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Hawaii Revised Statutes

Haw. Rev. Stat. § 291-5 (2026)

to 291-7  REPEALED

✓ current as of July 2026
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     §§291-5 to 291-7  REPEALED.  L 2000, c 189, §§34 to 36.

 

 

Notes of Decisions
Cited in 21 cases, 1964–2001 · leading case: State v. Wetzel, 782 P.2d 891 (Haw. App. 1989).
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State v. Wetzel, 782 P.2d 891 (Haw. App. 1989). · cites it 30× “05 percent or less created a presumption that the driver was not under the influence; (2) a BAC in excess of 0.”
State v. Mezurashi, 881 P.2d 1240 (Haw. 1994). · cites it 14× “We begin our analysis with HRS § 291-5: Evidence of intoxication, (a) In any criminal prosecution for a violation of section 291-4, ten-hundredths percent or more by weight of alcohol in the defendant’s blood within three hours after the time of the alleged violation as shown by…”
State v. Tiedemann, 790 P.2d 340 (Haw. App. 1990). · cites it 28× “We hold that the court’s instruction dealing with the statutory inference in HRS § 291-5(a) was prejudicially inadequate and constituted plain error.”
State v. Vliet, 19 P.3d 42 (Haw. 2001). · cites it 4× “4(a)(2), HRS § 291-5 (Supp.1998) states in relevant part: Evidence of intoxication, (a) In any criminal prosecution for a violation of section 291-4, .”
State v. DiBenedetto, 906 P.2d 624 (Haw. App. 1995). · cites it 12× “At the time Defendant was arrested, the standards for admitting into evidence Defendant's BAC test result were set forth in HRS § 291-5 (1985): (a) In any criminal prosecution for a violation of section 291-4, ten-hundredths per cent or more by weight of alcohol in the…”
State v. Lau, 890 P.2d 291 (Haw. 1995). · cites it 5× “11 Therefore, because HRS § 291-4 and § 291-5 authorize a sentence of imprisonment pursuant to a criminal prosecution, DUI is clearly a criminal offense.”
State v. Tengan, 691 P.2d 365 (Haw. 1984). · cites it 5× “10% which then served as presumptive evidence of intoxication under HRS § 291-5. 3 Prior to trial in the District Court of the First Circuit, Tengan moved to exclude “all evidence obtained by the State in connection with the blood alcohol content breath test,” alleging the use…”
State v. Cannon, 532 P.2d 391 (Haw. 1975). · cites it 6× “In any criminal prosecution for a violation of section 291-4, the amount of alcohol in the defendant's blood within three hours after the time of the alleged violation as shown by chemical analysis or other approved analytical techniques of the defendant's blood or breath shall…”
State v. Boehmer, 613 P.2d 916 (Haw. App. 1980). · cites it 4× “HRS § 291-5 provides as follows: In any criminal prosecution for a violation of section 291-4, the amount of alcohol in the defendant’s blood within three hours after the time of the alleged violation as shown by chemical analysis or other approved analytical techniques of the…”
State v. O'BRIEN, 704 P.2d 905 (Haw. App. 1985). · cites it 4× “10 per cent or more, by weight of alcohol in the person’s blood,” together with HRS § 291-5(a) 4 which makes such weight of alcohol in the person’s blood within three hours of the alleged violation competent evidence in a criminal prosecution to prove the offense, is…”
State v. Lowther, 740 P.2d 1017 (Haw. App. 1987). · cites it 3× “2 An Intoxilyzer breath test is relevant in an HRS § 291-4(a) (1) prosecution because HRS § 291-5(a) (1985) provides: § 291-5 Evidence of intoxication, (a) In any criminal prosecution for a violation of section 291-4, ten-hundredths per cent or more by weight of alcohol in the…”
State v. Christie, 766 P.2d 1198 (Haw. 1988). · cites it 2× “And by virtue of HRS § 291-5 “the amount of alcohol found in the defendant’s blood within three hours after the lime of the alleged [offense] as shown by chemical analysis or other approved analytical techniques of the defendant’s blood or breath [is] competent evidence [to…”
Show all 21 citing cases →
— Haw. Rev. Stat. § 291-5(3) — 1 case
State v. Cannon, 532 P.2d 391 (Haw. 1975). “In any criminal prosecution for a violation of section 291-4, the amount of alcohol in the defendant's blood within three hours after the time of the alleged violation as shown by chemical analysis or other approved analytical techniques of the defendant's blood or breath shall…”
— Haw. Rev. Stat. § 291-5(a) — 9 cases
State v. Wetzel, 782 P.2d 891 (Haw. App. 1989). “05 percent or less created a presumption that the driver was not under the influence; (2) a BAC in excess of 0.”
State v. Tiedemann, 790 P.2d 340 (Haw. App. 1990). “We hold that the court’s instruction dealing with the statutory inference in HRS § 291-5(a) was prejudicially inadequate and constituted plain error.”
State v. Lau, 890 P.2d 291 (Haw. 1995). “11 Therefore, because HRS § 291-4 and § 291-5 authorize a sentence of imprisonment pursuant to a criminal prosecution, DUI is clearly a criminal offense.”
State v. O'BRIEN, 704 P.2d 905 (Haw. App. 1985). “10 per cent or more, by weight of alcohol in the person’s blood,” together with HRS § 291-5(a) 4 which makes such weight of alcohol in the person’s blood within three hours of the alleged violation competent evidence in a criminal prosecution to prove the offense, is…”
State v. Lowther, 740 P.2d 1017 (Haw. App. 1987). “2 An Intoxilyzer breath test is relevant in an HRS § 291-4(a) (1) prosecution because HRS § 291-5(a) (1985) provides: § 291-5 Evidence of intoxication, (a) In any criminal prosecution for a violation of section 291-4, ten-hundredths per cent or more by weight of alcohol in the…”
— Haw. Rev. Stat. § 291-5(b)(1) — 1 case
State v. Wetzel, 782 P.2d 891 (Haw. App. 1989). “05 percent or less created a presumption that the driver was not under the influence; (2) a BAC in excess of 0.”
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