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COUNTY OF HAWAII <br />STATE OF HAWAII <br />RESOLUTION NO. 156 11 <br />A RESOLUTION TO REQUEST THAT THE LEGISLATURE OF THE STATE OF <br />HAWAII AMEND CHAPTER 244D, SECTION 244D -4, HAWAII REVISED <br />STATUTES, RELATING TO INCREASING THE GALLONAGE TAX ON LIQUOR. <br />WHEREAS, according to "U.S. Department of Transportation, 2009 ", the County of <br />Hawai`i has the highest percentage of fatalities caused by persons driving while under the <br />influence of alcohol in the State of Hawai`i and in the nation; and <br />WHEREAS, residents and visitors who drive while under the influence of an intoxicant, <br />or who continue to drive while under the influence of an intoxicant after being arrested, have <br />created costly, emotional and physical pain, and inflicted tragic and intolerable situations for the <br />people and families of the victims they injure and kill; and <br />WHEREAS, costs for first responders, fire fighters, EMS personnel, and police officers, <br />costs for second responder, the Traffic Division, and costs for the Office of the Prosecuting <br />Attorney, are paid for by the respective counties; and <br />WHEREAS, untold millions of dollars are spent by the counties to cover the cost of <br />crashes and crash fatalities involving persons who drive while under the influence of an <br />intoxicant; and <br />WHEREAS, whether occurring on a state or federal highway, expenses and costs <br />associated with these crashes and crash fatalities involving persons who drive while under the <br />influence of an intoxicant accrue to the counties and are not currently reimbursed; and <br />WHEREAS, Section 291E, Hawai`i Revised Statutes, established the Blood Alcohol <br />Content (BAC) for any criminal prosecution and, provides in pertinent part, as follows: <br />(1) HRS section 291E -3(a): ".08 or more grams of alcohol per one hundred milliliters <br />or cubic centimeters of the person's blood or .08 or more grams of alcohol per two <br />hundred ten liters of the person's breath...within three hours after the time of the <br />alleged violation as shown by chemical analysis or other approved analytical <br />techniques of the person's blood, breath, or urine shall be competent evidence that <br />the person was under the influence of an intoxicant at the time of the alleged <br />violation." <br />(2) HRS section 291E-3(b)(1): "If there were .05 or less grams of alcohol per one <br />hundred milliliters or cubic centimeters of defendant's blood or .05 or less grams <br />