(a) No person whose driving privileges have been restricted to operating a vehicle equipped with an ignition interlock device shall knowingly circumvent or tamper with an ignition interlock device in any way, including but not limited to:

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Terms Used In Hawaii Revised Statutes 291E-66

  • Conviction: A judgement of guilt against a criminal defendant.
  • Ignition interlock device: means a breath alcohol ignition interlock device that is certified pursuant to section 291E-6 and rules adopted thereunder that, when affixed to the ignition system of a motor vehicle, prevents the vehicle from being started without first testing, and thereafter from being operated without periodically retesting, a deep-lung breath sample of the person required to use the device that indicates the person's alcohol concentration is less than . See Hawaii Revised Statutes 291E-1
  • Intoxicant: means alcohol or any drug, as defined in this section. See Hawaii Revised Statutes 291E-1
  • License: means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this State and includes:

    (1) Any learner's permit or instruction permit;
    (2) The privilege of any person to operate a motor vehicle, regardless of whether the person holds a valid license;
    (3) Any nonresident's operating privilege; and
    (4) The eligibility, including future eligibility, of any person to apply for a license or privilege to operate a motor vehicle. 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
  • Privilege: refers to the authority to operate a vessel underway on or in the waters of the State. See Hawaii Revised Statutes 291E-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
(1) Requesting, soliciting, directing, or authorizing another person to blow into an ignition interlock device or start a vehicle equipped with the device for the purpose of providing an operable vehicle to a person who has been restricted by law to operating only a vehicle so equipped;
(2) Tampering with an ignition interlock device with the intent to render it inaccurate or inoperable;
(3) Obscuring a camera lens associated with an ignition interlock device; or
(4) Failing to provide a picture of the driver.
(b) Any person required under subsection (a) to drive using an ignition interlock device who violates subsection (a) shall be sentenced without possibility of probation or suspension of sentence as follows:

(1) For a first offense, or any offense not preceded within a ten-year period by conviction under this section or section license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant; penalties” class=”unlinked-ref” datatype=”S” sessionyear=”2023″ statecd=”HI”>291E-62(a)(3):

(A) A term of imprisonment of no less than three consecutive days and no more than thirty days;
(B) A fine of no less than $250 and no more than $1,000; and
(C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device;
(2) For an offense that occurs within ten years of a prior conviction for an offense under this section or section 291E-62(a)(3):

(A) Thirty days imprisonment;
(B) A $1,000 fine; and
(C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device; and
(3) For an offense that occurs within ten years of two or more prior convictions for offenses under this section or section 291E-62(a)(3), or any combination thereof:

(A) One year imprisonment;
(B) A $2,000 fine; and
(C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device.
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