PART I. 
GENERAL PROVISIONS



 



§291E-1  Definitions.  As used in this
chapter, unless the context otherwise requires:



"Administrative revocation" means
termination of the respondent's:



(1)  License and the privilege to operate a vessel
underway on or in the waters of the State pursuant to part III; and



(2)  Registration of any motor vehicle registered to a
respondent found to be a repeat intoxicated driver,



but does not include any revocation imposed under
section 291E-61 or 291E-61.5.



"Alcohol" means the product of
distillation of any fermented liquid, regardless of whether rectified, whatever
may be the origin thereof, and includes ethyl alcohol, lower aliphatic alcohol,
and phenol as well as synthetic ethyl alcohol, but not denatured or other
alcohol that is considered not potable under the customs laws of the United States.



"Alcohol concentration" means either
grams of alcohol per one hundred milliliters or cubic centimeters of blood or
grams of alcohol per two hundred ten liters of breath.



"Alcohol enforcement contact" means:



(1)  Any administrative revocation ordered pursuant to
part III;



(2)  Any administrative revocation ordered pursuant to
part XIV of chapter 286, as that part was in effect on or before December 31,
2001;



(3)  Any suspension or revocation of any license or
motor vehicle registration, or both, or any suspension or revocation of a
privilege to operate a vessel underway imposed by this or any other state or
federal jurisdiction for refusing to submit to a test for alcohol concentration;



(4)  Any conviction in this State for operating or
being in physical control of a vehicle while having an unlawful alcohol
concentration or while under the influence of alcohol; or



(5)  Any conviction in any other state or federal
jurisdiction for an offense that is comparable to operating or being in
physical control of a vehicle while having an unlawful alcohol concentration or
while under the influence of alcohol.



"Certified substance abuse counselor"
means any person certified by the department of health pursuant to section
321-193(10), or any other substance abuse specialist or medical practitioner
the director of health may appoint to carry out the functions of a certified
substance abuse counselor under this chapter.



"Director" means the administrative
director of the courts or any other person within the judiciary appointed by
the director to conduct administrative reviews or hearings or carry out other
functions relating to administrative revocation under part III.



"Drug" means any controlled substance,
as defined and enumerated in schedules I through IV of chapter 329, or its
metabolites.



"Drug enforcement contact" means:



(1)  Any administrative revocation ordered pursuant to
part III;



(2)  Any administrative revocation ordered pursuant to
part XIV of chapter 286, as that part was in effect on or before December 31,
2001;



(3)  Any suspension or revocation of license or any
suspension or revocation of a privilege to operate a vessel underway imposed by
this or any other state or federal jurisdiction for refusing to submit to a
test for drug content in the person's blood or urine;



(4)  Any conviction in this State for operating or
being in physical control of a vehicle while having an unlawful drug content in
the blood or urine or while under the influence of drugs; or



(5)  Any conviction in any other state or federal
jurisdiction for an offense that is comparable to operating or being in
physical control of a vehicle while having an unlawful drug content in the
blood or urine or while under the influence of drugs.



"Highly intoxicated driver" means a
person whose measurable amount of alcohol is 0.15 or more grams of alcohol per
one hundred milliliters or cubic centimeters of the person's blood, or 0.15 or
more grams of alcohol per two hundred ten liters of the person's breath.



"Household member" means:



(1)  Persons who reside in the same dwelling unit as
the respondent; or



(2)  Persons under twenty-one years of age who are
related to the respondent by marriage, blood, or adoption,  regardless of whether
they reside in the same dwelling unit with the respondent.



"Ignition interlock device" [Definition
effective January 1, 2011.] means a device certified by the director of
transportation and approved for use pursuant to section 291E-6 and rules adopted
thereunder that, when affixed to the ignition system of a motor vehicle,
prevents the vehicle from being started without first testing, and thereafter
from being operated without periodically retesting, a deep-lung breath sample
of the person required to use the device that indicates the person's alcohol
concentration is less than .02.



"Impair" means to weaken, to lessen
in power, to diminish, to damage, or to make worse by diminishing in some
material respect or otherwise affecting in an injurious manner.



"Intoxicant" means alcohol or any
drug, as defined in this section.



"Law enforcement officer" means any
public servant, whether employed by the State, a county, or by the United
States, vested by law with a duty to maintain public order or to make arrests
for offenses or to enforce the criminal laws, and includes a conservation and
resources enforcement officer as specified in section 199-3.



"License" means any driver's license
or any other license or permit to operate a motor vehicle issued under, or
granted by, the laws of this State and includes:



(1)  Any learner's permit or instruction permit;



(2)  The privilege of any person to operate a motor
vehicle, regardless of whether the person holds a valid license;



(3)  Any nonresident's operating privilege; and



(4)  The eligibility, including future eligibility, of
any person to apply for a license or privilege to operate a motor vehicle.



"Measurable amount of alcohol" means
a test result equal to or greater than .02 but less than .08 grams of alcohol
per one hundred milliliters or cubic centimeters of blood or equal to or
greater than .02 but less than .08 grams of alcohol per two hundred ten liters
of breath.



"Moped" has the same meaning as in
section 291C-1.



"Motor vehicle" has the same meaning
as in section 291C-1, except that it specifically includes a moped.



"Nonresident's operating privilege"
means the privilege conferred by law upon a nonresident to operate a vehicle in
this State.



"Notice of administrative revocation"
or "notice" means the written notice issued to the respondent
pursuant to section 291E-33.



"Number plates" refer to the number
plates or special number plates, which are commonly known as license plates,
that are issued under sections 249-9, 249-9.1, 249-9.2, and 249-9.3 and that
are required to be attached on a motor vehicle pursuant to sections 249-1 to
249-13.



"Operate" means to drive or assume
actual physical control of a vehicle upon a public way, street, road, or
highway or to navigate or otherwise use or assume physical control of a vessel
underway on or in the waters of the State.



"Operator" means a person who drives
or assumes actual physical control of a vehicle or a person who operates,
navigates, or who has an essential role in the operation of a vessel underway.



"Preliminary alcohol screening
device" means a device designed to detect and verify the presence of
alcohol or provide an estimated value of alcohol concentration.



"Privilege" refers to the authority
to operate a vessel underway on or in the waters of the State.



"Public way, street, road, or
highway" includes:



(1)  The entire width, including berm or shoulder, of
every road, alley, street, way, right of way, lane, trail, highway, or bridge;



(2)  A parking lot, when any part thereof is open for
use by the public or to which the public is invited for entertainment or
business purposes;



(3)  Any bicycle lane, bicycle path, bicycle route,
bikeway, controlled-access highway, laned roadway, roadway, or street, as
defined in section 291C-1; or



(4)  Any public highway, as defined in section 264-1.



"Qualified household member" means a
household member of the respondent who has a license that has not expired or
been suspended or revoked.



"Repeat intoxicated driver" means a
person who previously:



(1)  Has been convicted, during the five years
preceding the date of arrest, of one or more violations under:



(A)  Section 291E-61 or 291E-61.5, as a result
of having consumed alcohol; or



(B)  Section 291-4 or 291-4.4, as those
sections were in effect on or before December 31, 2001;



(2)  Has been convicted, during the ten years
preceding the date of arrest, of three or more violations under:



(A)  Section 291E-61 or 291E-61.5, as a result
of having consumed alcohol; or



(B)  Section 291-4 or 291-4.4, as those
sections were in effect on or before December 31, 2001; or



(3)  Has had one prior alcohol enforcement contact
during the five years preceding the date of arrest, two prior alcohol
enforcement contacts during the seven years preceding the date of arrest, or
three or more prior alcohol enforcement contacts during the ten years preceding
the date of arrest.



"Respondent" means a person to whom a
notice of administrative revocation has been issued following an arrest for a
violation of section 291E-61 or 291E-61.5 or following the collection of a
blood or urine sample from the person, pursuant to section 291E-21, because
there was probable cause to believe that the person has violated section
291E-61 or 291E-61.5.



"State" means:  any state or
possession of the United States; the District of Columbia; the Commonwealth of
Puerto Rico; the United States Virgin Islands; American Samoa; Guam; any
province or territory of the Dominion of Canada; and the Commonwealth of the
Northern Mariana Islands, except when the word, in context, clearly refers to
the State of Hawaii.



"Substance" and "substance
abuse" have the same meanings as provided in section 321-191.



"Temporary number plates" refers to
the temporary number plates given, along with the temporary vehicle
registration, to a respondent pursuant to section 291E-33, but does not include
a temporary number plate attached to a new vehicle pursuant to sections 249-7.5
and 286-53.



"Temporary permit" means that portion
of the notice of administrative revocation that, when completed by a law
enforcement officer, permits the respondent to operate a vehicle for thirty
days in the case of an alcohol related offense and forty-four days in the case
of a drug related offense or until such time as the director may establish
under part III.



"Temporary vehicle registration"
means the portion of the notice of administrative revocation that, when
completed by the arresting law enforcement officer, permits the respondent to
drive a vehicle registered in the name of the respondent for thirty days or until
the time established by the director under part III.



"Under the influence" means that a
person:



(1)  Is under the influence of alcohol in an amount
sufficient to impair the person's normal mental faculties or ability to care
for the person and guard against casualty;



(2)  Is under the influence of any drug that impairs
the person's ability to operate the vehicle in a careful and prudent manner;



(3)  Has .08 or more grams of alcohol per two hundred
ten liters of the person's breath; or



(4)  Has .08 or more grams of alcohol per one hundred
milliliters or cubic centimeters of the person's blood.



"Underway" means that a vessel is not
at anchor, made fast to the shore, or aground.



"Vehicle" includes a:



(1)  Motor vehicle;



(2)  Moped; and



(3)  Vessel.



"Vessel" means all description of
watercraft that are used or are capable of being used as a means of
transportation on or in the water.



"Waters of the State" means any
waters within the jurisdiction of the State, the marginal seas adjacent to the
State, and the high seas when navigated as part of a journey or ride to or from
the shore of the State. [L 2000, c 189, pt of §23; am L 2001, c 157, §10; am L
2004, c 90, §2; am L 2006, c 201, §1; am L 2007, c 198, §1; am L 2008, c 171, §4;
am L 2009, c 88, §13]



 



Case Notes



 



  Honolulu police department form 396B prohibiting operation of
"a vehicle" in the event of license revocation did adequately put
defendant on notice that the term "vehicle" includes mopeds and
vessels, as the term "vehicle" is a term of ordinary usage and broad
enough to inform a person of ordinary intelligence that it would include a
means of ground transportation such as a moped.  108 H. 78, 117 P.3d 109.