§291E-62 - Operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant; penalties. - Hawaii Statutes

     §291E-62  Operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant; penalties.  (a)  [Subsection effective until December 31, 2010.  For subsection effective January 1, 2011, see below.]  No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pursuant to this section or to part III or section 291E-61 or 291E-61.5, or to part VII or part XIV of chapter 286 or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:

     (1)  In violation of any restrictions placed on the person's license; or

     (2)  While the person's license or privilege to operate a vehicle remains suspended or revoked.

     (a)  [Subsection effective January 1, 2011.  For subsection effective until December 31, 2010, see above.]  No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pursuant to this section or to part III or section 291E-61 or 291E-61.5, or to part VII or part XIV of chapter 286 or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:

     (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)  After disabling or circumventing an ignition interlock device required by this chapter.

     (b)  Any person convicted of violating this section shall be sentenced as follows:

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

         (A)  A term of imprisonment of not less than three consecutive days but not more than thirty days;

         (B)  A fine of not less than $250 but not more than $1,000; and

         (C)  Revocation of license and privilege to operate a vehicle for an additional year;

     (2)  For an offense that occurs within five years of a prior conviction for an offense under this section or under section 291-4.5 as that section was in effect on December 31, 2001:

         (A)  Thirty days imprisonment;

         (B)  A $1,000 fine; and

         (C)  Revocation of license and privilege to operate a vehicle for an additional two years; and

     (3)  For an offense that occurs within five years of two or more prior convictions for offenses under this section or under section 291-4.5 as that section was in effect on December 31, 2001:

         (A)  One year imprisonment;

         (B)  A $2,000 fine; and

         (C)  Permanent revocation of the person's license and privilege to operate a vehicle.

The period of revocation shall commence upon the release of the person from the period of imprisonment imposed pursuant to this section. [L 2000, c 189, pt of §23; am L 2001, c 157, §26; am L 2003, c 71, §4; am L 2004, c 6, §1 and c 90, §14; am L 2008, c 171, §9; am L 2009, c 88, §13]

 

Case Notes

 

  As to the description of the offense, this section, which relates to operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant, substantially reenacted §291-4.5, which pertained to driving after license suspended or revoked for driving under the influence of intoxicating liquor.  107 H. 36, 109 P.3d 677.