§291E-3  Evidence of intoxication.  (a) 
In any criminal prosecution for a violation of section 291E-61 or 291E-61.5 or
in any proceeding under part III:



(1)  .08 or more grams of alcohol per one hundred
milliliters or cubic centimeters of the person's blood;



(2)  .08 or more grams of alcohol per two hundred ten
liters of the person's breath; or



(3)  The presence of one or more drugs in an amount
sufficient to impair the person's ability to operate a vehicle in a careful and
prudent manner,



within three hours after the time of the alleged
violation as shown by chemical analysis or other approved analytical techniques
of the person's blood, breath, or urine shall be competent evidence that the
person was under the influence of an intoxicant at the time of the alleged
violation.



(b)  In any criminal prosecution for a
violation of section 291E-61 or 291E-61.5, the amount of alcohol found in the
defendant's blood or breath within three hours after the time of the alleged
violation as shown by chemical analysis or other approved analytical techniques
of the defendant's blood or breath shall be competent evidence concerning
whether the defendant was under the influence of an intoxicant at the time of
the alleged violation and shall give rise to the following presumptions:



(1)  If there were .05 or less grams of alcohol per
one hundred milliliters or cubic centimeters of defendant's blood or .05 or
less grams of alcohol per two hundred ten liters of defendant's breath, it
shall be presumed that the defendant was not under the influence of alcohol at
the time of the alleged violation; and



(2)  If there were in excess of .05 grams of alcohol
per one hundred milliliters or cubic centimeters of defendant's blood or .05
grams of alcohol per two hundred ten liters of defendant's breath, but less
than .08 grams of alcohol per one hundred milliliters or cubic centimeters of
defendant's blood or .08 grams of alcohol per two hundred ten liters of
defendant's breath, that fact may be considered with other competent evidence
in determining whether the defendant was under the influence of alcohol at the
time of the alleged violation, but shall not of itself give rise to any
presumption.



(c)  In any criminal prosecution for a
violation of section 291E-61 or in any proceeding under part III:



(1)  .15 or more grams of alcohol per one hundred
milliliters or cubic centimeters of the person's blood; or



(2)  .15 or more grams of alcohol per two hundred ten
liters of the person's breath,



within three hours after the time of the alleged violation
as shown by chemical analysis or other approved analytical techniques of the
person's blood, breath, or urine shall be competent evidence that the person
was a highly intoxicated driver at the time of the alleged violation.



(d)  Nothing in this section shall be construed
as limiting the introduction, in any criminal proceeding for a violation under
section 291E-61 or 291E-61.5 or in any proceeding under part III, of relevant
evidence of a person's alcohol concentration or drug content obtained more than
three hours after an alleged violation; provided that the evidence is offered
in compliance with the Hawaii rules of evidence. [L 2000, c 189, pt of §23; am
L 2004, c 90, §3; am L 2007, c 198, §2]



 



Case Notes



 



  Where a plain reading of this section indicates that the
phrase "any proceeding under part III" refers to administrative
license revocations, trial court erred in upholding hearing officer's ruling
that subsection (c) applies only to criminal prosecutions and has no
application to administrative driver's license revocation office cases.  109 H.
220, 124 P.3d 965.