Hawaii Senate Bill SB346

Hawaii 2026 Regular Session

• Introduced: 1/15/25
• Refer: 1/21/25
• Refer: 1/21/26

Caption

RELATING TO THE USE OF INTOXICANTS WHILE OPERATING A VEHICLE.

Summary

SB346 lowers Hawaiʻi’s legal blood alcohol concentration (BAC) threshold for operating a vehicle under the influence of alcohol from 0.08 to 0.05. The bill updates multiple provisions in chapter 291E of the Hawaii Revised Statutes, including the definitions of “measurable amount of alcohol” and “under the influence,” the evidentiary presumptions used in DUI prosecutions, and the administrative license revocation provisions. It also amends the offense definitions for operating a vehicle under the influence and habitual operating under the influence so that a BAC of 0.05 or more in breath or blood is sufficient to establish the offense, while preserving existing drug-impaired driving standards. The measure is framed as a road-safety and public-health bill. Its findings cite rising traffic fatalities in Hawaiʻi, National Transportation Safety Board recommendations, and research suggesting that a 0.05 BAC standard reduces alcohol-related crashes and deaths. The bill also states that a majority of Hawaiʻi voters support lowering the limit and that the change would help deter impaired driving and reduce medical costs. It takes effect upon approval and applies prospectively, without affecting matured rights, penalties, or proceedings begun before the effective date.

Impact

If enacted, SB346 would materially tighten Hawaiʻi’s DUI laws by lowering the per se alcohol impairment threshold from 0.08 to 0.05 for both breath and blood tests. This would affect criminal prosecutions under sections 291E-61 and 291E-61.5, administrative revocation proceedings, and related evidentiary presumptions, making it easier for the State to establish intoxication at lower BAC levels. Drivers, law enforcement, prosecutors, courts, and the Department of Transportation or other licensing authorities would all be affected by the revised standard.

Sentiment

The bill appears to have a generally supportive policy rationale in the text, with the legislature citing safety data, national recommendations, and public polling in favor of the change. No committee transcript or vote record is provided, so there is no recorded floor or committee debate to indicate formal opposition or amendment activity. The bill’s current status of re-referral to TRS and JDC suggests it remains under committee consideration rather than having advanced to final passage.

Contention

The main point of contention is likely the policy choice to lower the legal BAC limit from 0.08 to 0.05. Supporters emphasize traffic safety, deterrence, and consistency with national and international standards, while potential opponents may argue that the change could criminalize more moderate drinking, increase enforcement and prosecution burdens, or create concerns about fairness for social drinkers. The bill text itself does not identify named opponents or specific objections, and no hearing testimony is included, so any controversy is inferential rather than documented in the provided materials.