HB 1708: Traffic Code; Operating a Vehicle Under the Influence of an Intoxicant; Highly Intoxicated Driver

A BILL FOR AN ACT

RELATING TO TRAFFIC SAFETY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that studies indicate that many traffic collisions and fatalities involve "highly intoxicated" impaired drivers.  For nearly a decade, traffic safety advocates across the State have collaborated to promote traffic safety legislation to deter impaired driving, strive for accountability in the criminal justice system, and save lives.   Furthermore, alcohol abuse trends demonstrate a need to take appropriate action to promote public health and protect public safety.

     Under existing law, enhancements exist for individuals convicted of the offense of operating a vehicle under the influence of an intoxicant deemed to be a highly intoxicated driver.  However, these enhancements are limited to additional fines, minimal jail time, and an additional driver's license revocation period, while the offense itself remains a petty misdemeanor.  These enhancements are not sufficient to address the concerns and deter this hazardous conduct.  In addition to the possibility of a prison term, if the facts and circumstances so warrant, a class C felony sanction will provide court supervision authorities with an appropriate period to assess, monitor, and rehabilitate highly intoxicated drivers and properly address any potential alcohol abuse or dependence needs through appropriate treatment.

     The purpose of this Act is to enhance public safety by upgrading the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver and specifying additional probation requirements.

     SECTION 2.  Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced [without possibility of probation or suspension of sentence] as follows:

     (1)  [Except as provided in paragraph (4), for] For the first offense, or any offense not preceded within a ten-year period by a conviction for an offense under this section or section 291E-4(a)[:], except as provided in paragraph (4), shall be sentenced without possibility of probation or suspension of sentence to all of the following:

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

          (B)  Revocation of license to operate a vehicle for no less than one year and no more than eighteen months;

          (C)  Installation during the revocation period of an ignition interlock device on all vehicles operated by the person;

          (D)  Any one or more of the following:

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

             (ii)  No less than forty-eight hours and no more than five days of imprisonment; or

            (iii)  A fine of no less than $250 and no more than $1,000;

          (E)  A surcharge of $25 to be deposited into the neurotrauma special fund; and

          (F)  A surcharge[,] of up to $25, if the court so orders, [or up to $25] to be deposited into the trauma system special fund;

     (2)  For an offense that occurs within ten years of a prior conviction for an offense under this section[:], except as provided in paragraph (5), shall be sentenced without possibility of probation or suspension of sentence to all of the following:

          (A)  A substance abuse program of at least thirty-six hours, including education and counseling, or other comparable programs deemed appropriate by the court;

          (B)  Revocation of license to operate a vehicle for no less than two years and no more than three years;

          (C)  Installation during the revocation period of an ignition interlock device on all vehicles operated by the person;

          (D)  Either one of the following:

              (i)  No less than two hundred forty hours of community service work; or

             (ii)  No less than five days and no more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

          (E)  A fine of no less than $1,000 and no more than $3,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund;

          (F)  A surcharge of $25 to be deposited into the neurotrauma special fund; and

          (G)  A surcharge of up to $50, if the court so orders, to be deposited into the trauma system special fund;

     (3)  In addition to a sentence imposed under paragraphs (1) and (2), any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty-eight hours; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1) or (2), as applicable.  Notwithstanding paragraphs (1) and (2), the revocation period for a person sentenced under this paragraph shall be no less than two years;

     (4)  [In addition to a sentence imposed under paragraph (1), for a] For the first offense [under this section], or [an] any offense not preceded within a ten-year period by a conviction for an offense[, any person who is convicted under this section] under this section, and was a highly intoxicated driver at the time of the subject incident, shall be [sentenced to an additional mandatory term of imprisonment for forty-eight consecutive hours and an additional mandatory revocation period of six months; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1).  Notwithstanding paragraph (1), the revocation period for a person sentenced under this paragraph shall be no less than eighteen months;] guilty of a misdemeanor and shall be sentenced to either:

          (A)  A term of imprisonment of no less than ten days and all of the following:

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

             (ii)  Revocation of license to operate a vehicle for no less than eighteen months and no more than two years;

            (iii)  Installation during the revocation period of an ignition interlock device on all vehicles operated by the person;

             (iv)  A fine of no less than $500 and no more than $2,000;

              (v)  A surcharge of $25 to be deposited into the neurotrauma special fund; and

             (vi)  A surcharge of up to $25, if the court so orders, to be deposited into the trauma system special fund; or

          (B)  A term of probation of one year, with conditions to include:

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

             (ii)  Revocation of license to operate a vehicle for no less than eighteen months and no more than two years;

            (iii)  Installation during the revocation period of an ignition interlock device on all vehicles operated by the person;

             (iv)  A term of imprisonment of no less than five days;

              (v)  A fine no less than $500 and no more than $2,000;

             (vi)  A surcharge of $25 to be deposited into the neurotrauma special fund; and

            (vii)  A surcharge of up to $25, if the court so orders, to be deposited into the trauma system special fund;

     (5)  [In addition to a sentence under paragraph (2), for] For an offense that occurs within ten years of a prior conviction for an offense under this section, [any person who is convicted under this section] and was a highly intoxicated driver at the time of the subject incident, shall be [sentenced to an additional mandatory term of imprisonment of ten consecutive days and an additional mandatory revocation period of one year; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (2), as applicable.  Notwithstanding paragraph (2), the revocation period for a person sentenced under this paragraph shall be no less than three years;] guilty of a class C felony and shall be sentenced to either:

          (A)  An indefinite term of imprisonment of five years; or

          (B)  A term of probation of four years, with conditions to include:

              (i)  A substance abuse program of at least thirty-six hours, including education and counseling, or other comparable programs deemed appropriate by the court;

             (ii)  Revocation of license to operate a vehicle for no less than three years and no more than four years;

            (iii)  Installation during the revocation period of an ignition interlock device on all vehicles operated by the person;

             (iv)  A term of imprisonment of no less than thirty days;

              (v)  A fine of no less than $2,000 and no more than $5,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund;

             (vi)  A surcharge of $25 to be deposited into the neurotrauma special fund; and

            (vii)  A surcharge of up to $50, if the court so orders, to be deposited into the trauma system special fund;

     (6)  A person sentenced pursuant to paragraph (1)(B) may file a motion for early termination of the applicable revocation period if the person:

          (A)  Was not sentenced to any additional mandatory revocation period pursuant to paragraph (3), [or] (4)[;], or (5);

          (B)  Actually installed and maintained an ignition interlock device on all vehicles operated by the person for a continuous period of six months, after which the person maintained the ignition interlock device on all vehicles operated by the person for a continuous period of three months without violation;

          (C)  Includes with the person's motion for early termination a certified court abstract establishing that the person was not sentenced to any additional mandatory revocation period pursuant to paragraph (3), [or] (4)[;], or (5);

          (D)  Includes with the person's motion for early termination a certified statement from the director of transportation establishing that:

              (i)  The person installed and maintained an ignition interlock device on all vehicles operated by the person for a continuous period of six months; and

             (ii)  After the six-month period, the person maintained the ignition interlock device on all vehicles operated by the person for a continuous period of three months without violation; and

          (E)  Has complied with all other sentencing requirements.

          Nothing in this paragraph shall require a court to grant early termination of the revocation period if the court finds that continued use of the ignition interlock device will further the person's rehabilitation or compliance with this section;

     (7)  If the person demonstrates to the court that the person:

          (A)  Does not own or have the use of a vehicle in which the person can install an ignition interlock device during the revocation period; or

          (B)  Is otherwise unable to drive during the revocation period,

          the person shall be prohibited from driving during the period of applicable revocation provided in paragraphs (1) to (5); provided that the person shall be sentenced to the maximum license revocation period, the court shall not issue an ignition interlock permit pursuant to subsection (i), and the person shall be subject to the penalties provided by section 291E-62 if the person drives during the applicable revocation period; and

     (8)  For purposes of this subsection, "violation" means:

          (A)  Providing a sample of .04 or more grams of alcohol per two hundred ten liters of breath when starting the vehicle, unless a subsequent test performed within ten minutes registers a breath alcohol concentration lower than .02 and the digital image confirmed the same person provided both samples;

          (B)  Providing a sample of .04 or more grams of alcohol per two hundred ten liters of breath on a rolling retest, unless a subsequent test performed within ten minutes registers a breath alcohol concentration lower than .02 and the digital image confirms the same person provided both samples;

          (C)  Failing to provide a rolling retest, unless an acceptable test is performed within ten minutes;

          (D)  Violating section 291E-66; or

          (E)  Failing to provide a clear photo of the person when the person blows into the ignition interlock device."

     SECTION 3.  Section 853-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  This chapter shall not apply when:

     (1)  The offense charged involves the intentional, knowing, reckless, or negligent killing of another person;

     (2)  The offense charged is:

          (A)  A felony that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person; or

          (B)  A misdemeanor or petty misdemeanor that carries a mandatory minimum sentence and that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person;

          provided that the prohibition in this paragraph shall not apply to offenses described in section 709-906(18);

     (3)  The offense charged involves a conspiracy or solicitation to intentionally, knowingly, or recklessly kill another person or to cause serious bodily injury to another person;

     (4)  The offense charged is a class A felony;

     (5)  The offense charged is nonprobationable;

     (6)  The defendant has been convicted of any offense defined as a felony by the Hawaii Penal Code or has been convicted for any conduct that if perpetrated in this State would be punishable as a felony;

     (7)  The defendant is found to be a law violator or delinquent child for the commission of any offense defined as a felony by the Hawaii Penal Code or for any conduct that if perpetrated in this State would constitute a felony;

     (8)  The defendant has a prior conviction for a felony committed in any state, federal, or foreign jurisdiction;

     (9)  A firearm was used in the commission of the offense charged;

    (10)  The defendant is charged with the distribution of a dangerous, harmful, or detrimental drug to a minor;

    (11)  The defendant has been charged with a felony offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior offense, regardless of whether the period of deferral has already expired;

    (12)  The defendant has been charged with a misdemeanor offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior felony, misdemeanor, or petty misdemeanor for which the period of deferral has not yet expired;

    (13)  The offense charged is:

          (A)  Escape in the first degree;

          (B)  Escape in the second degree;

          (C)  Promoting prison contraband in the first degree;

          (D)  Promoting prison contraband in the second degree;

          (E)  Bail jumping in the first degree;

          (F)  Bail jumping in the second degree;

          (G)  Bribery;

          (H)  Bribery of or by a witness;

          (I)  Intimidating a witness;

          (J)  Bribery of or by a juror;

          (K)  Intimidating a juror;

          (L)  Jury tampering;

          (M)  Promoting prostitution;

          (N)  Abuse of family or household member except as provided in paragraph (2) and section 709-906(18);

          (O)  Sexual assault in the second degree;

          (P)  Sexual assault in the third degree;

          (Q)  A violation of an order issued pursuant to chapter 586;

          (R)  Promoting child abuse in the second degree;

          (S)  Promoting child abuse in the third degree;

          (T)  Electronic enticement of a child in the first degree;

          (U)  Electronic enticement of a child in the second degree;

          (V)  Commercial sexual exploitation pursuant to section 712-1200.5;

          (W)  Street prostitution and commercial sexual exploitation under section 712-1207(1)(b) or (2)(b);

          (X)  Commercial sexual exploitation near schools or public parks under section 712-1209;

          (Y)  Commercial sexual exploitation of a minor under section 712-1209.1;

          (Z)  Habitual commercial sexual exploitation under section 712-1209.5;

         (AA)  Violation of privacy in the first degree under section 711-1110.9;

         (BB)  Violation of privacy in the second degree under section 711-1111(1)(d), (e), (f), (g), or (h);

         (CC)  Habitually operating a vehicle under the influence of an intoxicant under section 291E-61.5(a);

         (DD)  Promoting gambling in the first degree; [or]

         (EE)  Promoting gambling in the second degree; or

         (FF)  Operating a vehicle under the influence of an intoxicant under section 291E-61;

    (14)  The defendant has been charged with:

          (A)  Knowingly or intentionally falsifying any report required under part XIII of chapter 11, with the intent to circumvent the law or deceive the campaign spending commission; or

          (B)  Violating section 11-352 or 11-353; or

    (15)  The defendant holds a commercial driver's license and has been charged with violating a traffic control law, other than a parking law, in connection with the operation of any type of motor vehicle."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000; provided that:

     (1)  The amendments made to section 291E-61, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on June 30, 2028, pursuant to Act 196, Session Laws of Hawaii 2021, as amended by Act 94, Session Laws of Hawaii 2022, as amended by Act 148, Session Laws of Hawaii 2023; and

     (2)  The amendments made to section 853-4(a), Hawaii Revised Statutes, by section 3 of this Act shall not be repealed when that section is reenacted on June 30, 2026, pursuant to Act 19, Session Laws of Hawaii 2020.

Report Title:

Traffic Code; Operating a Vehicle Under the Influence of an Intoxicant; Highly Intoxicated Driver

Description:

Upgrades the penalties for operating a vehicle under the influence of an intoxicant while highly intoxicated, including outlining additional requirements for probation.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to traffic safety.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that studies indicate that many traffic collisions and fatalities involve "highly intoxicated" impaired drivers.  For nearly a decade, traffic safety advocates across the State have collaborated to promote traffic safety legislation to deter impaired driving, strive for accountability in the criminal justice system, and save lives.   Furthermore, alcohol abuse trends demonstrate a need to take appropriate action to promote public health and protect public safety.

     Under existing law, enhancements exist for individuals convicted of the offense of operating a vehicle under the influence of an intoxicant deemed to be a highly intoxicated driver.  However, these enhancements are limited to additional fines, minimal jail time, and an additional driver's license revocation period, while the offense itself remains a petty misdemeanor.  These enhancements are not sufficient to address the concerns and deter this hazardous conduct.  In addition to the possibility of a prison term, if the facts and circumstances so warrant, a class C felony sanction will provide court supervision authorities with an appropriate period to assess, monitor, and rehabilitate highly intoxicated drivers and properly address any potential alcohol abuse or dependence needs through appropriate treatment.

     The purpose of this Act is to enhance public safety by upgrading the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver to a class C felony and specifying additional probation requirements.

     SECTION 2.  Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced without possibility of probation or suspension of sentence as follows:

     (1)  Except as provided in paragraph (4), for the first offense, or any offense not preceded within a ten-year period by a conviction for an offense under this section or section 291E-4(a):

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

          (B)  Revocation of license to operate a vehicle for no less than one year and no more than eighteen months;

          (C)  Installation during the revocation period of an ignition interlock device on all vehicles operated by the person;

          (D)  Any one or more of the following:

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

             (ii)  No less than forty-eight hours and no more than five days of imprisonment; or

            (iii)  A fine of no less than $250 and no more than $1,000;

          (E)  A surcharge of $25 to be deposited into the neurotrauma special fund; and

          (F)  A surcharge, if the court so orders, [or] of up to $25 to be deposited into the trauma system special fund;

     (2)  For an offense that occurs within ten years of a prior conviction for an offense under this section:

          (A)  A substance abuse program of at least thirty-six hours, including education and counseling, or other comparable programs deemed appropriate by the court;

          (B)  Revocation of license to operate a vehicle for no less than two years and no more than three years;

          (C)  Installation during the revocation period of an ignition interlock device on all vehicles operated by the person;

          (D)  Either one of the following:

              (i)  No less than two hundred forty hours of community service work; or

             (ii)  No less than five days and no more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

          (E)  A fine of no less than $1,000 and no more than $3,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund;

          (F)  A surcharge of $25 to be deposited into the neurotrauma special fund; and

          (G)  A surcharge of up to $50, if the court so orders, to be deposited into the trauma system special fund;

     (3)  In addition to a sentence imposed under paragraphs (1) and (2), any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty-eight hours; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1) or (2), as applicable.  Notwithstanding paragraphs (1) and (2), the revocation period for a person sentenced under this paragraph shall be no less than two years;

     (4)  In addition to a sentence imposed under paragraph (1), [for a first offense under this section, or an offense not preceded within a ten-year period by a conviction for an offense,] any person who is convicted under this section and was a highly intoxicated driver at the time of the subject incident shall be guilty of a class C felony and the sentence shall be either:

          (A)  A term of imprisonment of five years; or

          (B)  A term of probation of four years, with the following conditions:

              (i)  [sentenced to an additional mandatory term] No less than ten days of imprisonment [for], including at least forty-eight consecutive hours; [and an]

              (ii) An additional mandatory revocation period of [six months; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1).  Notwithstanding paragraph (1), the revocation period for a person sentenced under this paragraph shall be no less than eighteen months;] no less than two years and no more than three years;

            (iii)  A fine of no less than $2,000 and no more than $5,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund;

             (iv)  Referral to a certified substance abuse counselor as provided in subsection (h); and

              (v)  A surcharge of up to $50, if the court so orders, to be deposited into the trauma system special fund;

     (5)  [In addition to a sentence under paragraph (2), for an offense that occurs within ten years of a prior conviction for an offense under this section, any person who is convicted under this section and was a highly intoxicated driver at the time of the subject incident shall be sentenced to an additional mandatory term of imprisonment of ten consecutive days and an additional mandatory revocation period of one year; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (2), as applicable.  Notwithstanding paragraph (2), the revocation period for a person sentenced under this paragraph shall be no less than three years;

     (6)] A person sentenced pursuant to paragraph (1)(B) may file a motion for early termination of the applicable revocation period if the person:

          (A)  Was not sentenced to any additional mandatory revocation period pursuant to paragraph (3) or (4);

          (B)  Actually installed and maintained an ignition interlock device on all vehicles operated by the person for a continuous period of six months, after which the person maintained the ignition interlock device on all vehicles operated by the person for a continuous period of three months without violation;

          (C)  Includes with the person's motion for early termination a certified court abstract establishing that the person was not sentenced to any additional mandatory revocation period pursuant to paragraph (3) or (4);

          (D)  Includes with the person's motion for early termination a certified statement from the director of transportation establishing that:

              (i)  The person installed and maintained an ignition interlock device on all vehicles operated by the person for a continuous period of six months; and

             (ii)  After the six-month period, the person maintained the ignition interlock device on all vehicles operated by the person for a continuous period of three months without violation; and

          (E)  Has complied with all other sentencing requirements.

          Nothing in this paragraph shall require a court to grant early termination of the revocation period if the court finds that continued use of the ignition interlock device will further the person's rehabilitation or compliance with this section;

     (7)  If the person demonstrates to the court that the person:

          (A)  Does not own or have the use of a vehicle in which the person can install an ignition interlock device during the revocation period; or

          (B)  Is otherwise unable to drive during the revocation period,

          the person shall be prohibited from driving during the period of applicable revocation provided in paragraphs (1) to [(5);] (4); provided that the person shall be sentenced to the maximum license revocation period, the court shall not issue an ignition interlock permit pursuant to subsection (i), and the person shall be subject to the penalties provided by section 291E-62 if the person drives during the applicable revocation period; and

     (8)  For purposes of this subsection, "violation" means:

          (A)  Providing a sample of .04 or more grams of alcohol per two hundred ten liters of breath when starting the vehicle, unless a subsequent test performed within ten minutes registers a breath alcohol concentration lower than .02 and the digital image confirmed the same person provided both samples;

          (B)  Providing a sample of .04 or more grams of alcohol per two hundred ten liters of breath on a rolling retest, unless a subsequent test performed within ten minutes registers a breath alcohol concentration lower than .02 and the digital image confirms the same person provided both samples;

          (C)  Failing to provide a rolling retest, unless an acceptable test is performed within ten minutes;

          (D)  Violating section 291E-66; or

          (E)  Failing to provide a clear photo of the person when the person blows into the ignition interlock device."

     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; provided that the amendments made to section 291E-61, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on June 30, 2028, pursuant to Act 196, Session Laws of Hawaii 2021, as amended by Act 148, Session Laws of Hawaii 2023.

Report Title:

Traffic Code; Operating a Vehicle Under the Influence of an Intoxicant; Highly Intoxicated Driver

Description:

Specifies that operating a vehicle under the influence of an intoxicant while a highly intoxicated driver is a class C felony and outlines additional requirements for probation.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  545-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1708

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred H.B. No. 1708 entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC SAFETY,"

begs leave to report as follows:

     The purpose of this measure is to upgrade the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver to a class C felony and specify additional probation requirements.

     Your Committee received testimony in support of this measure from the Department of Transportation; Oahu Metropolitan Planning Organization; Department of Customer Services for the City and County of Honolulu; Kauaʻi Police Department; Office of the Prosecuting Attorney for the County of Hawaiʻi; and Department of the Prosecuting Attorney for the County of Maui.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender.  Your Committee received comments on this measure from the Judiciary and Department of the Prosecuting Attorney for the City and County of Honolulu.

     Your Committee finds that impaired driving remains a serious threat to public safety in Hawaii and a significant number of traffic collisions and fatalities involve drivers who are highly intoxicated.  Although existing law provides sentence enhancements for highly intoxicated drivers, the offense remains a petty misdemeanor, and current penalties may not adequately deter the most dangerous conduct or provide sufficient time for meaningful supervision and treatment.  This measure upgrades the offense of operating a vehicle under the influence of an intoxicant while highly intoxicated and establishes enhanced sentencing and probation requirements, thereby strengthening deterrence, promoting rehabilitation, and enhancing public safety on the State's roadways.

     Your Committee has amended this measure by:

     (1)  Clarifying that a first conviction as a highly intoxicated driver shall be a misdemeanor offense, rather than a class C felony, and punishable by either ten days in jail and other statutory provisions or one year probation with no less than five days in jail and other statutory provisions;

     (2)  Clarifying that a second conviction as a highly intoxicated driver within ten years of a prior conviction shall be a class C felony and punishable by either a five-year prison term or four years probation with no less than thirty days in jail and other statutory provisions;

     (3)  Inserting language to prohibit a deferred acceptance of guilty plea for persons convicted of operating a vehicle under the influence of an intoxicant;

     (4)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1708, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1708, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation,