§291E-19 Authorization to establish intoxicant control roadblock programs. The police departments of the respective counties may establish and implement intoxicant control roadblock programs in accordance with the minimum standards and guidelines provided in section 291E-20. The chief of police in any county establishing an intoxicant control roadblock program pursuant to this section shall specify the procedures to be followed in carrying out the program in rules adopted under chapter 91; provided that the procedures shall be in conformity with and not more intrusive than the standards and guidelines described in section 291E-20. In the case of internal police standards that do not fall within the definition of "rule" under section 91-1, failure to comply scrupulously with the internal police procedures shall not invalidate a roadblock that otherwise meets the minimum statutory criteria provided in section 291E-20. [L 2000, c 189, pt of §23; am L 2021, c 230, §4]
Law Journals and Reviews
Drunk, Driving, and Untouchable: The Implications of State v. Heapy on Reasonable Suspicion in Hawai`i. 31 UH L. Rev. 607 (2009).
Case Notes
Section 291E-20 does not authorize law enforcement officers conducting sobriety checkpoints to pursue and detain drivers of motor vehicles appearing to avoid the sobriety checkpoints in a lawful manner; permitting officers to do so was beyond the lawful scope of the statutory procedures and, therefore, more intrusive than the standards and guidelines described in §291E-20 and violative of this section. 113 H. 283, 151 P.3d 764 (2007).
Structure Hawaii Revised Statutes
Title 17. Motor and Other Vehicles
291E. Use of Intoxicants While Operating a Vehicle
291E-3 Evidence of intoxication.
291E-4 Convictions and acts prior to January 1, 2002.
291E-5 Ignition interlock user affordability.
291E-6 Ignition interlock devices; certification.
291E-6.5 Continuous alcohol monitoring device; requirement; penalties.
291E-7 Trauma system surcharge.
291E-8 State drug and alcohol toxicology testing laboratory special fund; established.
291E-12 Persons qualified to take blood specimen.
291E-14 Consent of person incapable of refusal not withdrawn.
291E-17 Other evidence not excluded.
291E-18 Test results to be collected.
291E-19 Authorization to establish intoxicant control roadblock programs.
291E-20 Minimum standards for roadblock procedures.
291E-22 Presence of drugs or metabolic products; admissibility.
291E-31 Notice of administrative revocation; effect.
291E-33 Probable cause determination; issuance of notice of administrative revocation; procedures.
291E-34 Notice of administrative revocation; contents.
291E-35 Immediate restoration of license.
291E-36 Documents required to be submitted for administrative review; sworn statements.
291E-37 Administrative review; procedures; decision.
291E-38 Administrative hearing; procedure; decision.
291E-40 Judicial review; procedure.
291E-41 Effective date, conditions, and period of administrative revocation; criteria.
291E-42 Notice to other states.
291E-43 Administrative procedure act.
291E-44.5 Ignition interlock permits; driving for employment.
291E-45 Eligibility for relicensing and reregistration of motor vehicle.
291E-47 Failure to surrender number plates.
291E-48 Special motor vehicle registration.
291E-49 Transferring title to, or ownership interest in, vehicle prohibited; exceptions.
291E-61 Operating a vehicle under the influence of an intoxicant.
291E-61.5 Habitually operating a vehicle under the influence of an intoxicant.
291E-63 Records of suspensions and revocations of operating privileges to be maintained.