SB2463 • 2026

RELATING TO THE USE OF INTOXICANTS WHILE OPERATING A VEHICLE.

Active

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

Sponsor: RHOADS, CHANG, ELEFANTE, KEOHOKALOLE
Last action: 2026-03-30
Official status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4).
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

RELATING TO THE USE OF INTOXICANTS WHILE OPERATING A VEHICLE.

What This Bill Does

RELATING TO THE USE OF INTOXICANTS WHILE OPERATING A VEHICLE.
Drug and Alcohol Toxicology Testing; Blood Alcohol Content; Lower Threshold Lowers the blood alcohol content threshold for driving while under the influence of an intoxicant.
Effective 7/1/3000.
(HD1)

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: SB2463 HD1 THE SENATE S.B.

SB2463 HD1 THE SENATE S.B.
NO.
2463 THIRTY-THIRD LEGISLATURE, 2026 S.D.
1 STATE OF HAWAII H.D.

SD1

Hawaii published version SD1

Plain English: SB2463 SD1 THE SENATE S.B.

SB2463 SD1 THE SENATE S.B.
NO.
2463 THIRTY-THIRD LEGISLATURE, 2026 S.D.
1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE USE OF INTOXICANTS WHILE OPERATING A VEHICLE .

Bill History

2026-03-30 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4).
2026-03-30 H
Reported from TRN (Stand. Com. Rep. No. 1474-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2026-03-24 H
The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Kila, Miyake, Evslin, Grandinetti, Kitagawa, La Chica, Cochran, Muraoka, Pierick; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.
2026-03-19 H
Bill scheduled to be heard by TRN on Tuesday, 03-24-26 9:00AM in House conference room 430 VIA VIDEOCONFERENCE.
2026-03-12 H
Referred to TRN, JHA, referral sheet 17
2026-03-12 H
Pass First Reading
2026-03-10 H
Received from Senate (Sen. Com. No. 245) in amended form (SD 1).
2026-03-10 S
Report Adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: Senator(s) Kim, San Buenaventura. Noes, 0 (none). Excused, 0 (none). Transmitted to House.
2026-03-06 S
One Day Notice 03-10-26.
2026-03-06 S
Reported from JDC (Stand. Com. Rep. No. 3049) with recommendation of passage on Third Reading.
2026-02-27 S
The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, Awa; Aye(s) with reservations: Senator(s) San Buenaventura ; 0 No(es): none; and 0 Excused: none.
2026-02-23 S
The committee(s) on JDC will hold a public decision making on 02-27-26 10:30AM; Conference Room 016 & Videoconference.
2026-02-10 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
2026-02-10 S
Reported from TRS (Stand. Com. Rep. No. 2136) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
2026-02-03 S
The committee(s) on TRS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in TRS were as follows: 4 Aye(s): Senator(s) Inouye, Elefante, Lee, C., DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Kanuha.
2026-01-28 S
The committee(s) on TRS has scheduled a public hearing on 02-03-26 3:00PM; Conference Room 229 & Videoconference.
2026-01-28 S
Referred to TRS, JDC.
2026-01-22 S
Passed First Reading.
2026-01-22 S
Introduced.

Official Summary Text

RELATING TO THE USE OF INTOXICANTS WHILE OPERATING A VEHICLE.
Drug and Alcohol Toxicology Testing; Blood Alcohol Content; Lower Threshold
Lowers the blood alcohol content threshold for driving while under the influence of an intoxicant. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

SB2463

THE SENATE

S.B. NO.

2463

THIRTY-THIRD LEGISLATURE, 2026

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.

����
(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.

����
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.

The summary description
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not legislation or evidence of legislative intent.