§286-243  Implied consent requirements for
commercial motor vehicle drivers.  (a)  A person who drives a commercial
motor vehicle within this State is deemed to have given consent to submit to a
test or tests, approved by the director of health, of that person's blood or
breath for the purpose of determining that person's alcohol concentration or
the presence of controlled substances, or both.



(b)  A test or tests may be administered at the
direction of a law enforcement officer who, after lawfully stopping or
detaining the commercial motor vehicle driver, has probable cause to believe
that the driver was driving a commercial motor vehicle while having in the
person's body alcohol, a controlled substance, or any drug which impairs
driving.



(c)  A person requested to submit to a test as
provided in subsection (a) shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test will result in:



(1)  The officer immediately issuing a twenty-four
hour out-of-service order under section 286-242; and



(2)  The person being disqualified from operating a
commercial motor vehicle for at least a one-year period under section 286-240.



(d)  If the driver refuses testing, or submits
to a test which discloses in the driver's body an alcohol concentration of 0.04
per cent or more by weight, the law enforcement officer shall submit an
affidavit to a district judge of the circuit in which the driver was stopped or
detained stating that the test was authorized pursuant to subsection (a) and
that the driver refused to submit to testing, or submitted to a test which
disclosed in the driver's body an alcohol concentration of 0.04 per cent or
more by weight.



(e)  A hearing to determine the truth and
correctness of an affidavit of a law enforcement officer submitted under
subsection (d) shall be scheduled to commence before a district judge within
twenty days after the affidavit is filed or as soon thereafter as is
practicable.



The State shall be represented at the hearing
by the prosecuting attorney of the county in which the alleged violation
occurred.  The district judge shall hear and determine:



(1)  Whether the law enforcement officer who stopped
or detained the driver had probable cause to believe that the driver had been
either driving or in actual physical control of a commercial motor vehicle
while having any alcohol in the driver's body;



(2)  Whether the driver was lawfully stopped or
detained;



(3)  Whether the law enforcement officer informed the
driver of the sanctions of section 286-240;



(4)  Whether the driver submitted to a test or tests
of the driver's breath or blood or refused to be tested; and



(5)  If the driver submitted to a test or tests,
whether the driver's alcohol concentration was 0.04 per cent or more by weight.



The amount of alcohol found in the driver's blood
within three hours after the time of the alleged violation as shown by chemical
analysis or other analytical techniques of the defendant's blood or breath
shall be competent evidence that the defendant was under the influence of
intoxicating liquor at the time of the alleged violation.  Nothing in this
section shall be construed as limiting the introduction of relevant evidence of
a person's blood alcohol content obtained more than three hours after an
alleged violation, provided that the evidence is offered in compliance with the
Hawaii rules of evidence.  If the judge finds the statements contained in the
affidavit are true, the judge shall disqualify the driver from driving a
commercial motor vehicle as provided by section 286-240. [L 1989, c 320, pt of
§2; am L 1990, c 342, §12; am L 1993, c 268, §7]