Bill Text: HI HB1999 | 2020 | Regular Session | Introduced
Bill Title: Relating To Operating A Vehicle Under The Influence Of An Intoxicant.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2020-01-23 - Referred to TRN, JUD, FIN, referral sheet 4 [HB1999 Detail]
Download: Hawaii-2020-HB1999-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1999 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to operating a vehicle under the influence of an intoxicant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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;]
With a measurable amount of alcohol in the person's breath or blood; provided
that a law enforcement officer may arrest a person under this section when the
officer has probable cause to believe that the arrested person had been
operating a vehicle upon a public way, street, road, or highway, or on or in
the waters of the State, with a measurable amount of alcohol in the person's breath
or blood; or
(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 or
more grams of alcohol per two hundred ten liters of breath; or
(4) With .08 or
more grams of alcohol per one hundred milliliters or cubic centimeters of blood]."
SECTION 2. 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;]
With a measurable amount of alcohol in the person's breath or blood; provided
that a law enforcement officer may arrest a person under this section when the
officer has probable cause to believe that the arrested person had been
operating a vehicle upon a public way, street, road, or highway, or on or in the
waters of the State, with a measurable amount of alcohol in the person's breath
or blood; or
(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 or more grams of alcohol per two hundred ten liters of breath; or
(D) With
.08 or more grams of alcohol per one hundred milliliters or cubic centimeters
of blood]."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
OVUII; Zero Tolerance; Any Measurable Amount of Alcohol
Description:
Changes the standard for the offenses of operating a vehicle under the influence of an intoxicant and habitually operating a vehicle under the influence of an intoxicant from .08 grams of alcohol per 210 liters of breath or 100 milliliters or cubic centimeters of blood to any measurable amount of alcohol in the person's breath or blood. Allows law enforcement officers to arrest a person if there is probable cause to believe that the person was operating a vehicle with a measurable amount of alcohol in the person's breath or blood.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
