 and no more than $1,000;
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(E)
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A
surcharge of $25 to be deposited into the neurotrauma special fund; and
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(F)
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A
surcharge, if the court so orders, [
or
]
of
up to $25 to be
deposited into the trauma system special fund;
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(2)
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For an offense
that occurs within ten years of a prior conviction for an offense under this
section:
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(A)
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A substance abuse
program of at least thirty-six hours, including education and counseling, or
other comparable programs deemed appropriate by the court;
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(B)
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Revocation
of license to operate a vehicle for no less than two years and no more than
three years;
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(C)
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Installation
during the revocation period of an ignition interlock device on all vehicles
operated by the person;
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(D)
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Either
one of the following:
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(i)
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No less than two
hundred forty hours of community service work; or
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(ii)
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No less than five
days and no more than thirty days of imprisonment, of which at least
forty-eight hours shall be served consecutively;
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(E)
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A
fine of no less than $1,000 and no more than $3,000, to be deposited into the
drug and alcohol toxicology testing laboratory special fund;
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(F)
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A
surcharge of $25 to be deposited into the neurotrauma special fund; and
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(G)
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A
surcharge of up to $50, if the court so orders, to be deposited into the trauma
system special fund;
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(3)
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In addition to a
sentence imposed under paragraphs (1) and (2), any person eighteen years of age
or older who is convicted under this section and who operated a vehicle with a
passenger, in or on the vehicle, who was younger than fifteen years of age, shall
be sentenced to an additional mandatory fine of $500 and an additional
mandatory term of imprisonment of forty-eight hours; provided that the total
term of imprisonment for a person convicted under this paragraph shall not
exceed the maximum term of imprisonment provided in paragraph (1) or (2), as
applicable.
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Notwithstanding paragraphs
(1) and (2), the revocation period for a person sentenced under this paragraph
shall be no less than two years;
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(4)
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In addition to a
sentence imposed under paragraph (1), [
for a first offense under this
section, or an offense not preceded within a ten-year period by a conviction
for an offense,
] any person who is convicted under this section and was a
highly intoxicated driver at the time of the subject incident shall be
guilty
of a class C felony and the sentence shall be either:
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(A)
�
A
term of imprisonment of five years; or
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(B)
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A
term of probation of four years, with the following conditions:
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(i)
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[
sentenced
to an additional mandatory term
]
No less than ten days
of
imprisonment [
for
]
, including at least
forty-eight consecutive
hours
;
[
and an
]
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(ii)
An
additional mandatory revocation period of [
six months; provided that the
total term of imprisonment for a person convicted under this paragraph shall
not exceed the maximum term of imprisonment provided in paragraph (1).
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Notwithstanding paragraph (1), the revocation
period for a person sentenced under this paragraph shall be no less than
eighteen months;
]
no less than two years and no more than three years;
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(iii)
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A
fine of no less than $2,000 and no more than $5,000, to be deposited into the
drug and alcohol toxicology testing laboratory special fund;
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(iv)
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Referral
to a certified substance abuse counselor as provided in subsection (h); and
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(v)
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A
surcharge of up to $50, if the court so orders, to be deposited into the trauma
system special fund;
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(5)
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[
In addition to
a sentence under paragraph (2), for an offense that occurs within ten years of
a prior conviction for an offense under this section, any person who is
convicted under this section and was a highly intoxicated driver at the time of
the subject incident shall be sentenced to an additional mandatory term of
imprisonment of ten consecutive days and an additional mandatory revocation
period of one year; provided that the total term of imprisonment for a person
convicted under this paragraph shall not exceed the maximum term of
imprisonment provided in paragraph (2), as applicable.
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Notwithstanding paragraph (2), the revocation
period for a person sentenced under this paragraph shall be no less than three
years;
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(6)
]
A person sentenced
pursuant to paragraph (1)(B) may file a motion for early termination of the
applicable revocation period if the person:
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(A)
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Was not sentenced
to any additional mandatory revocation period pursuant to paragraph (3) or (4);
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(B)
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Actually installed
and maintained an ignition interlock device on all vehicles operated by the
person for a continuous period of six months, after which the person maintained
the ignition interlock device on all vehicles operated by the person for a continuous
period of three months without violation;
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(C)
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Includes with the person's motion for early termination a
certified court abstract establishing that the person was not sentenced to any
additional mandatory revocation period
pursuant to paragraph (3) or (4);
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(D)
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Includes with the
person's motion for early termination
a certified
statement from the director of transportation establishing that:
��������������
(i)
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The person installed and maintained an
ignition interlock device on all vehicles operated by the person for a
continuous period of six months; and
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(ii)
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After the six-month period, the person
maintained the ignition interlock device on all vehicles operated by the person
for a continuous period of three months without violation
; and
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(E)
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Has complied with
all other sentencing requirements.
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Nothing in this paragraph shall
require a court to grant early termination of the revocation period if the
court finds that continued use of the ignition interlock device will further
the person's rehabilitation or compliance with this section;
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(7)
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If
the person demonstrates to the court that the person:
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(A)
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Does not own or
have the use of a vehicle in which the person can install an ignition interlock
device during the revocation period; or
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(B)
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Is otherwise
unable to drive during the revocation period,
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the person shall be prohibited
from driving during the period of applicable revocation provided in paragraphs
(1) to [
(5);
]
(4);
provided that the person shall be sentenced to
the maximum license revocation period, the court shall not issue an ignition
interlock permit pursuant to subsection (i), and the person shall be subject to
the penalties provided by section 291E-62 if the person drives during the
applicable revocation period; and
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(8)
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For purposes of
this subsection, "violation" means:
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(A)
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Providing a sample
of .04 or more grams of alcohol per two hundred ten liters of breath when
starting the vehicle, unless a subsequent test performed within ten minutes
registers a breath alcohol concentration lower than .02 and the digital image
confirmed the same person provided both samples;
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(B)
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Providing a sample
of .04 or more grams of alcohol per two hundred ten liters of breath on a
rolling retest, unless a subsequent test performed within ten minutes registers
a breath alcohol concentration lower than .02 and the digital image confirms
the same person provided both samples;
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(C)
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Failing to provide
a rolling retest, unless an acceptable test is performed within ten minutes;
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(D)
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Violating section
291E-66; or
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(E)
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Failing to provide
a clear photo of the person when the person blows into the ignition interlock
device."
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SECTION 3.
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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
4.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval;
provided that the amendments made to section 291E-61, Hawaii Revised Statutes,
by section 2 of this Act shall not be repealed when that section is reenacted
on June 30, 2028, pursuant to Act 196, Session Laws of Hawaii 2021, as amended
by Act 148, Session Laws of Hawaii 2023.
INTRODUCED BY:
_____________________________
Report Title:
Traffic Code;
Operating a Vehicle Under the Influence of an Intoxicant; Highly Intoxicated
Driver
Description:
Specifies
that operating a vehicle under the influence of an intoxicant while a highly
intoxicated driver is a class C felony and outlines additional requirements for
probation.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.