Hawaii Revised Statutes 291E-21 – Applicable scope of part; mandatory testing in the event of a collision resulting in injury or death
Terms Used In Hawaii Revised Statutes 291E-21
- Alcohol: means ethanol or any substance containing ethanol. See Hawaii Revised Statutes 291E-1
- Alcohol concentration: means either grams of alcohol per one hundred milliliters or cubic centimeters of blood or grams of alcohol per two hundred ten liters of breath. See Hawaii Revised Statutes 291E-1
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Drug: means any controlled substance, as defined and enumerated in schedules I through IV of chapter 329, or its metabolites, or any substance that, when taken into the human body, can impair the ability of a person to operate a vehicle safely. See Hawaii Revised Statutes 291E-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Intoxicant: means alcohol or any drug, as defined in this section. See Hawaii Revised Statutes 291E-1
- Law enforcement officer: means any public servant, whether employed by the State, a county, or by the United States, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws, and includes a conservation and resources enforcement officer as specified in section 199-3. See Hawaii Revised Statutes 291E-1
- Measurable amount of alcohol: means a test result equal to or greater than . See Hawaii Revised Statutes 291E-1
- notice: means the written notice issued to the respondent pursuant to section 291E-33. See Hawaii Revised Statutes 291E-1
- Operate: means to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway or to navigate or otherwise use or assume physical control of a vessel underway on or in the waters of the State. See Hawaii Revised Statutes 291E-1
- Operator: means a person who drives or assumes actual physical control of a vehicle or a person who operates, navigates, or who has an essential role in the operation of a vessel underway. See Hawaii Revised Statutes 291E-1
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Under the influence: means that a person:
(1) Is under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty; (2) Is under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner; (3) Has . See Hawaii Revised Statutes 291E-1 - Vehicle: includes a:
(1) Motor vehicle; (2) Moped; and (3) Vessel. See Hawaii Revised Statutes 291E-1
the health care provider shall notify, as soon as reasonably possible, any law enforcement officer present at the health care facility to investigate the collision. If no law enforcement officer is present, the health care provider shall notify the county police department in the county where the collision occurred. If the health care provider is aware of any blood or urine test result, as provided in paragraph (1), but lacks information to form a reasonable belief as to the identity of the operator involved in a vehicle collision, as provided in paragraph (2), then the health care provider shall give notice to a law enforcement officer present or to the county police department, as applicable, for each person involved in a vehicle collision whose alcohol concentration in the person’s blood meets or exceeds the amount specified in section 291E-61(a)(4) or 291E-61.5(a)(2)(D) or whose blood or urine contains one or more drugs. The notice by the health care provider shall consist of the name of the person being treated, the blood alcohol concentration or drug content disclosed by the test, and the date and time of the administration of the test. This notice shall be deemed to satisfy the intoxication element necessary to establish the probable cause requirement set forth in subsection (c).
“Health care facility” includes any program, institution, place, building, or agency, or portion thereof, private or public, whether organized for profit or not, that is used, operated, or designed to provide medical diagnosis, treatment, or rehabilitative or preventive care to any person. The term includes health care facilities that are commonly referred to as hospitals, outpatient clinics, organized ambulatory health care facilities, emergency care facilities and centers, health maintenance organizations, and others providing similarly organized services regardless of nomenclature.
“Health care provider” means a person who is licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or practice of a profession.