(a) Any:

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Hawaii Revised Statutes 291E-4

  • Administrative revocation: means termination of the respondent's license, and the privilege to operate a vessel underway on or in the waters of the State pursuant to part III, but does not include any revocation imposed under § 291E-61 or 291E-61. See Hawaii Revised Statutes 291E-1
  • Alcohol: means ethanol or any substance containing ethanol. See Hawaii Revised Statutes 291E-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Drug: means any controlled substance, as defined and enumerated in schedules I through IV of chapter 329, or its metabolites, or any substance that, when taken into the human body, can impair the ability of a person to operate a vehicle safely. See Hawaii Revised Statutes 291E-1
  • Intoxicant: means alcohol or any drug, as defined in this section. See Hawaii Revised Statutes 291E-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • License: means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this State and includes:

    (1) Any learner's permit or instruction permit;
    (2) The privilege of any person to operate a motor vehicle, regardless of whether the person holds a valid license;
    (3) Any nonresident's operating privilege; and
    (4) The eligibility, including future eligibility, of any person to apply for a license or privilege to operate a motor vehicle. See Hawaii Revised Statutes 291E-1
  • Privilege: refers to the authority to operate a vessel underway on or in the waters of the State. See Hawaii Revised Statutes 291E-1
  • State: means : any state or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico; the United States Virgin Islands; American Samoa; Guam; any province or territory of the Dominion of Canada; and the Commonwealth of the Northern Mariana Islands, except when the word, in context, clearly refers to the State of Hawaii. See Hawaii Revised Statutes 291E-1
  • Under the influence: means that a person:

    (1) Is under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty;
    (2) Is under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;
    (3) Has . See Hawaii Revised Statutes 291E-1
  • Vehicle: includes a:

    (1) Motor vehicle;
    (2) Moped; and
    (3) Vessel. See Hawaii Revised Statutes 291E-1
(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 administrative revocation; criteria” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>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 license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant; penalties” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>291E-62.