HIGHLY INTOXICATED DRIVERS
        If your alcohol concentration test result was .15 or higher, you may be charged as a "highly intoxicated driver."  HRS §291E-1 states:

"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

        HRS §291E-61(b)(2) provides that the following criminal penalties shall apply to anyone charged and convicted as a "highly intoxicated driver".
 

(2)  For a first offense committed by a highly intoxicated driver, or for any offense committed by a highly intoxicated driver not preceded within a five-year period by a conviction for an offense under this section or section 291E-4(a):

         (A)  A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

         (B)  Prompt suspension of a license and privilege to operate a vehicle for a period of six months with an absolute prohibition from operating a vehicle during the suspension period;

         (C)  Any one or more of the following:

              (i)  Seventy-two hours of community service work;

             (ii)  Not less than forty-eight hours and not more than five days of                              imprisonment; or

            (iii)  A fine of not less than $150 but not more than $1,000; and

         (D)  A surcharge of $25 to be deposited into the neurotrauma special fund;

            Another potentially costly consequence of being convicted as a highly intoxicated driver is the potential imposition of an SR-22 requirement. 

        HRS §291E-61(g) states:

(g) The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a sentence imposed under subsection (b)(1).

        If you are convicted as a "highly intoxicated driver", you will be sentenced under HRS §291E-61(b)(2).  A sentence imposed on a highly intoxicated driver under HRS §291E-61(b)(2), is not "a sentence imposed under subsection (b)(1)" - i.e. the subsection for regular first offenses.  Consequently, highly intoxicated driver are not statutorily exempted from "[t]he requirement to provide proof of financial responsibility pursuant to section 287-20."   This requirement to "provide proof of financial responsibility pursuant to section 287-20" is commonly referred to as an SR-22 requirement.  The requirement can be imposed for a period of three years.  The additional expense which can be involved in meeting an SR-22 requirement can quite severe.  

        The best way to avoid conviction as a highly intoxicated driver is to avoid conviction - period.  However, even if you cannot avoid a conviction entirely, you may still be able to avoid conviction as a "highly intoxicated driver" (especially if your alcohol concentration test result was between .15 and .16).  Contact Mr. Mac Master for more information about how the inherent margin of error for the breath and/or blood alcohol testing equipment, alcohol absorption curves, and the requirements of Title 11 Chapter 114 of the Hawaii Administrative Rules may apply to your case.

Contact Mr. Mac Master today!

(808) 531-8080

click below to send e-mail to Mr. Mac Master

alohaleg@pixi.com


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