S.B. 2096 Summary

• Lowers the blood alcohol concentration (BAC) threshold for operating a vehicle under the influence from 0.08 to 0.05 grams per 100 milliliters of blood or per 210 liters of breath.

• Redefines "measurable amount of alcohol" and "under the influence" in Hawaii Revised Statutes to reflect the new 0.05 BAC limit for criminal and administrative violations.

• Updates evidence standards in DUI prosecutions so that BAC of 0.05 or higher is competent evidence of intoxication, while 0.02 to below 0.05 may be considered with other evidence but creates no presumption.

• Modifies administrative license revocation procedures to terminate proceedings and return licenses when alcohol concentration is found to be less than 0.05.

• Applies to both operating a vehicle under the influence (HRS 291E-61) and habitually operating a vehicle under the influence (HRS 291E-61.5) offenses.