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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Hawaii Drugged Driving

In Hawaii, a person is guilty of DUI if the person operates any vehicle while under the influence of any drug which impairs such person's ability to operate the vehicle in a careful and prudent manner. Haw. Rev. Stat. Ann. § 291E-61(a)(2) (LexisNexis 2010)(effective January 1, 2011).

Implied Consent

  • Any person who operates a vehicle upon a public way, street, road, or highway or on or in the waters of the State shall be deemed to have given consent, subject to this part, to a test or tests approved by the director of health of the person's breath, blood, or urine for the purpose of determining alcohol concentration or drug content of the person's breath, blood, or urine, as applicable. Id. § 291E-11.

  • If a person under arrest for operating a vehicle while impaired refuses to submit to a breath or blood test, none shall be given. Id. § 291E-65(a).

  • For a first refusal, offender will have license suspended a period of twelve months; for any subsequent suspension under this section, for a period not less than two years and not more than five years. Id. § 291E-65 (c)(1)-(2).

  • If a legally arrested person refuses to submit to a test of the person's breath, blood, or urine, evidence of refusal shall be admissible only in a proceeding to revoke operator's license for refusal and shall not be admissible in any other action or proceeding, whether civil or criminal. Id.§ 291E-16.

Penalties

NOTE: A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced without possibility of probation or suspension of sentence. Id. § 291E-61(b).

  • First offense - license suspension of 1 year; 48 hours to 5 days in jail, fine of between $150 to $1,000 (possible 72 hours of community service in lieu of fine or jail); 14 hour minimum substance abuse program; license will be suspended for 1 year. Id. § 291E-61(b)(1).

  • Second offense (w/i 5 years) - license suspension for a minimum of 18 months up to 2 years; fine ranging from $500 to $1,500; either 240 hours of community service, or five days but not more than thirty days of imprisonment (of which at least forty-eight hours shall be served consecutively); required completion of a minimum 14 hour of a substance abuse program. Id. § 291E-61(b)(2).

  • Third offense - license suspension for two years; fine from $500 to $2500; from a minimum of 10 days to 30 days in jail; vehicle of the offender may be forfeited to the state. Id. § 291E-61(b)(3).

  • Fourth and subsequent offense Class "C" Felony - possible 5 years in prison; probation for 5 years with a mandatory revocation of license for no less than 1 year; minimum of 10 days in jail; required substance abuse counseling; mandatory driver education program. Id. § 291E-61.5(a)-(h).

Other Penalties & Penalty Enhancers

  • Any person over eighteen years of age who is convicted of DUI with a passenger younger than fifteen years of age shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty-eight hours. Id. § 291E-61(b)(4).

Sobriety Checkpoints

In Hawaii, sobriety checkpoints are authorized by state statute.

  • Officers must require that (1) all vehicles approaching roadblocks be stopped; or (2) that certain vehicles be stopped by selecting vehicles in a specified numerical sequence or pattern. Id. § 291E-20(1).

  • All roadblocks shall be located at fixed locations for a maximum three-hour period and proper illumination is required. Id. § 291E-20(2), (3)(A). The officers must be uniformed and carrying proper identification. Id. § 291E-20(3)(C).

  • Law enforcement officers conducting sobriety checkpoints are not authorized to pursue and detain drivers of motor vehicles appearing to avoid the sobriety checkpoints in a lawful manner. State v. Heapy, 151 P.3d 764(Hawaii, 2007). Permitting officers to do so is beyond the lawful scope of the statutory procedures and, therefore, more intrusive than the standards and guidelines outlined in statutes. Id.

Case Law

State v. Kuba, 706 P.2d 1305 (1985) -- Roadside questioning after defendant was observed traveling low rate of speed and straddling lanes (during which defendant admitted drinking four beers as well as smoking marijuana) did not rise to level of requiring Miranda warnings. Furthermore, evidence presented before grand jury that defendant was unsteady on his feet, that he admitted he had smoked marijuana, that he had no alcohol in his blood, was sufficient to convince a reasonable person that defendant's intoxication was the result of taking drugs.

State v. Davia, 953 P.2d 1347 (1998) -- Bicycle is a "vehicle" within meaning of DUI statute.

Hawaii Medical Marijuana

SUMMARY: Governor Ben Cayetano signed Senate Bill 862 into law on June 14, 2000. The law took effect on December 28, 2000. The law removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed statement from their physician affirming that he or she suffers from a debilitating condition and that the "potential benefits of medical use of marijuana would likely outweigh the health risks." Patients diagnosed with the following illnesses are afforded legal protection under this act: cachexia; cancer; chronic pain; Crohn’s disease; epilepsy and other disorders characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea. Other conditions are subject to approval by the Hawaii Department of Health. Patients (or their primary caregivers) may legally possess up to 3 ounces of usable marijuana, and may cultivate no more than seven marijuana plants, of which no more than three may be mature. The law establishes a mandatory, confidential state-run patient registry that issues identification cards to qualifying patients.

The medical use provisions in Hawaii do not include reciprocity provisions protecting visitors from other medical use states.

AMENDMENTS: No, although Hawaii has a separate statute allowing patients arrested on marijuana charges to present a "choice of evils" defense arguing that their use of marijuana is medically necessary.

MEDICAL MARIJUANA STATUTES: Haw. Rev. Stat. §§ 329-121 to 329-128 (2008).

CAREGIVERS: Yes. Primary caregiver is a person who has the responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana. Primary caregiver is a person other than the qualifying patient, or the patient’s physician. The caregiver must be 18 years of age or older. Qualifying patients shall have only one primary caregiver an any given time. Primary caregiver shall be responsible for the care of only one qualifying patient at any given time. Haw. Rev. Stat. §§329-121; 329-123 (b),(c) (2008).

CONTACT INFORMATION: Administrative rules for Hawaii’s medical marijuana program are available online from the Drug Policy Forum of Hawaii website at: http://www.dpfhi.org/

Application information for the Hawaii medical marijuana registry is available by writing or calling:

Hawaii Department of Public Safety
919 Ala Moana Boulevard
Honolulu, HI 96814 

Hawaii Penalties


Incarceration


Fine

Possession

Less than 1 oz

misdemeanor

30 days*

$1,000

1 oz to 1 lb

misdemeanor

1 year*

$2,000

1 to 2 lbs

felony

5 years*

$10,000

2 to 25 lbs

felony

10 years*

$25,000

25 lbs or more

felony

25 years*

$50,000

*Probation for first offense with dismissal upon completion of probation.
Exceptions for authorized medical use.

Cultivation

25 to 50 plants

felony

5 years

$10,000

50 to 100 plants

felony

10 years

$25,000

100 plants or more

felony

20 years

$50,000

Sale

Less than 1 oz

misdemeanor

1 year

$2,000

1 oz to 1 lb

felony

5 years

$10,000

1 to 5 lbs

felony

10 years

$25,000

5 lbs or more

felony

20 years

$50,000

Exceptions for authorized medical use.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Any marijuana found in a vehicle results in all occupants being charged with its possession.

 

Details

 

Possession of less than one ounce of marijuana is a misdemeanor offense, punishable by up to 30 days in jail and a fine of up to $1,000. Possession of one ounce or more is a misdemeanor punishable by up to one year in prison and a fine of up to $2,000. Any possession of amounts of one pound or more are felonies. The possible sentence for possession of one pound or more is up to 5 years in prison and a fine of up to $10,000. Possession of two pounds or more is punishable by up to 10 years in prison and a fine of up to $25,000. Possession of 25 pounds or more is punishable by up to 25 years in prison and a fine of up to $50,000.

For first time offenders, the court can defer proceedings, place the accused on probation and upon completion of the probationary period the court can dismiss the charges.

For cultivation of 25 plants or more, the possible sentence can be up to 5 years in prison and a fine of up to $10,000. For 50 plants or more the sentence can be up to 10 years in prison and a fine of up to $25,000. For 100 plants or more the sentence can be up to 20 years in prison and a fine of up to $50,000.

Sale or distribution of less than one ounce of marijuana is a misdemeanor, punishable by up to one year in prison and a fine of up to $2,000. Sale or distribution of any amount greater than one ounce is a felony. For one ounce or more, the sentence can be up to 5 years in jail and a fine of up to $10,000. For one pound or more, the sentence can be up to 10 years in prison and a fine of up to $25,000. For five pounds or more the penalty rises to a possible 20 years in prison and a fine of up to $50,000.

It is an affirmative defense to any marijuana related offense that the person distributing or possession the marijuana was authorized to do so for medical purposes.

Any marijuana found in a vehicle results in all the occupants of the vehicle being charged with its possession unless the marijuana was found on the person of one of the occupants.

 



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