§286-136  Penalty.  (a)  Except asprovided in subsection (b), any person who violates section 286-102, 286-122,286-130, 286-131, 286-132, 286-133, or 286-134 shall be fined not more than$1,000 or imprisoned not more than thirty days, or both.  Any person whoviolates any other section in this part shall be fined not more than $1,000.

(b)  Any person who is convicted of violatingsection 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shallbe subject to a minimum fine of $500 and a maximum fine of $1,000, orimprisoned not more than one year, or both, if the person has two or more priorconvictions for the same offense in the preceding five-year period.

(c)  Notwithstanding subsections (a) and (b), aminor under the age of eighteen under the jurisdiction of the family court whois subject to this section shall either lose the right to drive a motor vehicleuntil the age of eighteen or be subject to a fine of $500. [L 1967, c 214, ptof §2; HRS §286-136; am L 1993, c 214, §7; am L 1996, c 169, §3; am L 2003, c69, §5]

 

Case Notes

 

  Under subsection (b)(1996), it is the date the defendantcommitted the current offense for which he or she is being prosecuted that isused to determine whether the defendant has two or more prior convictions forthe same offense in the preceding five-year period .  118 H. 259 (App.), 188P.3d 773.