reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291D. Adjudication of Traffic Infractions › 291D-14 Rules.

§291D-14 Rules.
(a) The supreme court may adopt rules of procedure for the conduct of all proceedings pursuant to this chapter.
(b) Chapter 626 shall not apply in proceedings conducted pursuant to this chapter, except for the rules governing privileged communications, and proceedings conducted under section 291D-13.
(c) Notwithstanding section 604-17, while the court is sitting in any matter pursuant to this chapter, the court shall not be required to preserve the testimony or proceedings, except proceedings conducted pursuant to section 291D-13 and proceedings in which the traffic infraction or emergency period infraction is heard on the same date and time as any related criminal offense.
(d) The prosecuting attorney shall not participate in traffic infraction or emergency period infraction proceedings conducted pursuant to this chapter, except proceedings pursuant to section 291D-13 and proceedings in which a related criminal offense is scheduled for arraignment, hearing, or concurrent trial.
(e) Chapter 91 shall not apply in proceedings before the court.
(f) Except as otherwise provided in section 291D-3, chapter 571 and the Hawaii family court rules shall not apply in any proceedings conducted pursuant to this chapter. [L 1993, c 214, pt of §2; am L 2007, c 85, §10; am L 2021, c 185, §15]
Rules of Court
Procedure, see Hawaii Civil Traffic Rules.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-2 Medical services.

§291E-2 Medical services.
The several county and state government physicians shall, or any other qualified person may, make whatever tests and analyses as may be requested of them by any law enforcement officer in connection with the determination of whether a person is or was under the influence of an intoxicant or has consumed a measurable amount of alcohol for any purpose under this chapter. [L 2000, c 189, pt of §23]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-4 Convictions and acts prior to January 1, 2002.

§291E-4 Convictions and acts prior to January 1, 2002.
(a) Any:
(1) Conviction for an offense under section 200-81, 291-4, 291-4.4, or 291-7 as those sections were in effect on December 31, 2001;
(2) 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 either an unlawful alcohol concentration or an unlawful drug content in the blood or urine or while under the influence of an intoxicant; or
(3) Adjudication of a minor for a law violation that, if committed by an adult, would constitute a violation of section 200-81, 291-4, 291-4.4, 291-4.5, or 291-7 as those sections were in effect on December 31, 2001;
shall be counted as a prior offense for purposes of section 291E-41, 291E-61, or 291E-61.5.
(b) Any conviction of an offense under section 291-4, 291-4.4, 291-4.5, or 291-7 as those sections were in effect on December 31, 2001, shall be counted for purposes of imposing sentence for a violation under section 291E-62. [L 2000, c 189, pt of §23; am L 2003, c 71, §2; am L 2004, c 90, §4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-5 Ignition interlock user affordability.

§291E-5 Ignition interlock user affordability.
The director of transportation shall contract with the selected ignition interlock vendor to provide partial financial relief for the installation and the periodic calibration charges to offenders who apply for such assistance and who are recipients, at the time of license revocation or suspension, of either food stamps under the Supplemental Nutrition Assistance Program, or free services under the Older Americans Act or Developmentally Disabled Assistance and Bill of Rights Act. [L 2008, c 171, pt of §2; am L 2009, c 88, § §2, 13, 17(2); am L 2010, c 166, §7]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-6 Ignition interlock devices; certification.

§291E-6 Ignition interlock devices; certification.
(a) The director of transportation shall establish and administer a statewide program relating to certification and monitoring of ignition interlock devices installed pursuant to chapter 291E and shall select a single vendor to install and maintain them.
(b) The program shall include standards and procedures for the certification of ignition interlock devices installed pursuant to chapter 291E. At a minimum, the standards shall require that the devices:
(1) Be certified by an independent laboratory to meet or exceed the guidelines published by the National Highway Traffic Safety Administration;
(2) Operate using an alcohol-specific sensor technology;
(3) Employ a digital camera by which a photograph of the person using the device can be incorporated into the electronic record generated by each use of the device;
(4) Require a rolling retest by which the driver must, within a specified period of time or distance driven after starting the vehicle, be retested and found to have an alcohol concentration of less than .02, with a margin of error of .01; and
(5) Generate a record of vehicle usage, including dates and times driven.
(c) The program shall include standards and procedures for the certification of the vendor selected to install and maintain ignition interlock devices pursuant to chapter 291E. At a minimum, the standards shall require that the vendor:
(1) Install only an ignition interlock device that is certified pursuant to this section;
(2) Offer or contract for ignition interlock device installation and maintenance statewide;
(3) Train drivers who are required to install an ignition interlock device, pursuant to chapter 291E, in how to use the device;
(4) Schedule the driver for all necessary readings and maintenance of the device; and
(5) Provide periodic reports regarding the use of each ignition interlock device installed pursuant to chapter 291E, including incidents of test failure, attempts to circumvent the device, and dates, times, and distances the vehicle was driven.
(d) The vendor selected for installation and maintenance of ignition interlock devices pursuant to chapter 291E shall be audited annually by the director of transportation pursuant to this section and the rules adopted thereunder. The director of transportation may require the vendor to pay for all or part of the costs incurred in conducting the audit.
(e) The director of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 2008, c 171, pt of §2; am L 2009, c 88, § §3, 13, 17(2); am L 2010, c 4, §3 and c 166, §8; am L 2012, c 327, §8]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-7 Trauma system surcharge.

§291E-7 Trauma system surcharge.
(a) In addition to any other civil penalties ordered by the court, a person who violates any offense under this part may be ordered to pay a trauma system surcharge, provided that:
(1) The maximum of which may be $10 if the violator is not already required to pay a trauma system surcharge pursuant to the violation of the offense;
(2) The maximum of which may be $25 if the violation is an offense under section 291E-61(a)(1), 291E-61(a)(3), or 291E-61(a)(4);
(3) The maximum of which may be $50 if the violation is an offense under section 291E-61(a)(2) or 291E-61.5 or if the offense under section 291E-61(a)(3) or 291E-61(a)(4) is a second or subsequent offense that occurred within five years of the first offense.
(b) The surcharge shall not be ordered when the court determines that the defendant is unable to pay the surcharge.
(c) The person shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the state director of finance who shall transmit the surcharge to the trauma system special fund pursuant to section 321-22.5. [L 2008, c 231, §3; am L 2010, c 166, §9]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-8 Drug and alcohol toxicology testing laboratory special fund; established.

§291E-8 Drug and alcohol toxicology testing laboratory special fund; established.
(a) There is established in the state treasury a drug and alcohol toxicology testing laboratory special fund, into which shall be deposited:
(1) All fines collected pursuant to sections 291E-61(b)(2)(E), 291E-61.5(c)(2)(C), and 291E-62(c);
(2) Moneys appropriated by the legislature to the fund;
(3) Other grants and gifts made to the fund; and
(4) Any income and interest earned on the balance of the fund.
(b) Moneys in the drug and alcohol toxicology testing laboratory special fund shall be administered and expended by the department of transportation, or appropriated as a grant-in-aid to the emergency services department of a county with a population of five hundred thousand or more, to support a drug and alcohol toxicology testing laboratory. [L 2021, c 196, §2; am L 2023, c 148, §3]
Note
Drug and alcohol toxicology testing laboratory special fund abolished and repealed on June 30, 2028. L 2021, c 196, §9; L 2023, c 148, §8(1).
Department of health reports to 2023-2024 legislature on the expenditures made from the state drug and alcohol toxicology testing laboratory special fund. L 2021, c 196, §8.
Department of transportation or city and county of Honolulu emergency services department reports to 2025-2026 legislature on the expenditures made from the drug and alcohol toxicology testing laboratory special fund. L 2023, c 148, §14.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-12 Persons qualified to take blood specimen.

§291E-12 Persons qualified to take blood specimen.
No person, other than a physician, physician assistant, registered nurse, or phlebotomist deemed qualified by the director of a clinical laboratory that is licensed by the State, or person licensed in a clinical laboratory occupation under section 321-13, may withdraw blood for the purpose of determining the alcohol concentration or drug content therein. This limitation shall not apply to the taking of a breath or urine specimen. [L 2000, c 189, pt of §23; am L 2009, c 151, §6]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-13 Additional tests.

§291E-13 Additional tests.
The person tested may choose any physician, physician assistant, registered nurse, or person licensed in a clinical laboratory occupation under section 321-13 to withdraw blood and also may choose any qualified person to administer a test or tests in addition to any administered at the direction of a law enforcement officer. The result of the test or tests may be used as provided in section 291E-3. The failure or inability to obtain an additional test by a person shall not preclude the admission of the test or tests administered at the direction of a law enforcement officer. Upon the request of the person who is tested, full information concerning the test or tests administered shall be made available to that person. [L 2000, c 189, pt of §23; am L 2009, c 151, §7]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-14 Consent of person incapable of refusal not withdrawn.

§291E-14 Consent of person incapable of refusal not withdrawn.
The consent of a person deemed to have given the person's consent pursuant to section 291E-11 shall not be withdrawn by reason of the person's being dead, unconscious, or in any other condition that renders the person incapable of consenting to examination, and the test may be given. In such event, a test of the person's blood or urine shall be administered. [L 2000, c 189, pt of §23]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-15 Refusal to submit to breath, blood, or urine test; subject to administrative revocation proceedings.

§291E-15 Refusal to submit to breath, blood, or urine test; subject to administrative revocation proceedings.
If a person under arrest refuses to submit to a breath, blood, or urine test, none shall be given, except as provided in section 291E-21, or pursuant to a search warrant issued by a judge upon a finding of probable cause supported by oath or affirmation, or pursuant to any other basis permissible under the Constitution of the State of Hawaii and laws of this State. Upon the law enforcement officer's determination that the person under arrest has refused to submit to a breath, blood, or urine test, if applicable, then a law enforcement officer shall:
(1) Inform the person under arrest of the sanctions under section 291E-41 or 291E-65; and
(2) Ask the person if the person still refuses to submit to a breath, blood, or urine test, thereby subjecting the person to the procedures and sanctions under part III or section 291E-65, as applicable;
provided that if the law enforcement officer fails to comply with paragraphs (1) and (2), the person shall not be subject to the refusal sanctions under part III or IV. [L 2000, c 189, pt of §23; am L 2006, c 64, §2; am L 2009, c 88, § §4, 17(1); am L 2010, c 166, §10; am L 2016, c 17, §1; am L 2021, c 60, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-17 Other evidence not excluded.

§291E-17 Other evidence not excluded.
This part shall not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of an intoxicant or was operating a vehicle while under the age of twenty-one and after consuming a measurable amount of alcohol. [L 2000, c 189, pt of §23]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-18 Test results to be collected.

§291E-18 Test results to be collected.
The results of any test for intoxicants made upon any person, including any person who has been fatally injured in a traffic collision or the operator of a vehicle involved in a collision that resulted in another person's death, shall be sent to the state director of transportation, who shall compile the data without revealing the identity of any individual tested. This data shall be available only to the state and county highway safety councils and to other agencies the director of transportation deems necessary and advisable. [L 2000, c 189, pt of §23]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-19 Authorization to establish intoxicant control roadblock programs.

§291E-19 Authorization to establish intoxicant control roadblock programs.
The police departments of the respective counties may establish and implement intoxicant control roadblock programs in accordance with the minimum standards and guidelines provided in section 291E-20. The chief of police in any county establishing an intoxicant control roadblock program pursuant to this section shall specify the procedures to be followed in carrying out the program in rules adopted under chapter 91; provided that the procedures shall be in conformity with and not more intrusive than the standards and guidelines described in section 291E-20. In the case of internal police standards that do not fall within the definition of "rule" under section 91-1, failure to comply scrupulously with the internal police procedures shall not invalidate a roadblock that otherwise meets the minimum statutory criteria provided in section 291E-20. [L 2000, c 189, pt of §23; am L 2021, c 230, §4]
Law Journals and Reviews
Drunk, Driving, and Untouchable: The Implications of State v. Heapy on Reasonable Suspicion in Hawai`i. 31 UH L. Rev. 607 (2009).
Case Notes
Section 291E-20 does not authorize law enforcement officers conducting sobriety checkpoints to pursue and detain drivers of motor vehicles appearing to avoid the sobriety checkpoints in a lawful manner; permitting officers to do so was beyond the lawful scope of the statutory procedures and, therefore, more intrusive than the standards and guidelines described in §291E-20 and violative of this section. 113 H. 283, 151 P.3d 764 (2007).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-20 Minimum standards for roadblock procedures.

§291E-20 Minimum standards for roadblock procedures.
(a) Every intoxicant control roadblock program shall:
(1) Require that all vehicles approaching roadblocks be stopped or that certain vehicles be stopped by selecting vehicles in a specified numerical sequence or pattern;
(2) Require that roadblocks be located at fixed locations for a maximum three-hour period;
(3) Provide for the following minimum safety precautions at every roadblock:
(A) Proper illumination;
(B) Off-road or otherwise safe and secure holding areas for vehicles involved in any roadblock stop;
(C) Uniformed law enforcement officers carrying proper identification;
(D) Adequate advance warning of the fact and purpose of the roadblocks, either by sign posts, flares, or other alternative methods;
(E) Termination of roadblocks at the discretion of the law enforcement officer in charge where traffic congestion would otherwise result; and
(4) Provide for a sufficient quantity and visibility of uniformed officers and official vehicles to ensure speedy compliance with the purpose of the roadblocks and to move traffic with a minimum of inconvenience.
(b) Nothing in this section shall prohibit the establishment of procedures to make roadblock programs less intrusive than required by the minimum standards provided in this section. [L 2000, c 189, pt of §23]
Law Journals and Reviews
Drunk, Driving, and Untouchable: The Implications of State v. Heapy on Reasonable Suspicion in Hawai`i. 31 UH L. Rev. 607 (2009).
Case Notes
This section does not authorize law enforcement officers conducting sobriety checkpoints to pursue and detain drivers of motor vehicles appearing to avoid the sobriety checkpoints in a lawful manner; permitting officers to do so was beyond the lawful scope of the statutory procedures and, therefore, more intrusive than the standards and guidelines described in this section and violative of §291E-19. 113 H. 283, 151 P.3d 764 (2007).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-22 Presence of drugs or metabolic products; admissibility.

§291E-22 Presence of drugs or metabolic products; admissibility.
Any results reflecting the presence of drugs or metabolic products obtained from a blood or urine specimen obtained under this part shall not be admissible in any proceeding brought under chapter 329 or 712. [L 2000, c 189, pt of §23]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-31 Notice of administrative revocation; effect.

Rules of Court
See Hawaii Court Records Rules.
Case Notes
Due process rights not violated by administrative driver's license revocation hearing procedure where defendant was afforded a hearing where witnesses were called and defendant was represented by counsel, and hearing office advised counsel of the procedure that hearing officer was going to follow. 108 H. 31, 116 P.3d 673 (2005).
Administrative revocation (AR) of petitioner's driver's license reversed where hearing officer erred in considering the unsworn statements of the stopping officer that were included in the sworn police report of the arresting officer in determining that the police had reasonable suspicion to stop petitioner's car. The statutory scheme reveals the legislature's intent that sworn statements be submitted by police and other government officers playing crucial roles in the AR process and the importance the legislature placed on sworn statements by the officers as a means of ensuring the reliability of their statements and evidence used in the AR process. 130 H. 74 (App.), 305 P.3d 490 (2013).
§291E-31 Notice of administrative revocation; effect.
As used in this part, the notice of administrative revocation:
(1) Establishes that the respondent's license and privilege to operate a vehicle in the State or on or in the waters of the State shall be terminated:
(A) Thirty days after the date the notice of administrative revocation is issued in the case of an alcohol related offense;
(B) Forty-four days after the date the notice of administrative revocation is issued in the case of a drug related offense; or
(C) Such later date as is established by the director under section 291E-38,
if the director administratively revokes the respondent's license and privilege;
(2) Establishes the date on which administrative revocation proceedings against the respondent were initiated;
(3) Serves as a temporary permit, if applicable, to operate a vehicle as provided in section 291E-33; and
(4) Notifies the respondent that the respondent shall obtain an ignition interlock permit and keep an ignition interlock device installed and operating in any vehicle the respondent operates during the revocation period if the respondent had a valid license at the time of the arrest. [L 2000, c 189, pt of §23; am L 2001, c 157, §13; am L 2006, c 201, §2; am L 2010, c 166, §11; am L 2012, c 327, §9]
Case Notes
The administrative director of the courts (director) may not, in an administrative hearing filed pursuant to §291E-38, consider an offense occurring after the notice of administrative revocation has been issued under this section, as a basis for increasing an administrative revocation period already determined on administrative review by the director under § §291E-37 and 291E-41. 108 H. 350, 120 P.3d 249 (2005).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-32 Criminal prosecution.

§291E-32 Criminal prosecution.
(a) Criminal prosecution under section 291E-61 or 291E-61.5 may be commenced concurrently with administrative revocation proceedings under this part; provided that documentary and testimonial evidence provided by the respondent during the administrative proceeding shall not be admissible against the respondent in any proceeding under section 291E-61 or 291E-61.5 arising out of the same occurrence.
(b) When a person's license and privilege to operate a vehicle is revoked under this part and the person also is convicted of an offense under section 291E-61 or 291E-61.5 arising out of the same occurrence, the total period of revocation imposed in the two proceedings shall not exceed the longer period of revocation imposed in either proceeding. If the person is convicted under section 291E-61 or 291E-61.5 prior to completion of administrative proceedings, the person shall surrender the temporary permit issued under this part at the time of entry of a plea of guilty or no contest, entry of a verdict of guilty, or of sentencing, whichever occurs first. [L 2000, c 189, pt of §23; am L 2004, c 90, §7]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-35 Immediate restoration of license.

§291E-35 Immediate restoration of license.
(a) In cases involving an alcohol related offense, if a test conducted in accordance with part II and section 321-161 and the rules adopted thereunder shows that a respondent had an alcohol concentration less than .08, the director or the arresting law enforcement agency immediately shall return the respondent's license along with a certified statement that administrative revocation proceedings have been terminated with prejudice.
(b) In cases involving a drug related offense, if a test conducted in accordance with part II and section 321-161 and the rules adopted thereunder fails to show the presence, in the respondent's blood or urine, of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner, the director or the arresting law enforcement agency immediately shall return the respondent's license along with a certified statement that administrative revocation proceedings have been terminated with prejudice. [L 2000, c 189, pt of §23; am L 2001, c 157, §16; am L 2012, c 327, §12]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-39 Fees and costs.

§291E-39 Fees and costs.
The director may assess and collect a $30 fee from the respondent to cover the costs of processing the respondent's request for an administrative hearing. These costs include but shall not be limited to: the cost of photocopying documents; conditional license permits, temporary permits, and relicensing forms; interpreter services; and other similar costs; provided that the costs of issuing subpoenas for witnesses, including mileage fees, shall be borne by the party requesting the subpoena. The director may waive the fee in the case of an indigent respondent, upon an appropriate inquiry into the financial circumstances of the respondent seeking the waiver and an affidavit or a certificate signed by the respondent demonstrating the respondent's financial inability to pay the fee. [L 2000, c 189, pt of §23; am L 2001, c 157, §20; am L 2003, c 31, §1; am L 2012, c 327, §16]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-40 Judicial review; procedure.

§291E-40 Judicial review; procedure.
(a) If the director sustains the administrative revocation after an administrative hearing, the respondent, or parent or guardian of a respondent under the age of eighteen, may file a petition for judicial review within thirty days after the administrative hearing decision is mailed. The petition shall be filed with the clerk of the district court in the district in which the incident occurred and shall be accompanied by the required filing fee for civil actions. The filing of the petition shall not operate as a stay of the administrative revocation, nor shall the court stay the administrative revocation pending the outcome of the judicial review. The petition shall be appropriately captioned. The petition shall state with specificity the grounds upon which the petitioner seeks reversal of the administrative revocation.
(b) The court shall schedule the judicial review as quickly as practicable, and the review shall be on the record of the administrative hearing without taking of additional testimony or evidence. If the petitioner fails to appear without just cause or, in the case of a petitioner under the age of eighteen, the petitioner fails to appear with a parent or guardian, the court shall affirm the administrative revocation.
(c) The sole issues before the court shall be whether the director:
(1) Exceeded constitutional or statutory authority;
(2) Erroneously interpreted the law;
(3) Acted in an arbitrary or capricious manner;
(4) Committed an abuse of discretion; or
(5) Made a determination that was unsupported by the evidence in the record.
(d) The court shall not remand the matter back to the director for further proceedings consistent with its order. [L 2000, c 189, pt of §23]
Case Notes
As reference to the "court" in subsection (a) is to the district court, the supreme court is not precluded from remanding a case back to the administrative driver's license revocation office. 110 H. 407, 133 P.3d 1199 (2006).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-42 Notice to other states.

§291E-42 Notice to other states.
When a nonresident's driving and boating privileges, and motor vehicle registration if applicable, are administratively revoked under this part, the director shall:
(1) Notify, in writing, the officials in charge of traffic control, boating control, or public safety in the nonresident's home state, and in any other state in which the nonresident has driving and boating privileges, licenses, or any motor vehicles registered if applicable, of the action taken in this State; and
(2) Return to the appropriate issuing authority in the other states any license, and any motor vehicle registration and number plates if applicable, seized under section 291E-33. [L 2000, c 189, pt of §23; am L 2001, c 157, §22]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-43 Administrative procedure act.

§291E-43 Administrative procedure act.
Neither the administrative review nor the administrative hearing provided under this part shall be subject to the contested case requirements of chapter 91. The availability of administrative review of an order of administrative revocation shall have no effect upon the availability of judicial review under this part. [L 2000, c 189, pt of §23]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-45 Eligibility for relicensing and reregistration of motor vehicle.

§291E-45 Eligibility for relicensing and reregistration of motor vehicle.
(a) To be eligible for relicensing or renewing the privilege to operate a vessel after a period of administrative revocation has expired, the person shall:
(1) Submit proof to the director of compliance with all conditions imposed by the director;
(2) Obtain a certified statement from the director indicating eligibility for relicensing and for renewing the privilege to operate a vessel;
(3) Present the certified statement to the appropriate licensing official or to the department of land and natural resources, as applicable; and
(4) Successfully complete each requirement, including payment of all applicable fees, for:
(A) Obtaining a new license in this State, pursuant to chapter 286; or
(B) Renewing the privilege to operate a vessel, as may be provided in chapter 200 or rules adopted by the department of land and natural resources pursuant to section 200-24.
(b) To be eligible for reregistration of a motor vehicle, if applicable, after a period of administrative revocation has expired, the person shall:
(1) Submit proof to the director of compliance with all conditions imposed by the director;
(2) Obtain a certified statement from the director indicating eligibility for registration of a motor vehicle;
(3) Present the certified statement to the director of the appropriate county agency; and
(4) Successfully complete each requirement, as provided in chapter 286, for obtaining a new certificate of registration for a motor vehicle in this State, including payment of all applicable fees. [L 2000, c 189, pt of §23; am L 2001, c 157, §24; am L 2010, c 166, §17]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-45.5 Repeat intoxicated driver after December 31, 2010; eligibility to obtain motor vehicle registration and number plates.

§291E-45.5 Repeat intoxicated driver after December 31, 2010; eligibility to obtain motor vehicle registration and number plates.
Any repeat intoxicated driver arrested for a violation of section 291E-61 or 291E-61.5 after December 31, 2010, may request that the director remove any stopper imposed on the motor vehicle registration files pursuant to part III of chapter 291E. Upon request, the director shall remove the stopper as soon as practicable. [L 2012, c 327, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-46 Computation of time.

§291E-46 Computation of time.
The time in which any act provided in this part is to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or state holiday, and then it also is excluded; provided that if the last day for the mailing of decisions under sections 291E-37(a) and 291E-38(i) is a federal holiday, it also is excluded. [L 2000, c 189, pt of §23; am L 2012, c 327, §19]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-47 Failure to surrender number plates.

§291E-47 Failure to surrender number plates.
Any person who has had the person's motor vehicle registration revoked pursuant to this part and subsequently fails to comply with an order to surrender all motor vehicle number plates issued to the person, pursuant to chapter 249, shall be guilty of a misdemeanor. [L 2001, c 157, pt of §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-48 Special motor vehicle registration.

§291E-48 Special motor vehicle registration.
(a) Anytime after the effective date of revocation or after the administrative hearing decision is mailed pursuant to section 291E-38(i), a qualified household member or co-owner of a motor vehicle with a respondent who has had a motor vehicle registration revoked under this part may submit a sworn statement to the director requesting a special motor vehicle registration. The director may grant the request upon determining that the following conditions have been met:
(1) The applicant is a household member of the respondent's or a co-owner of the vehicle;
(2) The applicant has a license that has not expired or been suspended or revoked;
(3) The applicant is completely dependent on the motor vehicle for the necessities of life;
(4) The director finds that the applicant will take reasonable precautions to ensure that the respondent will not drive the vehicle; and
(5) The respondent does not have a valid ignition interlock permit.
A person to whom a special motor vehicle registration has been granted shall apply to the director of the appropriate county agency for special series number plates, as provided in section 249-9.4.
(b) The director shall revoke the special motor vehicle registration if any one of the conditions set forth in the application no longer exist.
(c) The applicant shall be under an affirmative duty to report to the director any changes in the conditions to the special motor vehicle registration.
(d) The director shall adopt rules, pursuant to chapter 91, necessary to carry out the purposes of this section. [L 2001, c 157, pt of §3; am L 2010, c 166, §18; am L 2012, c 327, §20]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-49 Transferring title to, or ownership interest in, vehicle prohibited; exceptions.

§291E-49 Transferring title to, or ownership interest in, vehicle prohibited; exceptions.
(a) A registered owner shall not sell or transfer title to, or ownership interest in, a motor vehicle during the time period the motor vehicle's registration has been ordered revoked and number plates surrendered or during the time the motor vehicle bears the special series number plates pursuant to section 249-9.4, unless the registered owner applies to the administrative director of the courts, or the administrative director's appointee pursuant to section 291E-1, for consent to transfer title to the motor vehicle. If the director is satisfied that:
(1) The proposed sale is in good faith and for valid consideration;
(2) The registered owner will be deprived of the custody and control of the motor vehicle; and
(3) The sale is not for the purpose of circumventing this part,
the director may consent to the sale or transfer. If the director consents, the director shall issue a certified copy of the written consent to the registered owner and forward a copy to the appropriate county director of finance.
(b) The county director of finance, upon proper application and the presentation to the director of finance of a certified copy of the director's written consent to the sale or transfer of a motor vehicle, shall transfer the certificate of title and ownership to the new owner pursuant to chapter 286 and shall issue new number plates to the new registered owner pursuant to chapter 249.
(c) Notwithstanding subsections (a) and (b), if the title to the motor vehicle is transferred by foreclosure of a chattel mortgage, cancellation of a conditional sales contract, a sale upon execution, or decree or order of a court of competent jurisdiction, after the motor vehicle registration has been revoked under this part, the county director of finance shall transfer the certificate of title and ownership to the new owner pursuant to chapter 286 and shall issue new number plates to the new registered owner pursuant to chapter 249. [L 2001, c 157, pt of §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-50 Notice to the department of land and natural resources of suspensions and revocations of operating privileges.

§291E-50 Notice to the department of land and natural resources of suspensions and revocations of operating privileges.
The director shall notify the department of land and natural resources of all persons adjudicated of violations under this part and the period of suspension or revocation of operator privileges ordered by the director under this part. [L 2001, c 157, pt of §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-63 Records of suspensions and revocations of operating privileges to be maintained.

§291E-63 Records of suspensions and revocations of operating privileges to be maintained.
The court shall notify the department of land and natural resources of any sanctions imposed for offenses or violations under this part and the period of suspension or revocation of operator privileges ordered by the court under this part. [L 2000, c 189, pt of §23; am L 2001, c 157, §27]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-66 Circumvention of, or tampering with, an ignition interlock device by a person who has been restricted to operating a vehicle equipped with an ignition interlock device; penalties.

§291E-66
Circumvention of, or tampering with, an ignition interlock device by a person who has been restricted to operating a vehicle equipped with an ignition interlock device; penalties.
(a) No person whose driving privileges have been restricted to operating a vehicle equipped with an ignition interlock device shall knowingly circumvent or tamper with an ignition interlock device in any way, including but not limited to:
(1) Requesting, soliciting, directing, or authorizing another person to blow into an ignition interlock device or start a vehicle equipped with the device for the purpose of providing an operable vehicle to a person who has been restricted by law to operating only a vehicle so equipped;
(2) Tampering with an ignition interlock device with the intent to render it inaccurate or inoperable;
(3) Obscuring a camera lens associated with an ignition interlock device; or
(4) Failing to provide a picture of the driver.
(b) Any person required under subsection (a) to drive using an ignition interlock device who violates subsection (a) shall be sentenced without possibility of probation or suspension of sentence as follows:
(1) For a first offense, or any offense not preceded within a ten-year period by conviction under this section or section 291E-62(a)(3):
(A) A term of imprisonment of no less than three consecutive days and no more than thirty days;
(B) A fine of no less than $250 and no more than $1,000; and
(C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device;
(2) For an offense that occurs within ten years of a prior conviction for an offense under this section or section 291E-62(a)(3):
(A) Thirty days imprisonment;
(B) A $1,000 fine; and
(C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device; and
(3) For an offense that occurs within ten years of two or more prior convictions for offenses under this section or section 291E-62(a)(3), or any combination thereof:
(A) One year imprisonment;
(B) A $2,000 fine; and
(C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device. [L 2010, c 166, pt of §2; am L 2022, c 94, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291E. Use of Intoxicants While Operating a Vehicle › 291E-67 Assisting or abetting the circumvention of, or tampering with, an ignition interlock device; penalties.

§291E-67
Assisting or abetting the circumvention of, or tampering with, an ignition interlock device; penalties.
(a) No person shall knowingly:
(1) Blow into or start a vehicle equipped with an ignition interlock device for the purposes of providing an operable vehicle to another person who has been restricted by law to operating only a vehicle equipped with an ignition interlock device;
(2) Tamper with an ignition interlock device with the intent to render it inaccurate or inoperable to permit another person, who has been restricted by law to operating only a vehicle equipped with an ignition interlock device, to operate the vehicle; or
(3) Rent, lease, or lend a vehicle to another person who has been restricted by law to operating only vehicles equipped with an ignition interlock device, when the rented, leased, or loaned vehicle is not equipped with a functioning certified ignition interlock device.
(b) Subsection (a) shall not apply to any act taken for the purpose of safety or mechanical repair of the device; provided that the person who is restricted to operating a vehicle equipped with the interlock device does not operate the vehicle.
(c) Any person who violates this section shall be:
(1) Fined not more than $1,000 or imprisoned not more than thirty days, or both, for any offense that does not occur within five years of two prior convictions for this offense; and
(2) Fined not less than $500 but not more than $1,000 or imprisoned not more than one year, or both, if the person has two or more prior convictions for the offense in the preceding five-year period. [L 2010, c 166, pt of §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 292. Odometer Accuracy and Record Maintenance--Repealed

REPEALED.
L 1976, c 45, §2.
CHAPTER 292 [NEW]
ODOMETER ACCURACY AND RECORD MAINTENANCE
REPEALED.
L 1988, c 156, §2.
Cross References
For present provisions, see § §486-71 to 486-87.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 293. Bicycles › 293-1 Defacing serial numbers, etc., of bicycles.

§293-1 Defacing serial numbers, etc., of bicycles.
It shall be unlawful for any person to wilfully deface, destroy, or alter the serial number, a component part number, or identification mark of any bicycle, so placed or stamped on any bicycle by the manufacturer for the purpose of identifying the bicycle or its component parts.
This section does not prohibit the restoration by an owner of an original mark or number, when the restoration is authorized in writing by the county treasurer or director of finance, nor prevent any manufacturer from placing in the ordinary course of business, numbers or marks upon new bicycles or new parts thereof. Violation of this section shall be a misdemeanor and shall result in a fine of not more than $500. [L 1972, c 25, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 293. Bicycles › 293-2 Bicycle dealers, records required.

§293-2 Bicycle dealers, records required.
All persons selling new bicycles to others as a business shall keep a record for four years after the sale of a bicycle of the name of the purchaser, and the serial number, description, and make of the bicycle sold to the purchaser. This record may be inspected by the police during reasonable business hours. [L 1972, c 25, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 293. Bicycles › 293-3 Prohibition of sale; stolen.

§293-3 Prohibition of sale; stolen.
(a) In any county with a population of five hundred thousand or more, no person shall sell or offer for sale a bicycle on an online sales platform, at a dealer, or elsewhere if the bicycle:
(1) Has been reported as stolen to a county police department; and
(2) Is listed on a publicly available online stolen bicycle database as provided in subsection (b).
(b) In any county with a population of five hundred thousand or more, the county police department or any other agency as designated by the county shall establish the publicly available online stolen bicycle database that allows persons to verify if a bicycle serial number or emblem number has been reported as stolen.
(c) Any person who violates this section shall be guilty of a misdemeanor and shall be fined either $500, the listed sale price on the advertisement, or the actual sale price, whichever is greater.
(d) For purposes of this section:
"Dealer" has the same meaning as in section 486M-1.
"Online sales platform" means an internet website or application that:
(1) Is open to the public;
(2) Operates in the State; and
(3) Enables the sale of goods between persons using any medium of facilitation.
(e) The prosecution need not prove the person's state of mind as to the attendant circumstance of the offense occurring in a county with a population of five hundred thousand or more.
(f) It shall be an affirmative defense that the person viewed the publicly available online stolen bicycle database and did not see the bicycle listed before selling or offering to sell the bicycle. [L 2022, c 108, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 296. Public Education--Repealed

Chapter
296 Public Education--Repealed
296C School/Community-Based Management--Repealed
296D School Priority Fund--Repealed
297 Personnel of Public Schools--Repealed
297D Hawaii Teacher Standards Board--Repealed
298 Schools and Attendance, Generally--Repealed
299 Driver Education--Repealed
300 Technical and Vocational Training--Repealed
301 Other Special Training--Repealed
302 Agents of Private Schools and Correspondence
Schools--Repealed
302A Education
302B Public Charter Schools--Repealed
302C Private Schools
302D Public Charter Schools
302H Hawaiian Language Medium Education
302L Early Learning System
303 Employees' Annuity and Custodial Account Contracts
304 University of Hawaii--Repealed
304A University of Hawaii System
304D Center for Nursing--Repealed
304E Nursing Scholars Program--Repealed
305 Community Colleges--Repealed
305A Career and Technical Education Under Federal
Aid--Repealed
305E College-Credit Equivalency Program--Repealed
305H State Post-Secondary Education Commission €”Repealed
305J Post-Secondary Education Authorization
306 University Projects--Repealed
307 Research Corporation of the University of Hawaii--
Repealed
308 University Parking--Repealed
309 Student Loan Funds
309H Hawaii Health Corps
310 Western Regional Education Compact--Repealed
311 Compact for Education
311D Interstate Compact on Educational Opportunity for
Military Children
312 Libraries
314 Hawaii Public Broadcasting Authority--Repealed
315 Interstate Agreement on Qualifications of
Educational Personnel
317 Secondary School Students Conference--Repealed
318 College and University Student Leaders
Conference--Repealed
319 Dental Education
Note
Pacific-Asia institute for resilience and sustainability. L 2014, c 229.
Cross References
College savings program, see chapter 256.
Individual development accounts, see chapter 257.
CHAPTER 296
PUBLIC EDUCATION
REPEALED.
L 1996, c 89, §19.