Many states have three-strikes-you’re-out laws that mandate stiff sentencing for a third felony conviction. In Hawai‘i, a third arrest for driving under the influence of an intoxicant (DUI) now could cost a driver his or her vehicle. Motorists convicted of
Many states have three-strikes-you’re-out laws that mandate stiff sentencing for a third felony conviction.
In Hawai‘i, a third arrest for driving under the influence of an intoxicant (DUI) now could cost a driver his or her vehicle.
Motorists convicted of two driving-under-the-influence offenses within the past five years will have to forfeit their vehicles if they are convicted of that crime again. That’s according to Act 194, signed into law last week by Gov. Linda Lingle.
The new legislation began as House Bill 919, sponsored by Ninth District Democratic Rep. Bob Nakasone, D-Maui. The new policy is part of a larger body of DUI law outlining other penalties for three-time DUI convicts, including a fine of at least $500, and up to $2,500; revocation of driver’s license for at least one year, but not more than five years; no less than 10 days in jail; and a $25 deposit into the state’s Neurotrauma Special Fund.
Double offenses within five years generally are punishable by lesser penalties of the same nature, as well as community service. First-time offenders are subject to rehabilitation programs and 90-day license suspensions.
Additional fines and jail time are imposed for all convictions if drivers are 18 or older and carrying passengers younger than 15.
Introduced in January, HB 919 breezed through the state Legislature with no dissenters, and one amendment exempting DUI criminals from receiving probation in place of the sentencing guidelines set forth in the statute.
According to Kaua‘i County Prosecutor Craig De Costa, Kaua‘i is no stranger to repeat offenders.
Though he did not quote hard numbers, De Costa said DUI cases have increased during his tenure.
“It feels like the trend is that there are more cases,” De Costa said. “I think driving-under-the-influence offenses are a serious concern, and any additional tools we can get, especially for repeat offenders, is very helpful.”
State Hawaii Department of Transportation officials will be responsible for impounding vehicles, and many will most likely be stored on O‘ahu, a state DOT spokesperson said.
