SB412 Summary

• Amends Section 291E-15 to clarify that a person who refuses a breath, blood, or urine test may still be tested pursuant to a search warrant issued by a judge upon probable cause, or under any other constitutional basis permissible under Hawaii law.

• Adds habitually operating a vehicle under the influence of an intoxicant (Section 291E-61.5(a)) to the list of offenses that disqualify a defendant from deferred acceptance of guilty plea or no contest plea under Section 853-4.

• Retains existing requirements that law enforcement must inform arrested persons of sanctions and ask if they still refuse testing before applying refusal penalties.

• Takes effect upon approval and does not affect rights, duties, penalties, or proceedings that began before the effective date.