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Hawaii DUI Laws and Drunk Driving Information
Section
291E-1 Definitions
291E-2 Medical services
291E-3 Evidence of intoxication
291E-4 Convictions and acts prior to January 1, 2002
Part II. Testing and Implied Consent
291E-11 Implied consent of operator of vehicle to submit to
testing to determine alcohol concentration and drug content
291E-12 Persons qualified to take blood specimen
291E-13 Additional tests
291E-14 Consent of person incapable of refusal not withdrawn
291E-15 Refusal to submit to breath, blood, or urine test;
subject to administrative revocation proceedings
291E-16 Proof of refusal; admissibility
291E-17 Other evidence not excluded
291E-18 Test results to be collected
291E-19 Authorization to establish intoxicant control roadblock
programs
291E-20 Minimum standards for roadblock procedures
291E-21 Applicable scope of part; mandatory testing in the
event of a collision resulting in injury or death
291E-22 Presence of drugs or metabolic products; admissibility
291E-31 Notice of administrative revocation; effect
291E-32 Criminal prosecution
291E-33 Probable cause determination; issuance of notice of
administrative revocation; procedures
291E-34 Notice of administrative revocation; contents
291E-35 Immediate restoration of license and motor vehicle
registration
291E-36 Documents required to be submitted for administrative
review; sworn statements
291E-37 Administrative review; procedures; decision
291E-38 Administrative hearing; procedure; decision
291E-39 Fees and costs
291E-40 Judicial review; procedure
291E-41 Effective date and period of administrative revocation;
criteria
291E-42 Notice to other states
291E-43 Administrative procedure act
291E-44 Conditional license permits
291E-45 Eligibility for relicensing and reregistration
of motor vehicle
291E-46 Computation of time
291E-47 Failure to surrender number plates
291E-48 Special motor vehicle registration
291E-49 Transferring title to, or ownership interest in,
vehicle prohibited; exceptions
291E-50 Notice to the department of land and natural resources
of suspensions and revocations of operating privileges
Part IV. Prohibited Conduct
291E-61 Operating a vehicle under the influence of an
intoxicant
291E-61.5 Habitually operating a vehicle under the influence of
an intoxicant
291E-62 Operating a vehicle after license and privilege have
been suspended or revoked for operating a vehicle under
the influence of an intoxicant; penalties
291E-63 Records of suspensions and revocations of operating
privileges to be maintained
291E-64 Operating a vehicle after consuming a measurable amount
of alcohol; persons under the age of twenty-one
291E-65 Refusal to submit to testing for measurable amount of
alcohol; district court hearing; sanctions; appeals;
admissibility
§291E-3 Evidence of intoxication.
(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 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood;
(2) .08 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 or less grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .05 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 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .05 grams of alcohol per two hundred ten liters of defendant's breath, but less than .08 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .08 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.
(c) Nothing in this section shall be construed as limiting the introduction, in any criminal proceeding for a violation under section 291E-61 or 291E-61.5 or in any proceeding under part III, of relevant evidence of a person's alcohol concentration or drug content obtained more than three hours after an alleged violation; provided that the evidence is offered in compliance with the Hawaii rules of evidence. [L 2000, c 189, pt of §23; am L 2004, c 90, §3]
Case Notes
Decisions under prior law (§291-5).
Section allowed prosecution to introduce as evidence the intoxilyzer test result to prosecute a defendant for §291-4(a)(1) violation when charge of §291-4(a)(2) violation has been dismissed. 77 H. 94, 881 P.2d 1240. Where conviction is based solely on a chemical test, the results of the test when taken together with its tolerance for error must equal or exceed the statutory level. 1 H. App. 44, 613 P.2d 916.
Intoxilyzer test result inadmissible where officer administering test had less than required training and had not been issued appropriate permit. 5 H. App. 575, 704 P.2d 927.
Extrapolation of blood alcohol test result back to time of driving not required. 7 H. App. 532, 782 P.2d 891.
Expert and Opinion Testimony of Law Enforcement Officers Regarding Identification of Drug Impaired Drivers. 23 UH L. Rev. 151.
§291E-11
(a) Any person who operates a vehicle upon a public way, street, road, or highway or on or in the waters of the State shall be deemed to have given consent, subject to this part, to a test or tests approved by the director of health of the person's breath, blood, or urine for the purpose of determining alcohol concentration or drug content of the person's breath, blood, or urine, as applicable.
(b) The test or tests shall be administered at the request of a law enforcement officer having probable cause to believe the person operating a vehicle upon a public way, street, road, or highway or on or in the waters of the State is under the influence of an intoxicant or is under the age of twenty-one and has consumed a measurable amount of alcohol, only after:
(1) A lawful arrest; and
(2) The person has been informed by a law enforcement officer of the sanctions under section 291E-41 or 291E-65, as applicable to the offense.
(c) If there is probable cause to believe that a person is in violation of section 291E-64, as a result of being under the age of twenty-one and having consumed a measurable amount of alcohol, or section 291E-61 or 291E-61.5, as a result of having consumed alcohol, then the person shall elect to take a breath or blood test, or both, for the purpose of determining the alcohol concentration.
(d) If there is probable cause to believe that a person is in violation of section 291E-61 or 291E-61.5, as a result of having consumed any drug, then the person shall elect to take a blood or urine test, or both, for the purpose of determining the drug content. Drug content shall be measured by the presence of any drug or its metabolic products, or both.
(e) A person who chooses to submit to a breath test under subsection (c) also may be requested to submit to a blood or urine test, if the law enforcement officer has probable cause to believe that the person was operating a vehicle while under the influence of any drug under section 291E-61 or 291E-61.5 and the officer has probable cause to believe that a blood or urine test will reveal evidence of the person being under the influence of any drug. The law enforcement officer shall state in the officer's report the facts upon which that belief is based. The person shall elect to take a blood or urine test, or both, for the purpose of determining the person's drug content. Results of a blood or urine test conducted to determine drug content also shall be admissible for the purpose of determining the person's alcohol concentration. Submission to testing for drugs under subsection (d) or this subsection shall not be a substitute for alcohol tests requested under subsection (c).
(f) The use of a preliminary alcohol screening device by a law enforcement officer shall not replace a breath, blood, or urine test required under this section. The analysis from the use of a preliminary alcohol screening device shall only be used in determining probable cause for the arrest.
(g) Any person tested pursuant to this section who is convicted or has the person's license or privilege suspended or revoked pursuant to this chapter may be ordered to reimburse the county for the cost of any blood or urine tests, or both, conducted pursuant to this section. If reimbursement is so ordered, the court or the director, as applicable, shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test, or both. [L 2000, c 189, pt of §23; am L 2001, c 157, §11; am L 2002, c 113, §1; am L 2004, c 90, §5]
Case Notes
Decisions under prior law (§286-151).
Section 286-163 operates as an exception to this section, which generally requires the police lawfully to arrest the driver prior to administering a blood test. 98 H. 221, 47 P.3d 336.
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If you have been charged with a Hawaii DUI there are two things that
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1) Take the charge seriously.
A conviction for a Hawaii DUI will have long lasting consequences. A
criminal record can affect your employment, your future and your
personal freedom.
2) Hire an experienced Hawaii DUI Lawyer.
Understanding the Hawaii DUI laws and courtroom proceedings can be a
challenge. Hiring a qualified Hawaii DUI Lawyer from DUILaws.com who
focuses on DUI defense can make a difference in the outcome of your
case.
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Hawaii DUI Laws and Drunk Driving Information
In a Hawaii DUI can also be knows as an OVUII, or Operating a Vehicle Under the Influence of an Intoxicant. In order to be legally intoxicated in Hawaii you must have a blood alcohol content of .08 or higher.
However, this does not mean that if your BAC is below that level
that you still can not be arrested for a DUI. Like many other
states, if you are arrested for DUI in Hawaii you will face two
separate cases. The first being a criminal case dealing with the act of
Driving Under the Influence and the second being a case through the
Hawaii Administrative Driver's License Revocation Office to have
your drivers license suspended or revoked.
The Hawaii DUI criminal case will be prosecuted in Hawaii district court, while your license revocation case is done solely through the Hawaii Drivers License Revocation Office. Hawaii is part of the Interstate Drivers License compact. This means is that regardless of whether or not you live in Hawaii, your case and it’s outcome, good or bad, will be reported to your resident state. If your license is suspended in Hawaii, then it will also be suspended once you return to the state you reside in.
Hawaii DUI Laws
CHAPTER 291E
USE OF INTOXICANTS WHILE
OPERATING A VEHICLE
Section
291E-1 Definitions
291E-2 Medical services
291E-3 Evidence of intoxication
291E-4 Convictions and acts prior to January 1, 2002
Part II. Testing and Implied Consent
291E-11 Implied consent of operator of vehicle to submit to
testing to determine alcohol concentration and drug content
291E-12 Persons qualified to take blood specimen
291E-13 Additional tests
291E-14 Consent of person incapable of refusal not withdrawn
291E-15 Refusal to submit to breath, blood, or urine test;
subject to administrative revocation proceedings
291E-16 Proof of refusal; admissibility
291E-17 Other evidence not excluded
291E-18 Test results to be collected
291E-19 Authorization to establish intoxicant control roadblock
programs
291E-20 Minimum standards for roadblock procedures
291E-21 Applicable scope of part; mandatory testing in the
event of a collision resulting in injury or death
291E-22 Presence of drugs or metabolic products; admissibility
Part
III. Administrative Revocation Process
291E-31 Notice of administrative revocation; effect
291E-32 Criminal prosecution
291E-33 Probable cause determination; issuance of notice of
administrative revocation; procedures
291E-34 Notice of administrative revocation; contents
291E-35 Immediate restoration of license and motor vehicle
registration
291E-36 Documents required to be submitted for administrative
review; sworn statements
291E-37 Administrative review; procedures; decision
291E-38 Administrative hearing; procedure; decision
291E-39 Fees and costs
291E-40 Judicial review; procedure
291E-41 Effective date and period of administrative revocation;
criteria
291E-42 Notice to other states
291E-43 Administrative procedure act
291E-44 Conditional license permits
291E-45 Eligibility for relicensing and reregistration
of motor vehicle
291E-46 Computation of time
291E-47 Failure to surrender number plates
291E-48 Special motor vehicle registration
291E-49 Transferring title to, or ownership interest in,
vehicle prohibited; exceptions
291E-50 Notice to the department of land and natural resources
of suspensions and revocations of operating privileges
Part IV. Prohibited Conduct
291E-61 Operating a vehicle under the influence of an
intoxicant
291E-61.5 Habitually operating a vehicle under the influence of
an intoxicant
291E-62 Operating a vehicle after license and privilege have
been suspended or revoked for operating a vehicle under
the influence of an intoxicant; penalties
291E-63 Records of suspensions and revocations of operating
privileges to be maintained
291E-64 Operating a vehicle after consuming a measurable amount
of alcohol; persons under the age of twenty-one
291E-65 Refusal to submit to testing for measurable amount of
alcohol; district court hearing; sanctions; appeals;
admissibility
§291E-3 Evidence of intoxication.
(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 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood;
(2) .08 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 or less grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .05 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 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .05 grams of alcohol per two hundred ten liters of defendant's breath, but less than .08 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .08 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.
(c) Nothing in this section shall be construed as limiting the introduction, in any criminal proceeding for a violation under section 291E-61 or 291E-61.5 or in any proceeding under part III, of relevant evidence of a person's alcohol concentration or drug content obtained more than three hours after an alleged violation; provided that the evidence is offered in compliance with the Hawaii rules of evidence. [L 2000, c 189, pt of §23; am L 2004, c 90, §3]
Case Notes
Decisions under prior law (§291-5).
Section allowed prosecution to introduce as evidence the intoxilyzer test result to prosecute a defendant for §291-4(a)(1) violation when charge of §291-4(a)(2) violation has been dismissed. 77 H. 94, 881 P.2d 1240. Where conviction is based solely on a chemical test, the results of the test when taken together with its tolerance for error must equal or exceed the statutory level. 1 H. App. 44, 613 P.2d 916.
Intoxilyzer test result inadmissible where officer administering test had less than required training and had not been issued appropriate permit. 5 H. App. 575, 704 P.2d 927.
Extrapolation of blood alcohol test result back to time of driving not required. 7 H. App. 532, 782 P.2d 891.
PART
II. TESTING AND IMPLIED CONSENT
Law Journals and ReviewsExpert and Opinion Testimony of Law Enforcement Officers Regarding Identification of Drug Impaired Drivers. 23 UH L. Rev. 151.
§291E-11
Implied consent of operator of vehicle to
submit to testing to determine alcohol concentration and drug
content.
(a) Any person who operates a vehicle upon a public way, street, road, or highway or on or in the waters of the State shall be deemed to have given consent, subject to this part, to a test or tests approved by the director of health of the person's breath, blood, or urine for the purpose of determining alcohol concentration or drug content of the person's breath, blood, or urine, as applicable.
(b) The test or tests shall be administered at the request of a law enforcement officer having probable cause to believe the person operating a vehicle upon a public way, street, road, or highway or on or in the waters of the State is under the influence of an intoxicant or is under the age of twenty-one and has consumed a measurable amount of alcohol, only after:
(1) A lawful arrest; and
(2) The person has been informed by a law enforcement officer of the sanctions under section 291E-41 or 291E-65, as applicable to the offense.
(c) If there is probable cause to believe that a person is in violation of section 291E-64, as a result of being under the age of twenty-one and having consumed a measurable amount of alcohol, or section 291E-61 or 291E-61.5, as a result of having consumed alcohol, then the person shall elect to take a breath or blood test, or both, for the purpose of determining the alcohol concentration.
(d) If there is probable cause to believe that a person is in violation of section 291E-61 or 291E-61.5, as a result of having consumed any drug, then the person shall elect to take a blood or urine test, or both, for the purpose of determining the drug content. Drug content shall be measured by the presence of any drug or its metabolic products, or both.
(e) A person who chooses to submit to a breath test under subsection (c) also may be requested to submit to a blood or urine test, if the law enforcement officer has probable cause to believe that the person was operating a vehicle while under the influence of any drug under section 291E-61 or 291E-61.5 and the officer has probable cause to believe that a blood or urine test will reveal evidence of the person being under the influence of any drug. The law enforcement officer shall state in the officer's report the facts upon which that belief is based. The person shall elect to take a blood or urine test, or both, for the purpose of determining the person's drug content. Results of a blood or urine test conducted to determine drug content also shall be admissible for the purpose of determining the person's alcohol concentration. Submission to testing for drugs under subsection (d) or this subsection shall not be a substitute for alcohol tests requested under subsection (c).
(f) The use of a preliminary alcohol screening device by a law enforcement officer shall not replace a breath, blood, or urine test required under this section. The analysis from the use of a preliminary alcohol screening device shall only be used in determining probable cause for the arrest.
(g) Any person tested pursuant to this section who is convicted or has the person's license or privilege suspended or revoked pursuant to this chapter may be ordered to reimburse the county for the cost of any blood or urine tests, or both, conducted pursuant to this section. If reimbursement is so ordered, the court or the director, as applicable, shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test, or both. [L 2000, c 189, pt of §23; am L 2001, c 157, §11; am L 2002, c 113, §1; am L 2004, c 90, §5]
Case Notes
Decisions under prior law (§286-151).
Section 286-163 operates as an exception to this section, which generally requires the police lawfully to arrest the driver prior to administering a blood test. 98 H. 221, 47 P.3d 336.