PART I. GENERAL PROVISIONS

 

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

"Administrative revocation" meanstermination of the respondent's:

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

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

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

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

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

"Alcohol enforcement contact" means:

(1)  Any administrative revocation ordered pursuant topart III;

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

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

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

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

"Certified substance abuse counselor"means any person certified by the department of health pursuant to section321-193(10), or any other substance abuse specialist or medical practitionerthe director of health may appoint to carry out the functions of a certifiedsubstance abuse counselor under this chapter.

"Director" means the administrativedirector of the courts or any other person within the judiciary appointed bythe director to conduct administrative reviews or hearings or carry out otherfunctions 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 itsmetabolites.

"Drug enforcement contact" means:

(1)  Any administrative revocation ordered pursuant topart III;

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

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

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

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

"Highly intoxicated driver" means aperson whose measurable amount of alcohol is 0.15 or more grams of alcohol perone hundred milliliters or cubic centimeters of the person's blood, or 0.15 ormore 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 asthe respondent; or

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

"Ignition interlock device" [Definitioneffective January 1, 2011.] means a device certified by the director oftransportation and approved for use pursuant to section 291E-6 and rules adoptedthereunder that, when affixed to the ignition system of a motor vehicle,prevents the vehicle from being started without first testing, and thereafterfrom being operated without periodically retesting, a deep-lung breath sampleof the person required to use the device that indicates the person's alcoholconcentration is less than .02.

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

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

"Law enforcement officer" means anypublic servant, whether employed by the State, a county, or by the UnitedStates, vested by law with a duty to maintain public order or to make arrestsfor offenses or to enforce the criminal laws, and includes a conservation andresources enforcement officer as specified in section 199-3.

"License" means any driver's licenseor any other license or permit to operate a motor vehicle issued under, orgranted 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 motorvehicle, regardless of whether the person holds a valid license;

(3)  Any nonresident's operating privilege; and

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

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

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

"Motor vehicle" has the same meaningas 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 inthis State.

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

"Number plates" refer to the numberplates 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 thatare required to be attached on a motor vehicle pursuant to sections 249-1 to249-13.

"Operate" means to drive or assumeactual physical control of a vehicle upon a public way, street, road, orhighway or to navigate or otherwise use or assume physical control of a vesselunderway on or in the waters of the State.

"Operator" means a person who drivesor 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 screeningdevice" means a device designed to detect and verify the presence ofalcohol or provide an estimated value of alcohol concentration.

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

"Public way, street, road, orhighway" includes:

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

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

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

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

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

"Repeat intoxicated driver" means aperson who previously:

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

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

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

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

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

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

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

"Respondent" means a person to whom anotice of administrative revocation has been issued following an arrest for aviolation of section 291E-61 or 291E-61.5 or following the collection of ablood or urine sample from the person, pursuant to section 291E-21, becausethere was probable cause to believe that the person has violated section291E-61 or 291E-61.5.

"State" means:  any state orpossession of the United States; the District of Columbia; the Commonwealth ofPuerto Rico; the United States Virgin Islands; American Samoa; Guam; anyprovince or territory of the Dominion of Canada; and the Commonwealth of theNorthern Mariana Islands, except when the word, in context, clearly refers tothe State of Hawaii.

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

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

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

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

"Under the influence" means that aperson:

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

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

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

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

"Underway" means that a vessel is notat anchor, made fast to the shore, or aground.

"Vehicle" includes a:

(1)  Motor vehicle;

(2)  Moped; and

(3)  Vessel.

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

"Waters of the State" means anywaters within the jurisdiction of the State, the marginal seas adjacent to theState, and the high seas when navigated as part of a journey or ride to or fromthe shore of the State. [L 2000, c 189, pt of §23; am L 2001, c 157, §10; am L2004, 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 putdefendant on notice that the term "vehicle" includes mopeds andvessels, as the term "vehicle" is a term of ordinary usage and broadenough to inform a person of ordinary intelligence that it would include ameans of ground transportation such as a moped.  108 H. 78, 117 P.3d 109.