Haw. Rev. Stat. § 321-161

Chemical testing for alcohol concentration or drug content

Applied in 3 court decisions — leading case People v. Bowers (1986)

Most recently applied in State v. Davis. (May 2017)

L 1973, c 139, §1; am L Sp 1977 1st, c 20, §12; am L 1990, c 188, §9; am L Sp 1991, c 1, §18; am L 1997, c 103, §10; am L 2001, c 157, §30

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) The department of health shall establish and administer a statewide program relating to chemical testing of alcohol concentrations or drug content for the purposes of chapters 286, 291, 291C, and 291E, with the consultation of the state director of transportation. Under the program, appropriate procedures shall be established for specifying:

(1) The qualifications of personnel who administer chemical tests used to determine alcohol concentrations or drug content;

(2) The procedures for specimen selection, collection, handling, and analysis; and

(3) The manner of reporting and tabulating the results.

(b) The director of health may adopt rules pursuant to chapter 91 necessary for the purposes of this section.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.