HAWAII REVISED STATUTES

CHAPTER 286

HIGHWAY SAFETY
(Selected Sections)
(Updated February 25, 1998)

 

HRS Section 286-128. Point system for evaluation of operating records or all persons operating motor vehicles and for determination of their continuing qualifications.

(a) There is established a point system for the evaluation of the operating records of all persons operating motor vehicles and for the determination of the continuing qualifications of such persons to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations of the traffic laws of the State and of traffic ordinances of its counties to be imposed by the district judge in accordance with the following schedule of minimum and maximum points:

(1) Driving while under the influence of intoxicating liquor 4 to 8
(2) Reckless driving 3 to 6
(3) Driving while license suspended or revoked (includes court conviction as well as safety responsibility violations) 3 to 6
(4) Fraudulent use of license 3 to 6
(5) Excessive speeding (fifteen miles or more over the established speed limit) 3 to 6
(6) Leaving scene of accident 3 to 6
(7) Speeding (ten miles or more above the established speed limit) 1 to 4
(8) Failure to report accident immediately 1 to 4
(9) Inattention to driving; negligent driving 1 to 4
(10) Permitting unlicensed driver to drive 1 to 4

(b) When district judge shall suspend driver's license based on point system.

The district judge shall suspend, for a period of from one to six months, the driver's license of any person upon a showing of the person's record, based upon a uniform point system as provided herein, that the licensee has been convicted of or forfeited bail for, or has been found under chapter 571 to have violated traffic laws of the State or ordinances of its counties with such frequency as to indicate a disrespect for such laws or ordinances and a disregard for the safety of other persons on the highways. The district judge upon a showing of good cause may suspend the license suspension. For the purpose of this part, a total of twelve points assessed against any driver as determined by the values designated above shall indicate such disrespect and disregard. Nothing herein shall preclude the district judge from imposing any greater sentence as may be provided by law.

(c) Nonresident privilege of driving a motor vehicle.

The privilege of driving a motor vehicle on the highways of this State and the several counties, given to a nonresident under the law of this State, shall be subject to suspension by the district judge in like manner, and for like cause, the same as a driver's license issued by this State may be suspended.

(d) Reports of outside convictions; recording against drivers.

The district judges of each county shall enter into reciprocal agreements with the proper agency of any other county and the governor of the State may enter into such agreements with any state or territory for the purpose of reporting convictions or bail forfeitures in such county, state, or territory by a person holding a driver's license in such county, state, or territory. Such convictions or bail forfeitures in such county, state, or territory of a violation therein which if committed in this State would be a violation of the traffic laws of this State or the ordinances of the several counties, shall be recorded against a driver the same as if the conviction or bail forfeiture had been made in the State.

(e) Reports of convictions by courts-martial or United States commissioners; recording against drivers.

Convictions by courts-martial of any of the various branches of the armed forces of the United States or by a United States commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the traffic laws of this State or the ordinances of the several counties may be recorded against a driver the same as if the conviction had been in the courts of this State.

(f) Reports prima facie evidence to show convictions.

In all proceedings held under this section, the original or photostatic or other copies of the reports filed with the district judges of each county, including official reports received from the directors of motor vehicle divisions, state highway departments, or other agencies of any county, state, or territory charged with the duty of keeping records of offenses against the traffic laws of such counties, states, or territories, and reports of courts martial or United States commissioners, when such copies are duly certified by the various agencies supplying them as true copies of the original on file therewith, shall be deemed prima facie evidence of the information contained in such reports, for the purpose of showing any convictions or bail forfeiture.

(g) Computation of points.

In computing the total number of points charged to any person after a particular violation, those accrued as a result of violations that have occurred during the twelve months' period including and immediately preceding the last violation shall be counted at their full value; those accrued from twelve to twenty-four months preceding the last violation shall be counted at one-half their established value; and those resulting from violations more than twenty-four months prior to the last violation shall not be counted. If no violation has been charged against a person during the twenty-four month period, a total of six favorable points will be credited to the person's account, which may be used to offset the points chargeable on accounts of violations. In the event that a district judge subsequent to the bail forfeiture does hear the case, the district judge may set aside the points resulting from the bail forfeiture and designate the points the district judge deems necessary; provided that no licensee shall twice be assigned points for the same traffic violation. The method of computing and crediting points under this subsection shall not apply if, at the time of computation, the person as to whom the computation is being made has outstanding any traffic infraction other than the one for which the computation is being made.

(h) Notice of suspension to driver; return of license.

Upon determination and order by the district judge that a person has accumulated sufficient points to warrant the suspension of the person's license and the period of suspension, the licensee shall turn in the licensee's license as directed by the district judge if the licensee is present in court. If the licensee is not present in court when the district judge makes a determination and order that the license shall be suspended, then the clerk of the district court shall notify the licensee in writing by certified mail, return receipt requested to addressee only,m that the licensee's license has been suspended and the licensee shall, within fifteen days after receipt of the notice of suspension, return the licensee's license to the clerk of the district court. Any person wilfully failing to return the person's license as required by this section shall, on conviction thereof, be fined not more than $100 or imprisoned for not more than thirty days, or both.

(i) In the event of an appeal from a district court to the supreme court, or a trial in the circuit courts, such courts shall be governed by this section and if occasion arises shall direct the district court to carry out their order.

(j) Any provisions herein to the contrary notwithstanding, whenever an employee is cited for driving a vehicle with unsafe, faulty, or improper equipment, brakes, or lights and the responsibility for such condition is that of the employer, no points shall be assessed against the driver.

(k) Where bail forfeiture is allowed, the court shall assess against the driver the minimum points set forth in subsection (a) above, but in no case less than one point.

(l) Any provision in this section to the contrary notwithstanding, in the case where the violation of subsection (a)(8) is due to the size or nature of the vehicle, or the necessity of the driver's following a specific route or schedule in the course of the driver's employment, and not to inattention or fault on the part of the driver, the court shall assess no points.

(m) Upon determination and order by a district judge that a person has accumulated six points within a twelve-month period, the licensee shall report in person for a review of the licensee's driving record with the judge as directed by the judge if the licensee is present in court. If the licensee is not present in court when the district judge makes a determination and order that the licensee has accumulated six points within a twelve-month period and is directed to report in person for a review of the licensee's driving record, then the clerk of the district court shall notify the licensee in writing by certified mail, return receipt requested, to addressee only, that the licensee is directed to report in person, within fifteen days after receipt of the notice to report, for a review of the licensee's driving record with the judge. At the review, the judge may order a licensee who has accumulated six points within a twelve-month period to attend a course of instruction in driving retraining by a designated driver instructor or driver training school. Any person who fails to report in person for a review of the person's driving record with the judge as required by this subsection or who fails to attend a course of instruction in driver retraining pursuant to the order of the judge as required by this subsection shall be fined not more than $100 or shall have the person's license suspended not more than one year, or both.

(n) At the end of the period for which a person's driver's license has been suspended under this part when the person's license is reinstated, all points assessed against the person, except for six, shall be set aside.

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HRS Section 286-151. Implied consent of driver of motor vehicle or moped to submit to testing to determine alcohol concentration and drug content.

(a) Any person who operates a motor vehicle or moped on the public highways 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 police officer having probable cause to believe the person driving or in actual physical control of a motor vehicle or moped upon the public highways is under the influence of intoxicating liquor or drugs only after:

(1) A lawful arrest; and

(2) The person has been informed by a police officer of the sanctions under part XIV and section 286-151.5.

(c) If there is probable cause to believe that a person is in violation of section 291-4, then the person shall have the option 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 291-7, then the person shall have the option 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 scheduled drug as provided in section 291-7 or its metabolic products or both. The person shall be informed of the sanctions of section 286-151.5 for failure to take either test.

(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 officer has probable cause to believe that the person was driving under the influence of any drug under section 291-7 or the combined influence of alcohol and drugs 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 drugs. The officer shall state in the officer's report the facto upon which that belief is based. The person shall have the option 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 content. Submission to testing for drugs under subsection (d) or this subsection shall not be a substitute for alcohol tests requested under subsection (c).

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HRS Section 286-151.5. Refusal to submit to testing for measurable amount of alcohol; district court hearing; sanctions; appeals; admissibility.

(a) If a person under arrest for driving after consuming a measurable amount of alcohol, pursuant to section 291-4.3, refuses to submit to a breath or blood test, none shall be given, except as provided in section 286-163, but the arresting officer, as soon as practicable, shall submit an affidavit to a district judge of the circuit in which the arrest was made, stating:

(1) That at the time of the arrest, the arresting officer had probable cause to believe the arrested person was under the age of twenty-one and had been operating a motor vehicle or moped upon the public highways with a measurable amount of alcohol concentration;

(2) That the arrested person had been informed of the sanctions of this section; and:

(3) That the person had refused to submit to a breath or blood test.

(b) Upon receipt of the affidavit, the district judge shall hold a hearing within twenty days. The district judge shall hear and determine:

(1) Whether the arresting officer had probable cause to believe that the person was under the, age of twenty-one and had been operating a motor vehicle or moped upon the public highway with a measurable amount of alcohol concentration;

(2) Whether the person was lawfully arrested;

(3) Whether the arresting officer had informed the person of the sanctions of this section; and

(4) Whether the person refused to submit to a test of the person's breath or blood.

(c) If the district judge finds the statements contained in the affidavit are true, the judge shall, suspend the arrested person's operating privilege as follows:

(1) For a first suspension, or any suspension not preceded within a five-year period by a suspension under this section, for a period of twelve months; and

(2) For any subsequent suspension under this section, for a period not less than two years and not more than five years.

(d) An order of a district court issued under this section may be appealed to the supreme court.

(e) If a legally arrested person under the age of twenty-one refuses to submit, to a test of the person's breath or blood, proof of refusal shall be admissible only, in a hearing under this section or part XIV of this chapter and shall not be admissible in any other action or proceeding, whether civil or criminal.

(f) The term "measurable amount of alcohol" shall have the same meaning as provided in section 291-4.3.

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HRS Section 286-152. Persons qualified to take blood specimen.

No person, other than a physician, registered nurse, phlebotomist deemed qualified by the director of a clinical laboratory that is licensed by the State, or person licensed in a clinical laboratory occupation under section 321-13, may withdraw blood for the purpose of determining the alcohol concentration or drug content therein. This limitation shall not apply to the taking of a breath or urine specimen.

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HRS Section 286-153. Additional tests.

The person tested may choose any physician, registered nurse, or person licensed in a clinical laboratory occupation under section 321-13 to withdraw blood and also may choose any qualified person to administer a test or tests in addition to any administered at the direction of a police officer. The result of the test or tests may be used as provided in section 291-5 or 286-158.5. The failure or inability to obtain an additional test by a person shall not preclude the admission of the test or tests taken at the direction of a police officer. Upon the request of the person who is tested, full information concerning the test or tests taken at the direction of the police officer shall be made available to that person.

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HRS Section 286-154. Consent of person incapable of refusal not withdrawn.

The consent of a person deemed to have given the person's consent pursuant to section 286-151 shall not be withdrawn by reason of the person’s being dead, unconscious, or in any other state which renders the person incapable of consenting to examination, and the test may be given. In such event, a test of the person's blood shall be administered.

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HRS Section 286-155.5. Revocation of privilege to drive motor vehicle or moped upon refusal to submit to breath or blood test.

If a person under arrest refuses to submit to a breath or blood test, none shall be given, except as provided in section 286-163, but the person shall be subject to the procedures and sanctions under part XIV.

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HRS Section 286-157.3. Revocation of privilege to drive a motor vehicle upon refusal to submit to drug testing.

(a) If a person under arrest refuses to submit to a blood or urine test for the presence of drugs under section 286-151(d) or (e), none shall be given except as otherwise provided, but the arresting officer, as soon as practicable, shall submit an affidavit to a district court judge of the circuit in which the arrest was made, stating;

(1) That at the time of arrest, the arresting officer has probable cause to believe the arrested, person had been driving or was in actual physical control of a motor vehicle upon the public highways while under the influence of drugs;

(2) That the arrested person was informed of the sanctions of this section; and

(3) That the arrested person had refused to submit to a blood or urine test.

(b) Upon receipt of the affidavit the district court judge shall hold a hearing, as provided in section 286-157.4, and shall determine whether the statements contained in the affidavit are true and correct. If the district judge finds the statements contained in the affidavit are true, the judge shall suspend the arrested person's license, permit, or any nonresident operating privilege as follows:

(1) One year, if the arrestee’s driving record shows no prior revocations under this section during the five years preceding the date of arrest;

(2) Two years, if the arrestee's driving record shows one prior drug enforcement contact under this section during the five years preceding the date of arrest;

(3) Four years, if the arrestee's driving record shows two prior drug enforcement contacts, under this section during the seven years preceding the date of arrest; or

(4) For life, if the arrestee's driving record shows three or more prior drug enforcement contacts under this section during the ten years preceding the date of arrest.

(c) Whenever a license is revoked under this section, the offender shall be referred to a certified substance abuse counselor for an assessment of the offender's drug abuse or dependence and the need for treatment. The counselor shall submit a report with recommendations to the court. If the counselor's assessment establishes that the extent of the offender's drug abuse or dependence warrants treatment, the court may order treatment. All costs for assessment and treatment shall be paid by the offender.

(d) Drug enforcement contacts that occurred prior to the effective date of this Act shall be counted in determining the revocation period.

(e) This section shall not preclude a finding under part XIV for failure to comply with section 286-151(b).

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HRS Section 286-157.4. Hearing before a district judge.

(a) A hearing to determine the truth and correctness of. an affidavit submitted to a district judge shall be held within twenty days after the district judge has received the affidavit.

(b) The district judge shall hear and determine:

(1) Whether the arresting officer had reasonable grounds to believe that the person had been operating a vehicle while under the influence of drugs;

(2) Whether the person was lawfully arrested;

(3) Whether the arresting officer bad informed the person of the sanctions of section 286-151.5; and

(4) Whether the person refused to submit to a test of the person's blood or urine.

(c) For purposes of a hearing under this section, there shall be no limit on the introduction of any other competent evidence bearing on the question of whether the person was under the influence of drugs, including but not limited to personal observation by a law enforcement officer of the defendant's manner, disposition, speech, muscular movement, general appearance, or behavior.

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HRS Section 286-157.5. Appeal to supreme court.

An order of a district court issued under section 286-151.5 may be appealed to the supreme court.

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HRS Section 286-158. Interpretation of the tests.

For the purposes of this part and to the fullest extent possible, the interpretation of the testing to determine alcoholic content of blood shall be as provided in section 291-5.

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HRS Section 286-158.5. Interpretation of drug tests; competent evidence.

In any criminal prosecution or civil proceeding relating to section 291-7, the presence of any drug that impairs a person's ability to operate a vehicle in a careful and prudent manner within three hours after the time of the alleged offense, as shown by chemical analysis or other approved analytical techniques of the defendant's blood or urine, shall be competent evidence that the defendant was under the influence of drugs at the time of the alleged violation. Nothing in this section shall be construed as limiting the introduction, in any criminal proceeding for a violation under 291-7 or in any proceeding under section 286-157.4, of relevant evidence of a person’s 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.

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HRS Section 286-159. Proof of refusal; admissibility.

If a legally arrested person refuses to submit to a test of the person's breath or blood, evidence of refusal shall be admissible only in a hearing under part XIV of this chapter and shall not be admissible in any other action or proceeding, whether civil or criminal.

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HRS Section 286-159.5. Proof of refusal of drug testing; admissibility.

If a legally arrested person refuses to submit to a test of the person's blood or urine, proof of refusal shall be admissible only in a hearing under section 286-157.4 or part XIV and shall not be admissible in any other action or proceeding, whether civil or criminal.

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HRS Section 286-159.6. Presence of drugs or metabolic products; admissibility.

Any results reflecting the presence of drugs or metabolic products obtained from a blood or urine specimen obtained under chapter 286 shall not be admissible in any proceeding brought under chapter 329 or 712.

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HRS Section 286-160. Other evidence not excluded.

This part shall not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of intoxicating liquor.

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HRS Section 286-162. Test results to be collected.

The results of any test for alcohol content made upon any person, including any person who has been fatally injured in a traffic accident or upon the driver of a motor vehicle or moped involved in an accident which resulted in another person's death, shall be sent to the state director of transportation who shall compile the data without revealing the identity of any individual tested. This data shall be available only to the state and county highway safety councils and to other agencies the director of transportation deems necessary and advisable.

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HRS Section 286-162.5. Authorization to establish intoxication and drug control roadblock programs.

The police departments of the respective counties are authorized to establish and implement intoxication and drug control roadblock programs in accordance with the minimum standards and guidelines provided in section 286-162.6. The chief of police in any county establishing an intoxication and drug control roadblock program pursuant to this section shall specify the procedures to be followed in carrying out the program in rules adopted under chapter 91 provided that the procedures shall be in conformity with and not more intrusive than the standards and guidelines described in section 286-162.6.

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HRS Section 286-162.6. Minimum standards for roadblock procedures.

(a) Every intoxication and drug control roadblock program shall:

(1) Require either that all motor vehicles, or mopeds, or both, approaching roadblocks be stopped, or that certain motor vehicles, or mopeds, or both, be stopped by selecting motor vehicles, or mopeds, or both, in a specified numerical sequence or pattern.

(2) Require that roadblocks be located at fixed locations for a maximum three-hour period.

(3) Provide for the following minimum safety precautions at every roadblock:

(A) Proper illumination;

(B) Off-road or otherwise safe and secure holding areas for motor vehicles, or mopeds, or both, involved in any roadblock stop;

(C) Uniformed police officers carrying proper identification;

(D) Adequate advance warning of the fact and purpose of the roadblocks, either by sign posts, flares, or other alternative methods; and

(E) Termination of roadblocks at the discretion of the police officer in charge where traffic congestion would otherwise result.

(4) Provide for a sufficient quantity and visibility of uniformed officers and official vehicles to assure speedy compliance with the purpose of the roadblocks and to move traffic with a minimum of inconvenience.

(b) Nothing in this section shall prohibit the establishment of procedures to make roadblock, programs less intrusive than required by the minimum standards provided in this section.

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HRS Section 286-163. Applicable scope of part; mandatory testing in the event of a collision resulting in injury or death.

(a) Nothing in this part shall be construed to prevent the police from obtaining a sample of breath, blood, or urine as evidence of intoxication or influence of drugs, from the driver of any vehicle involved in a collision resulting in injury to or death of any person.

(b) In the event of a collision resulting in injury or death, and the police have probable cause to believe that a person involved in the incident has committed a violation of section 707-702.5, 707-703, 707-704, 707-705, 707-706, 291-4, or 291-7, the police shall request that a sample of blood or urine be recovered from the driver or any other person suspected of committing a violation of section 707-702.5, 707-703, 707-704, 707-705, 707-706, 291-4, or 291-7.

(c) The police shall make the request under subsection (b) to the hospital or medical facility treating the person from whom the police request that the blood or urine be recovered. Upon the request of the police that blood or urine be recovered pursuant to this section, and except where the responsible attending personnel at the hospital or medical facility determines in good faith that recovering or attempting to recover blood or urine from the person represents an imminent threat to the health of the medical personnel or others, the hospital or medical facility shall provide the police with the blood or urine sample requested, recover the sample in compliance with section 321-161, and assign a person authorized under section 286-152 to withdraw the blood sample or obtain the urine. Any person complying with a request to withdraw the blood or obtain the urine under the direction of a police officer pursuant to this section shall be exempt from liability pursuant to section 663-1.9 as a result thereof.

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