SB 2392: Traffic Code; Operating a Vehicle Under the Influence of an Intoxicant; Highly Intoxicated Driver
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-03-27
Current Status:
Failed
(2026-03-30: Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill toughens penalties for people who drive under the influence and are found to be "highly intoxicated," treating the first or lone offense in ten years as a misdemeanor and allowing certain cases to be charged as a class C felony. It also adds required sanctions such as substance‑abuse programs, license revocations, ignition‑interlock devices, fines, community service or jail, longer probation for felony cases, and bars deferred guilty‑plea programs (where a conviction is delayed) for DUI offenses.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Specifies that operating a vehicle under the influence of an intoxicant while a highly intoxicated driver is a misdemeanor for a first offense, or any offense not preceded within a ten-year period. Specifies and imposes additional sentencing and probation requirements for a person convicted of a misdemeanor operating a vehicle under the influence of an intoxicant offense. Upgrades the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver to a class C felony under certain conditions. Specifies and imposes additional sentencing and probation requirements for a class C felony offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver. Prohibits a deferred acceptance of guilty plea for persons convicted of operating a vehicle under the influence of an intoxicant. Effective 7/1/3000. (HD1)
Specifies that operating a vehicle under the influence of an intoxicant while a highly intoxicated driver is a misdemeanor for a first offense, or any offense not preceded within a ten-year period. Specifies and imposes additional sentencing and probation requirements for a person convicted of a misdemeanor operating a vehicle under the influence of an intoxicant offense. Upgrades the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver to a class C felony under certain conditions. Specifies and imposes additional sentencing and probation requirements for a class C felony offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver. Prohibits a deferred acceptance of guilty plea for persons convicted of operating a vehicle under the influence of an intoxicant. (SD2)
Specifies that operating a vehicle under the influence of an intoxicant while a highly intoxicated driver is a misdemeanor for a first offense, or any offense not preceded within a ten-year period. Specifies and imposes additional sentencing and probation requirements for a person convicted of a misdemeanor operating a vehicle under the influence of an intoxicant offense. Upgrades the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver to a class C felony under certain conditions. Specifies and imposes additional sentencing and probation requirements for a class C felony offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver. Prohibits a deferred acceptance of guilty plea guilty for persons convicted of operating a vehicle under the influence of an intoxicant. (SD1)
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.
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THE SENATE |
S.B. NO. |
2392 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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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 and 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:
(1) Specifying that operating a vehicle under the influence of an intoxicant while a highly intoxicated driver is a misdemeanor for a first offense, or any offense not preceded within a ten-year period;
(2) Specifying and imposing additional sentencing and probation requirements for a person convicted of a misdemeanor operating a vehicle under the influence of an intoxicant offense;
(3) Upgrading the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver to a class C felony under certain conditions;
(4) Specifying and imposing additional sentencing and probation requirements for a class C felony offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver; and
(5) Prohibiting a deferred acceptance of guilty plea for persons convicted of operating a vehicle under the influence of an intoxicant.
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 each 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[, if the court so orders, or] of up to $25, if the
court so orders, 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 each 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] not 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] or any 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 [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 the sentence shall be
sentenced to either:
(A) A term of imprisonment of no less than ten days and each 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 neurotrauma special fund; or
(B) A term of probation of four years, with the following conditions:
(i) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable programs deemed appropriate;
(ii) Revocation of license to operate a vehicle for no less than eighteen months and no more than two years;
(iii) Install 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 of 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 the following conditions:
(i) Commitment to a substance abuse rehabilitation program of at least thirty-six hours, including education counseling, or other comparable programs as 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] through (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 the 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:
Specifies that operating a vehicle under the influence of an intoxicant while a highly intoxicated driver is a misdemeanor for a first offense, or any offense not preceded within a ten-year period. Specifies and imposes additional sentencing and probation requirements for a person convicted of a misdemeanor operating a vehicle under the influence of an intoxicant offense. Upgrades the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver to a class C felony under certain conditions. Specifies and imposes additional sentencing and probation requirements for a class C felony offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver. Prohibits a deferred acceptance of guilty plea for persons convicted of operating a vehicle under the influence of an intoxicant. 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.
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THE SENATE |
S.B. NO. |
2392 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
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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:
(1) Specifying that operating a vehicle under the influence of an intoxicant while a highly intoxicated driver is a misdemeanor for a first offense, or any offense not preceded within a ten-year period;
(2) Specifying and imposing additional sentencing and probation requirements for a person convicted of a misdemeanor operating a vehicle under the influence of an intoxicant offense;
(3) Upgrading the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver to a class C felony under certain conditions;
(4) Specifying and imposing additional sentencing and probation requirements for a class C felony offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver; and
(5) Prohibiting a deferred acceptance of guilty plea for persons convicted of operating a vehicle under the influence of an intoxicant.
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 each 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] not less than one year and [no]
not 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] Not
less than forty-eight hours and [no] not more than five days of
imprisonment; or
(iii) A fine of [no]
not less than $250 and [no] not 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, if the
court so orders, 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 each 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] not less than two years
and [no] not 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] Not
less than two hundred forty hours of community service work; or
(ii) [No] Not
less than five days and [no] not more than thirty days of
imprisonment, of which at least forty-eight hours shall be served
consecutively;
(E) A
fine of [no] not less than $1,000 and [no] not 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] not 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] or any 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 [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 the sentence shall be
either:
(A) A term of imprisonment of not less than ten days and each 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 not less than eighteen months and not 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 not less than $500 and not 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 neurotrauma special fund; or
(B) A term of probation of four years, with the following conditions:
(i) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable programs deemed appropriate;
(ii) Revocation of license to operate a vehicle for not less than eighteen months and not more than two years;
(iii) Install during the revocation period of an ignition interlock device on all vehicles operated by the person;
(iv) A term of imprisonment of not less than five days;
(v) A fine of not less than $500 and not 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 the following conditions:
(i) Commitment to a substance abuse rehabilitation program of at least thirty-six hours, including education counseling, or other comparable programs as deemed appropriate by the court;
(ii) Revocation of license to operate a vehicle for not less than three years and not 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 not less than thirty days;
(v) A fine of not less than $2,000 and not 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);
(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] through (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 the 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 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; provided further that the amendments made to section 853-4(a)(13), Hawaii Revised Statutes 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:
Specifies that operating a vehicle under the influence of an intoxicant while a highly intoxicated driver is a misdemeanor for a first offense, or any offense not preceded within a ten-year period. Specifies and imposes additional sentencing and probation requirements for a person convicted of a misdemeanor operating a vehicle under the influence of an intoxicant offense. Upgrades the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver to a class C felony under certain conditions. Specifies and imposes additional sentencing and probation requirements for a class C felony offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver. Prohibits a deferred acceptance of guilty plea for persons convicted of operating a vehicle under the influence of an intoxicant. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
2392 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
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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:
(1) Specifying that operating a vehicle under the influence of an intoxicant while a highly intoxicated driver is a misdemeanor for a first offense, or any offense not preceded within a ten-year period;
(2) Specifying and imposing additional sentencing and probation requirements for a person convicted of a misdemeanor operating a vehicle under the influence of an intoxicant offense;
(3) Upgrading the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver to a class C felony under certain conditions;
(4) Specifying and imposing additional sentencing and probation requirements for a class C felony offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver; and
(5) Prohibiting a deferred acceptance of guilty plea guilty for persons convicted of operating a vehicle under the influence of an intoxicant.
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 each 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] not less than one year and [no]
not 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] Not
less than forty-eight hours and [no] not more than five days of
imprisonment; or
(iii) A fine of [no]
not less than $250 and [no] not 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, if the
court so orders, 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 each 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] not less than two years
and [no] not 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] Not
less than two hundred forty hours of community service work; or
(ii) [No] Not
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] not less than $1,000 and [no] not 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] not 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] or any 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 [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 the sentence shall be
either:
(A) A term of imprisonment of not less than ten days and each 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 not less than eighteen months and not 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 not less than $500 and not 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 neurotrauma special fund; or
(B) A term of probation of four years, with the following conditions:
(i) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable programs deemed appropriate;
(ii) Revocation of license to operate a vehicle for not less than eighteen months and not more than two years;
(iii) Install during the revocation period of an ignition interlock device on all vehicles operated by the person;
(iv) A term of imprisonment of not less than five days;
(v) A fine of not less than $500 and not 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 the following conditions:
(i) Commitment to a substance abuse of at least thirty-six hours, including education counseling, or other comparable programs as deemed appropriate by the court;
(ii) Revocation of license to operate a vehicle for not less than three years and not 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 not less than thirty days;
(v) A fine of not less than $2,000 and not 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);
(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] through (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 the 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 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; provided further that the amendments made to section 853-4(a)(13), Hawaii Revised Statutes 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:
Specifies that operating a vehicle under the influence of an intoxicant while a highly intoxicated driver is a misdemeanor for a first offense, or any offense not preceded within a ten-year period. Specifies and imposes additional sentencing and probation requirements for a person convicted of a misdemeanor operating a vehicle under the influence of an intoxicant offense. Upgrades the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver to a class C felony under certain conditions. Specifies and imposes additional sentencing and probation requirements for a class C felony offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver. Prohibits a deferred acceptance of guilty plea guilty for persons convicted of operating a vehicle under the influence of an intoxicant. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2392 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
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.
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INTRODUCED BY: |
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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.
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Date
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Status
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|---|---|
| Mar 30, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4). |
| Mar 30, 2026 | Reported from TRN (Stand. Com. Rep. No. 1476-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 24, 2026 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Kila, Miyake, Evslin, Kitagawa, La Chica, Muraoka, Pierick; Ayes with reservations: Representative(s) Grandinetti, Cochran; Noes: none; and Excused: none. |
| Mar 19, 2026 | Bill scheduled to be heard by TRN on Tuesday, 03-24-26 9:00AM in House conference room 430 VIA VIDEOCONFERENCE. |
| Mar 12, 2026 | Referred to TRN, JHA, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 226) in amended form (SD 2). |
| Mar 10, 2026 | Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 24; Aye(s) with reservations: none. Noes, 1 (Senator(s) Fevella). Excused, 0 (none). Transmitted to House. |
| Mar 6, 2026 | 48 Hrs. Notice 03-10-26. |
| Mar 6, 2026 | Reported from JDC (Stand. Com. Rep. No. 3074) with recommendation of passage on Third Reading, as amended (SD 2). |
| Feb 27, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, Awa; Aye(s) with reservations: Senator(s) San Buenaventura ; 0 No(es): none; and 0 Excused: none. |
| Feb 23, 2026 | The committee(s) on JDC will hold a public decision making on 02-27-26 10:30AM; Conference Room 016 & Videoconference. |
| Feb 12, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Feb 12, 2026 | Reported from TRS (Stand. Com. Rep. No. 2223) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Feb 3, 2026 | The committee(s) on TRS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in TRS were as follows: 3 Aye(s): Senator(s) Inouye, Elefante, Lee, C.; Aye(s) with reservations: none ; 1 No(es): Senator(s) DeCorte; and 1 Excused: Senator(s) Kanuha. |
| Jan 28, 2026 | The committee(s) on TRS has scheduled a public hearing on 02-03-26 3:00PM; Conference Room 229 & Videoconference. |
| Jan 28, 2026 | Referred to TRS, JDC. |
| Jan 21, 2026 | Introduced and passed First Reading. |
| Jan 16, 2026 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Mar 24, 2026 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Transportation |
Passed |
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| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
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| Feb 27, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Feb 3, 2026 | The committee(s) on TRS recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Big Island Brewhaus | ** Support | Feb 11, 2026 |
| County of Hawaiʻi, Office of the Prosecuting Attorney | *** Support | Feb 3, 2026 |
| County of Maui Police Department | *** Support | Feb 3, 2026 |
| Department of Transportation | ** Support | |
| Department of Customer Services of the City and County of Honolulu | ** Support | |
| Department of the Prosecuting Attorney, County of Maui | *** Support | Mar 23, 2026 |
| Department of Transportation | *** Support | Mar 23, 2026 |
| Department of Transportation, State of Hawaiʻi | *** Support | Feb 27, 2026 |
| Hawaii Police Department (County of Hawai‘i) | *** Support | Feb 27, 2026 |
| Hawaiʻi Police Department | ** Support | |
| Hawai‘i Police Department (HPD) | *** Support | Mar 23, 2026 |
| Kauaʻi Island Brewing Co | ** Support | Feb 11, 2026 |
| Kaua‘i Police Department | *** Support | Mar 23, 2026 |
| Keiki Injury Prevention Coalition | *** Support | Mar 23, 2026 |
| Lanikai Brewing Company LLC | ** Support | Feb 11, 2026 |
| Maui Brewing Co. | ** Support | |
| Maui Chamber of Commerce | *** Support | Mar 23, 2026 |
| Maui County Police Department | ** Support | Feb 11, 2026 |
| Oahu Metropolitan Planning Organization | *** Support | Mar 23, 2026 |
| Office of the Governor | *** Support | Mar 23, 2026 |
| Office of the Prosecuting Attorney, County of Hawai‘i | *** Support | Mar 23, 2026 |
| Office of the Public Defender | *** Against | Mar 23, 2026 |
| State of Hawaiʻi Organization of Police Officers (SHOPO) | *** Support | Mar 23, 2026 |
STAND. COM. REP. NO. 3074
Honolulu, Hawaii
RE: S.B. No. 2392
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 2392, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO TRAFFIC SAFETY,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Specify that operating a vehicle under the influence of an intoxicant while a highly intoxicated driver is a misdemeanor for a first offense, or any offense not preceded within a ten-year period by a conviction for an offense under sections 291E-4(a) and 291E-61, Hawaii Revised Statutes;
(2) Specify and impose additional sentencing and probation requirements for a person convicted of a misdemeanor for operating a vehicle under the influence of an intoxicant offense;
(3) Upgrade the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver to a class C felony under certain conditions;
(4) Specify and impose additional sentencing and probation requirements for a class C felony offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver; and
(5) Prohibit a deferred acceptance of guilty plea for persons convicted of operating a vehicle under the influence of an intoxicant.
Your Committee received testimony in support of this measure from the Department of Transportation, Department of Customer Services of the City and County of Honolulu, Department of the Prosecuting Attorney of the County of Maui, Office of the Prosecuting Attorney of the County of Hawaii, Hawaiʻi Police Department, Kauaʻi Police Department, Keiki Injury Prevention Coalition, Oahu Metropolitan Planning Organization, Maui Brewing Co., and one individual.
Your Committee received comments on this measure from the Judiciary.
Your Committee finds that 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. Your Committee further finds that many traffic collisions and fatalities involve "highly intoxicated" impaired drivers, and that there is a need to take appropriate action to promote public health and protect public safety. Your Committee also finds that while 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, these enhancements are limited to additional fines, minimal jail time, and an additional driver's license revocation period, and are not sufficient to address the concerns and deter this hazardous conduct. This measure improves traffic safety and reduces serious injuries and fatalities caused by impaired driving.
Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2392, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2392, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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Date
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Testimony PDF
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|---|---|
| Mar 23, 2026 | SB2392_SD2_TESTIMONY_TRN_03-24-26_.PDF |
| Feb 27, 2026 | SB2392_SD1_TESTIMONY_JDC_02-27-26_.PDF |
| Feb 3, 2026 | SB2392_TESTIMONY_TRS_02-03-26_.PDF |
Discussed in Hearing
6MIN
House Standing Committee on Transportation
1MIN
Senate Standing Committee on Judiciary
22MIN
Senate Standing Committee on Transportation
2MIN
Senate Standing Committee on Transportation
Bill Author
