HAWAII REVISED STATUTES

CHAPTER 291

TRAFFIC VIOLATIONS
(Selected Sections)
(Updated February 25, 1998)

HRS Section 291-3.1. Consuming or possessing intoxicating liquor while operating motor vehicle or moped.

(a) No person shall consume any intoxicating liquor while operating a motor vehicle or moped upon any public street, road, or highway.

(b) No person shall possess, while operating a motor vehicle or moped upon any public street, road, or highway, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed.

(c) This section shall not apply to the living quarters of a trailer or camper.

(d) Any person violating this section shall be guilty of a misdemeanor.

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HRS Section 291-3.2. Consuming or possessing intoxicating liquor while a passenger in a motor vehicle.

(a) No person shall consume any intoxicating liquor while a passenger in any motor vehicle or on any moped upon any public street, road, or highway.

(b) No person shall possess, while a passenger in a motor vehicle or on a moped upon any public street, road, or highway, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed.

(c) This section shall not apply to the living quarters of a trailer or camper.

(d) Any person violating this section shall be guilty of a petty misdemeanor.

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HRS Section 291-3.3. Storage of opened container containing intoxicating liquor or consumption at scenic lookout.

(a) No person shall keep in a motor vehicle, or on a moped when such vehicle or moped is upon any public street, road, or highway or at any scenic lookout, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed or fully removed, unless such container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers.

(b) No person shall consume any intoxicating liquor at any scenic lookout.

(c) Subsection (a) of this section shall not apply to a recreational or other vehicle not having a separate trunk compartment, or to the living quarters of a trailer or camper.

(d) Any person violating this section shall be guilty of a violation.

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HRS Section 291-3.4. Exceptions; consumption or possession of intoxicating liquor while a passenger in a motor vehicle, storage of opened container containing intoxicating liquor.

Sections 291-3.2 and 291-3.3 shall not apply to a motor vehicle for hire which has been issued a certificate of public convenience or necessity, 1-7 passenger classification by the public utilities commission so long as the motor vehicle has a barrier between the driver and the passengers sufficient to prevent intoxicating liquor from being passed between them and only the passengers behind the barrier consume the intoxicating liquor.

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HRS Section 291-4. Driving under the influence of intoxicating liquor.

(a) A person commits the offense of driving under the influence of intoxicating liquor if:

(1) The person operates or assumes actual physical control of the operation of any vehicle while under the influence of intoxicating liquor, meaning that the person concerned is under the influence of intoxicating liquor in an amount sufficient to impair the person's normal mental faculties or ability to care for oneself and guard against casualty; or

(2) The person operates or assumes actual physical control of the operation of any vehicle with .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood or .08 or more grams of alcohol per two hundred ten liters of breath.

(b) A person committing the offense of driving under the influence of intoxicating liquor shall be sentenced as follows without possibility of probation or suspension of sentence:

(1) For the first offense, or any offense not preceded within a five-year period by a conviction under this section, by:

(A) A fourteen-hour minimum alcohol abuse rehabilitation program including education and counseling, or other comparable program deemed appropriate by the court; and

(B) Ninety-day prompt suspension of license with absolute prohibition from operating a motor vehicle during suspension of license, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a motor vehicle and, for the remainder of the ninety-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in alcoholism treatment programs; and

(C) Any one or more of the following:

(i) Seventy-two hours of community service work;

(ii) Not less than forty-eight hours and not more than five days of imprisonment; or

(iii) A fine of not less than $150 but not more than $1,000.

(2) For an offense which occurs within five years of a prior conviction under this section, by:

(A) Prompt suspension of license for a period of one year with the absolute prohibition from operating a motor vehicle during suspension of license;

(B) Either one of the following:

(i) Not less than one hundred hours of community service work; or

(ii) Not less than forty-eight consecutive hours but not more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively; and

(C) A fine of not less than $500 but not more than $1,500.

(3) For an offense which occurs within five years of two prior convictions under this section by:

(A) A fine of not less than $500 but nor more than $2,500;

(B) Revocation of license for a period not less than one year but not more than five years; and

(C) Not less than ten days but not more than thirty days imprisonment of which at least forty-eight hours shall be served consecutively.

(4) Notwithstanding any other law to the contrary, any conviction for driving under the influence of intoxicating liquor, shall be considered a prior conviction.

(5) No license suspension or revocation shall be imposed pursuant to this subsection if the person's license has previously been administratively revoked pursuant to part XIV of chapter 286 for the same offense; provided that, if the administrative revocation is subsequently reversed, the person's license shall be suspended or revoked as provided in this subsection.

(c) Whenever a court sentences a person pursuant to subsection (b), it shall also require that the offender be referred to a substance abuse counselor who has been certified pursuant to section 321-193 for an assessment of the offender's alcohol abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court may require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's alcohol abuse or dependence.

All cost for assessment or treatment or both shall be borne by the offender.

(d) Notwithstanding any other law to the contrary, whenever a court revokes a person's driver's license pursuant to the provisions of this section, the examiner of drivers shall not grant to the person an application for a new driver's license for a period to be determined by the court.

(e) Any person sentenced under this section may be ordered to reimburse the county of the cost of any blood tests conducted under section 286-152. The court 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 test.

(f) The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a revocation under part XIV of chapter 286 unless the person's license had been previously revoked under that part in the five-year period immediately preceding the revocation at issue, nor shall the requirement to provide proof of financial responsibility pursuant to section 287-20 be based upon a sentence imposed under subsection (b)(1).

(g) As used in this section the terms "driver," "driver's license," and "examiner of drivers," shall have the same meanings as provided in section 286-2 and the term "vehicle" shall have the same meaning as provided in section 291C-1.

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HRS Section 291-4.3. Driving after consuming a measurable amount of alcohol; persons under the age of twenty-one.

(B) In addition, the court may impose any one or more of the following:

(i) Not more than thirty-six hours of community service work;

(ii) A fine of not less than $150 but not more than $500.

(2) For a violation that occurs within five years of a prior alcohol enforcement contact:

(A) The court shall impose prompt suspension of license for a period of one year with the absolute prohibition from operating a motor vehicle during suspension of license; and

(B) In addition, the court may impose any of the following:

(i) Not more than fifty hours of community service work; or

(ii)A fine of not less than $300 but not more than $1,000.

(3) For a violation that occurs within five years of two prior alcohol enforcement contacts:

(A) The court shall impose revocation of license for a period of two years; and

(B) In addition, the court may impose any of the following:

(i) Not more than one hundred hours of community service work; or

(ii) A fine of, not less than $300 but not more than $1,000.

(4) Notwithstanding any other law to the contrary, any conviction or plea under this section shall be considered a prior alcohol enforcement contact.

(c) Whenever a court sentences a person pursuant to subsection (b)(2) or (3), it also shall require that the person be referred to a substance abuse counselor who has been certified pursuant to section 321-193 for an assessment of the person's alcohol abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the person to obtain appropriate treatment if the counselor's assessment establishes the person's alcohol abuse or dependence. All costs for assessment or treatment or both shall be borne by the person or by the person's parent or guardian, if the person is under the age of eighteen.

(d) Notwithstanding section 831-3.2 or any other law to the contrary, a person convicted of a first-time violation under subsection (b)(1), who had no prior alcohol enforcement contacts, may apply to the court for an expungement order upon attaining the age of twenty-one, or thereafter, if the person has fulfilled the terms of the sentence imposed by the court and has had no subsequent alcohol or drug-related enforcement contacts.

(e) Notwithstanding any other law to the contrary, whenever a court revokes a person's driver's license pursuant to this section, the examiner of drivers shall not grant to the person an application for a new driver's license for a period to be determined by the court.

(f)Any person sentenced under this section way be ordered to reimburse the county for the cost of any blood tests conducted pursuant to section 286-152. The court 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 test.

(i) As used in this section, the terms "driver", "drivers license", and "examiner of drivers', shall have the same meanings as provided in section 286-2, the term "alcohol enforcement contact" shall have the same meaning as in section 286-251, and the term "vehicle" shall have the same meaning as provided in section 291C-1.

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(a) A person commits the offense of habitually driving under the influence of intoxicating liquor or drugs if, during a ten-year period the person has been convicted three or more times for a driving under the influence offense; and

(1) The person operates or assumes actual physical control of the operation of any vehicle while under the influence of intoxicating liquor, meaning that the person is under the influence of intoxicating liquor in an amount sufficient to impair the person's normal mental faculties or ability to care for oneself and guard against casualty;

(2) The person operates or assumes actual physical control of the operation of any vehicle with .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood or .08 or more grams of alcohol per two hundred ten liters of breath; or

(3) A person operates or assumes actual physical control of the operation of any vehicle while under the influence of any drug which impairs such person's ability to operate the vehicle in a careful and prudent manner. The term "drug" as used in this section shall mean any controlled substance as defined and enumerated on schedules I through IV of chapter 329.

(b) For the purposes of this section a driving under the influence offense means a violation of section 291-4, 291-7, or 707-702.5, or violation of laws in another jurisdiction which requires proof of each element of the offenses punishable under either section 291-4, 291-7, or 707-702.5 if committed in Hawaii.

(c) Habitually driving under the influence of intoxicating liquor or drugs is a class C felony.

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HRS Section 291-4.5. Driving after license suspended or revoked for driving under the influence of intoxicating liquor; penalties.

(a) No person whose driver's license has been revoked, suspended, or otherwise restricted pursuant to chapter 286 or section 291-4 or 291-7 shall operate a motor vehicle upon the highways of this State either while the person's license remains suspended or revoked or in violation of the restrictions placed on the person's license. The period of suspension or revocation shall commence upon the release of the person from the period of imprisonment imposed pursuant to this section.

(A) Thirty days imprisonment;

(B) A fine of $1,000; and

(C) License suspension or denied shall continue until written authorization of compliance pursuant to section 576D-13 issued by the child support enforcement agency, the office of child support hearings, or the family court.

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HRS Section 291-5. Evidence of intoxication.

(a) In any criminal prosecution for a violation of section 291-4, .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of the defendant's blood or .08 or more grams of alcohol per two hundred ten liters of the defendant's 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 that the defendant was under the influence of intoxicating liquor at the time of the alleged violation.

(b) In any criminal prosecution for a violation of section 291-4, 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 that the defendant was under the influence of intoxicating liquor 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 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 intoxicating liquor 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 or not the defendant was at the time of the alleged violation under the influence of intoxicating liquor 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 291-4 or in any proceeding under part XIV of chapter 286, of relevant evidence of a person's alcohol 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 291-6. Medical services.

The several county and government physicians shall, or any other qualified person may, make such tests and analyses as may be requested of them by any police officer in connection with the determination of whether or not a person is or was under the influence of intoxicating liquor for the purposes of sections 291-4 and 291-5.

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HRS Section 291-7. Driving under the influence of drugs.

(a) A person commits the offense of driving under the influence of drugs if the person operates or assumes actual physical control of the operation of any vehicle while under the influence of any drug which impairs such person's ability to operate the vehicle in a careful and prudent manner. The term "drug' as used in this section shall mean any controlled substance as defined and enumerated on schedules I through IV of chapter 329.

(b) A person committing the offense of driving under the influence of drugs shall be sentenced as follows without possibility of probation or suspension a sentence:

(1) For a first offense, or any offense not preceded within a five-year period by a conviction under this section, by:

(A) A fourteen-hour minimum drug abuse rehabilitation program, including education and counseling, or other comparable programs deemed appropriate by the court; and

(B) Ninety-day prompt suspension of license with absolute prohibition from operating a motor vehicle during suspension of license, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a motor vehicle and, for the remainder of the ninety-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in drug treatment programs; and

(C) Any one or more of the following:

(i) Seventy-two hours of community service work; or

(ii) Not less than forty-eight hours of imprisonment; or

(iii) A fine of not less than $150 but not more than $1,000.

(2) For an offense which occurs within five years of a prior conviction under this section:

(A) Prompt suspension of license for a period of one year with the absolute prohibition from operating a motor vehicle during suspension of license;

(B) Either one of the following:

(i) Not less than eighty hours of community service work; or

(ii) Not less than forty-eight consecutive hours of imprisonment; and

(C) A fine of not less than $500 but not more than $1,000.

(3) For an offense which occurs within five years of two prior convictions under this section, by:

(A) A fine of not less than $500 but not more than $1,000;

(B) Revocation of license for a period not less than one year but not more than five years; and

(C) Not less than ten days but not more than one hundred eighty days imprisonment.

(4) Notwithstanding any other law to the contrary, any conviction for driving under the influence of drugs shall be considered a prior conviction.

(c) Whenever a court sentences a person pursuant to subsection (b)(2) or (3) it shall also require that the offender be referred to a substance abuse counselor who has been certified pursuant to section 321-193 for an assessment of the offender's drug dependence and the need for treatment. The counselor shall submit a report with recommendations to the court. The court may require the offender to obtain appropriate treatment.

All costs for such assessment or treatment or both shall be borne by the offender.

(d) Notwithstanding any other law to the contrary, whenever a court revokes a person's driver's license pursuant to the provisions of this section, the examiner of drivers shall not grant to such person an application for a new driver's license for such period as specified by the court.

(e) As used in this section, the terms "driver", "driver's license", and "examiner of drivers" shall have the same meanings as provided in section 286-2; and the term "vehicle" shall have the same meaning as provided in section 291C-1.

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HRS Section 291-11.5 Child passenger restraints.

(a) Except as otherwise provided in this section, no person operating a motor vehicle on a public highway in the State shall transport a child under four years of age except under the following circumstances:

(1) If the child is under three years of age, the person operating the motor vehicle shall ensure that the child is properly restrained in a child passenger restraint system approved by the United States Department of Transportation at the time of its manufacture; or

(2) If the child is three years of age or older but less than four years of age, the person operating the motor vehicle must either ensure that the child is properly restrained in a child passenger restraint system approved by the United States Department of Transportation at the time of its manufacture or ensure that the child is restrained by a seat belt assembly.

(b) Operators of the following motor vehicles shall be exempt from the requirements of this section; emergency, commercial, and mass transit vehicles. Further exemptions from this section may be established by the department of transportation pursuant to rules adopted under chapter 91.

(c) This section shall not apply if the number of persons in a vehicle exceeds the greater of the following:

(1) The number of seat belt assemblies available in the vehicle; or

(2) The number of seat belt assemblies originally installed in the vehicle; provided that all available seat belt assemblies are being used to restrain a passenger, and those children not restrained by an approved child passenger restraint system or a seat belt assembly are in the back seat of the motor vehicle.

(d) In no event shall failure of a child under the age of four years to be restrained or failure to restrain such a child in a child passenger restraint system or a seat belt assembly be considered contributory negligence, comparative negligence, or negligence per se.

(e) Any person violating this section shall be guilty of a violation and subject to the penalties of section 291C-161(b).

(f) As used in this section, "emergency vehicle", "mass transit vehicle", and "seat belt assembly" shall have the same meaning as provided in section 291-11.6.

As used in this section, "commercial vehicle" shall be defined as any motor vehicle that is being used for the transportation of persons for hire, compensation, or profit.

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HRS Section 291-11.6 Mandatory use of seat belts, when, penalty.

(a) Except as otherwise provided by law, no person:

(1) Shall operate a motor vehicle upon any public highway unless the person is restrained by a seat belt assembly and any passengers in the front seat of the motor vehicle are restrained by a seat belt assembly if between the ages of four and fifteen or are restrained pursuant to section 291-11.5 if under the age of four;

(2) If fifteen years of age or more shall be a passenger in the front seat of a motor vehicle being operated upon any public highway unless such person is restrained by a seat belt assembly.

As used in this section "seat belt assembly" means the seat belt assembly required to be in the motor vehicle under any federal motor vehicle safety standard issued pursuant to Public Law 89-563, the federal National Traffic and Motor Vehicle Safety Act of 1996, as amended, unless original replacement seat belt assemblies are not readily available. If replacement assemblies are not readily available, seat belts of federally approved materials with similar protective characteristics may be used. Such replacement seat belt assemblies shall be permanently marked by the belt manufacturer indicating compliance with all applicable federal standards.

(b) The passengers of the following motor vehicles shall be exempt from the requirements of this section: emergency and mass transit vehicles. Further exemptions from this section may be established by rules adopted by the department of transportation pursuant to chapter 91.

As used in this section, unless the context otherwise requires:

"Emergency vehicles" means an ambulance, a firefighting or rescue vehicle, or a police vehicle while on duty.

"Mass transit vehicle" means a bus, including a school bus (but excluding a charter or sightseeing service bus) with a gross vehicle weight rating that is over 10,000 pounds, whether publicly or privately owned, which provides service to the general public or provides special service on a regular or continuing basis.

(c) No person shall be guilty of violating this section if:

(1) The person is in a motor vehicle which is not required to be equipped with a seat belt assembly under any federal motor vehicle safety standard unless the vehicle is in fact equipped with a seat belt assembly.

(2) The person not restrained by a seat belt assembly is in a vehicle in which the number of persons exceeds the number of seat belt assemblies available in the vehicle or the number of seat belt assemblies originally installed in the vehicle, whichever is greater; provided that all available seat belt assemblies are being used to restrain passengers;

(3) The person not restrained by a seat belt assembly has a condition which prevents appropriate restraint by the seat belt assembly; provided such condition is duly certified by a physician who shall state the nature of the condition, as well as the reason such restraint is inappropriate.

(4) The person not restrained by a seat belt assembly is operating a taxicab or other motor vehicle utilized by performing a bona fide metered taxicab service which is regulated under chapter 269 or by county ordinance and is carrying passengers in the vehicle in the course of performing taxicab services; or

(5) Otherwise excepted by rules adopted by the department of transportation pursuant to chapter 91.

(d) This section shall not be deemed to change existing laws, rules, or procedures pertaining to a trial of a civil action for damages for personal injuries or death sustained in a motor vehicle accident.

(e) A person who fails to comply with the requirements of this section shall be subject to a fine of $20 for each violation.

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HRS Section 291-14 Pickup trucks; passenger restrictions.

(a) No person shall stand in the bed or load-carrying area of any motor vehicle commonly known as a pickup truck while the vehicle is in operation. No operator of any pickup truck shall operate the vehicle with a passenger seated in the bed or load-carrying area of the vehicle unless:

(1) There is no seating available in the cab of the vehicle;

(2) The side racks of the vehicle are securely attached and the tailboard or tailgate is securely closed;

(3) Every passenger in the bed or load-carrying area of the vehicle is seated on the floor and does not attempt to control unlashed cargo.

(b) This section shall not apply to persons or corporations operating a business or businesses that serve the public, who or which are subject to the jurisdiction, supervision, and regulations prescribed by state agencies or departments nor to their agents or employees when engaged in the business of such persons or corporations.

(c) No operator of any pickup truck may operate the vehicle with any passenger twelve years of age or under in the bed or load-carrying area of the vehicle, unless one of the following applies:

(1) An emergency exists that threatens the life of the passenger being transported in the bed or load-carrying area of the vehicle; or

(2) The vehicle is being operated in parades, caravans, or exhibitions which are officially authorized or otherwise permitted by law.

(d) Any person who violates this section shall be subject to a fine of $25 for each violation but shall not be guilty of a violation for which points shall be assessed pursuant to section 286-128; provided that any person who violates subsection (c) shall be subject to a fine of $50 for each separate violation.

(e) As used in this section, "pickup truck" means a light truck that has a cab on the front part of the vehicle covering the driver' seat and an open bed behind the cab designed primarily to transport property or cargo, with sides and a tailgate to retain the contents within the confines of the bed, and has a maximum gross vehicle weight rating (GVWR) of 11,000 pounds or less.

HAWAII REVISED STATUTES

CHAPTER 291C

STATEWIDE TRAFFIC CODE
(Selected Sections)
(Updated September 15, 1997)

HRS Section 291C-161 Penalties.

(a) It is a violation for any person to violate any of the provisions of this chapter except as otherwise specified in section (c) of this section and unless the violation is by other law of this State declared to be a felony, misdemeanor, or petty misdemeanor.

(b) Except as provided in subsection (c) of this section, every person who violates any provision of this chapter for which another penalty is not provided, shall be fined:

(1) Not more than $200 for a first conviction thereof;

(2) Not more than $300 for conviction of a second offense committed within one year after the date of the first offense; and

(3) Not more than $500 for conviction of a third or subsequent offense committed within one year after the date of the first offense; provided that upon a conviction for a violation of section 291C-12, 291C-12.5, or 291C-12.6, the person shall be sentenced in accordance with that section.

(c) Every person who violates section 291C-13 or 291C-18 shall:

(1) Be fined not more than $200 or imprisoned not more than ten days for a first conviction thereof;

(2) Be fined not more than $300 or imprisoned not more than twenty days or both for conviction of a second offense committed within one year after the date of the first offense; and

(3) Be fined not more than $500 or imprisoned not more than six months or both for conviction or a third or subsequent offense committed within one year after the date of the first offense.

(d) The court may assess a sum not to exceed $25 for the cost of issuing a penal summons upon any person who fails to appear at the place within the time specified in the citation issued to the person for any traffic violation.

(e) The court may require a person who violates any of the provisions of this chapter to attend a course of instruction in driver retraining as deemed appropriate by the court, in addition to any other penalties imposed.

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