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

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

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

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

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

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

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

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

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

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

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

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

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

 

Case Notes

 

  Where a plain reading of this section indicates that thephrase "any proceeding under part III" refers to administrativelicense revocations, trial court erred in upholding hearing officer's rulingthat subsection (c) applies only to criminal prosecutions and has noapplication to administrative driver's license revocation office cases.  109 H.220, 124 P.3d 965.