(a) No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pursuant to this section, part III, section under the influence of an intoxicant” class=”unlinked-ref” datatype=”S” sessionyear=”2023″ statecd=”HI”>291E-61 or 291E-61.5, or part VII or part XIV of chapter 286 or section 200-81, 291-4, 291-4.4, 291-4.5, or 291-7 as those provisions were in effect on December 31, 2001, shall operate or assume actual physical control of any vehicle:

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Terms Used In Hawaii Revised Statutes 291E-62 v2

  • 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
  • Ignition interlock device: means a breath alcohol ignition interlock device that is certified pursuant to section 291E-6 and rules adopted thereunder that, when affixed to the ignition system of a motor vehicle, prevents the vehicle from being started without first testing, and thereafter from being operated without periodically retesting, a deep-lung breath sample of the person required to use the device that indicates the person's alcohol concentration is less than . See Hawaii Revised Statutes 291E-1
  • Law enforcement officer: means any public servant, whether employed by the State, a county, or by the United States, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws, and includes a conservation and resources enforcement officer as specified in section 199-3. See Hawaii Revised Statutes 291E-1
  • 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
  • notice: means the written notice issued to the respondent pursuant to section 291E-33. See Hawaii Revised Statutes 291E-1
  • Operate: means to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway or to navigate or otherwise use or assume physical control of a vessel underway on or in the waters of the State. 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Temporary permit: means that portion of the notice of administrative revocation that, when completed by a law enforcement officer, permits the respondent to operate a vehicle for thirty days in the case of an alcohol related offense and forty-four days in the case of a drug related offense or until such time as the director may establish under part III. 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) In violation of any restrictions placed on the person’s license;
(2) While the person’s license or privilege to operate a vehicle remains suspended or revoked;
(3) Without installing an ignition interlock device required by this chapter; or
(4) With an ignition interlock permit unless the person has the ignition interlock permit and government-issued identification in the person’s immediate possession. For purposes of this paragraph, “government-issued identification” means:

(A) A passport issued by the United States of America; or
(B) A photo identification card issued by any federal, state, or local government.
(b) No person who has been issued a notice of administrative revocation that serves as a temporary permit by a law enforcement officer, pursuant to section 291E-33, shall operate or assume actual physical control of any vehicle after the expiration of the temporary permit unless that person has an otherwise valid driver’s license. No person charged with violating this section shall be convicted if the person produces in court, or proves from the proper official or other records, that the person was the holder of a valid driver’s license at the time of the offense.
(c) Any person convicted of violating this section shall be sentenced as follows without possibility of probation or suspension of sentence:

(1) For a first offense, or any offense not preceded within a ten-year period by conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:

(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, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and
(C) Revocation of license and privilege to operate a vehicle for an additional year;
(2) For an offense that occurs within ten years of a prior conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:

(A) Thirty days imprisonment;
(B) A $1,000 fine, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and
(C) Revocation of license and privilege to operate a vehicle for an additional two years;
(3) For an offense that occurs within ten years of two or more prior convictions for offenses under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001, or any combination thereof:

(A) No less than six months and no more than one year imprisonment;
(B) A $2,000 fine, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and
(C) Permanent revocation of the person’s license and privilege to operate a vehicle; and
(4) In addition to a sentence imposed under paragraphs (1) through (3), any person who is convicted under this section and also convicted under section 291E-61 or 291E-61.5, for an offense based on the same incident or arising from the same episode, shall be sentenced to terms of imprisonment for both offenses, which shall be served consecutively.
(d) The applicable period of revocation in subsection (c) shall commence upon the release of the person from the period of imprisonment imposed pursuant to this section.