[PART
XIV. BLOOD ALCOHOL]
§321-161 Chemical testing for alcohol
concentration or drug content. (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. [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]
Case Notes
The health department rules are applicable only to the
proceedings enumerated in this section; and when the State seeks to introduce
the breathalyzer results in a prosecution outside the ambit of this section, it
must establish a foundation independent of the rules. 1 H. App. 625, 623 P.2d
1271 (1981).
Intoxilyzer test result inadmissible where officer
administering test had less than required training and had not been issued
appropriate permit. 5 H. App. 575, 704 P.2d 927 (1985).
To admit intoxilyzer test result, there must be strict
compliance with rules having direct bearing on validity and accuracy of test
result. 6 H. App. 554, 732 P.2d 253 (1987).
Where intoxilyzer not checked for accuracy, test results
inadmissible, though operator followed operational checklist and device
allegedly "fail-safe". 6 H. App. 569, 733 P.2d 326 (1987).
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1981–2021 · leading case:
State v. Souza, 732 P.2d 253 (Haw. App. 1987).
State v. Souza, 732 P.2d 253 (Haw. App. 1987).
· cites it 14× “HRS § 321-161 (1985), which codifies Act 139, states: Chemical testing for blood-alcohol concentration, (a) The department of health shall establish and administer a statewide program relating to chemical testing of blood-alcohol concentrations for the purposes of chapter 286,…”
State v. Liuafi, 623 P.2d 1271 (Haw. App. 1981).
· cites it 7× “The regulations were promulgated pursuant to the provisions of HRS § 321-161 (1976) and HRS chapter 91, and became effective June 2, 1975.”
Miller v. Tanaka, 910 P.2d 129 (Haw. App. 1996).
· cites it 8× “As directed by HRS § 286-257(a)(2), the "Sworn Statement of Intoxilyzer Supervisor" declared that (1) she or he was a "duly certified intoxilizer [sic] supervisor trained to maintain and verify the accuracy" of the intoxilyzer machine; (2) the machine was "an alcohol testing…”
State v. Davis., 400 P.3d 453 (Haw. 2017).
· cites it 8× “23 See HRS § 321-161 (2010) (authorizing the department of health to establish and administer a statewide program relating to alcohol concentration testing for purposes of HRS chapter 291E).”
State v. Werle, 218 P.3d 762 (Haw. 2009).
· cites it 6× “HRS § 321-161 provides that: (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…”
State v. Christie, 766 P.2d 1198 (Haw. 1988).
· cites it 4× “HRS § 321-161 directs the department to establish inter alia appropriate procedures for “specimen selection, collection, handling and analysis” and vests it with authority to adopt the necessary rules and regulations.”
Park v. Tanaka, 859 P.2d 917 (Haw. 1993).
· cites it 4× “] HRS § 321-161 (Supp. 1992) directs the State of Hawai'i Department of Health (DOH) to promulgate rules relative to the use of blood alcohol content testing equipment.”
State v. Shoichi Nakahara, 704 P.2d 927 (Haw. App. 1985).
· cites it 6× “By its enactment of HRS § 321-161 (1976), 5 the legislature has placed “[t]he responsibility of maintaining ‘scientific and technical control of chemical testing for blood alcohol’ ” on a statewide basis on the Department of Health.”
State v. Tengan, 691 P.2d 365 (Haw. 1984).
· cites it 2× “In conformity with the directives of Act 139, now codified as HRS § 321-161, the Director of Health has promulgated comprehensive rules governing the chemical testing of blood, breath and other bodily substances, in accord with HRS Chapter 91.”
Castro v. Admin. Dir. of the Courts, 40 P.3d 865 (Haw. 2002).
· cites it 2× “If a test conducted in accordance with part VII and section 321-161 and the rules adopted thereunder shows that the arrestee's alcohol concentration was less than .”
McGrail v. Admin. Dir. of the Courts, 305 P.3d 490 (Haw. App. 2013).
· cites it 2× “; (2) In a case involving an alcohol related offense, the sworn statement of the *80 person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder: (A) The equipment used to conduct the…”
State v. Christie, 764 P.2d 1245 (Haw. App. 1988).
· cites it 2× “HRS § 321-161 (1985) places “[t]he responsibility of maintaining ‘scientific and technical control over chemical testing for blood alcohol’ ” on the Department of Health (Department).”
— Haw. Rev. Stat. § 321-161(b) — 1 case
State v. Souza, 732 P.2d 253 (Haw. App. 1987).
“HRS § 321-161 (1985), which codifies Act 139, states: Chemical testing for blood-alcohol concentration, (a) The department of health shall establish and administer a statewide program relating to chemical testing of blood-alcohol concentrations for the purposes of chapter 286,…”
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