§291E-32 Criminal prosecution. (a) Criminal prosecution under section 291E-61 or 291E-61.5 may be commenced concurrently with administrative revocation proceedings under this part; provided that documentary and testimonial evidence provided by the respondent during the administrative proceeding shall not be admissible against the respondent in any proceeding under section 291E-61 or 291E-61.5 arising out of the same occurrence.
(b) When a person's license and privilege to operate a vehicle is revoked under this part and the person also is convicted of an offense under section 291E-61 or 291E-61.5 arising out of the same occurrence, the total period of revocation imposed in the two proceedings shall not exceed the longer period of revocation imposed in either proceeding. If the person is convicted under section 291E-61 or 291E-61.5 prior to completion of administrative proceedings, the person shall surrender the temporary permit issued under this part at the time of entry of a plea of guilty or no contest, entry of a verdict of guilty, or of sentencing, whichever occurs first. [L 2000, c 189, pt of §23; am L 2004, c 90, §7]
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291E-14 Consent of person incapable of refusal not withdrawn.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.