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(3) <br />of alcohol per two hundred ten liters of defendant's breath, it shall be presumed <br />that the defendant was not under the influence of alcohol at the time of the alleged <br />violation." <br />HRS section 291E- 3(b)(2): "If there were in excess of .05 grams of alcohol per <br />one hundred milliliters or cubic centimeters of defendant's blood or .05 grams of <br />alcohol per two hundred ten liters of defendant's breath, but less than .08 grams of <br />alcohol per one hundred milliliters or cubic centimeters of defendant's blood or <br />.08 grams of alcohol per two hundred ten liters of defendant's breath, that fact <br />may be considered with other competent evidence in determining whether the <br />defendant was under the influence of alcohol at the time of the alleged violation, <br />but shall not of itself give rise to any presumption. "; and <br />WHEREAS, many people drive with a BAC between 0.05 and 0.08, and some of those <br />people may become involved in crashes; and <br />WHEREAS, from 1998 to 2011, the Consumer Price Index has increased by over thirty - <br />five per cent; and <br />WHEREAS, the gallonage tax on liquor has not been raised since 1998, and the <br />following chart indicates the potential percentage increase and revenue that the counties may <br />receive; and <br />2010 <br />Hawai`i <br />Maui <br />Kaua`i <br />O'ahu <br />Total Tax <br />Revenues <br />$5,849,036 <br />$6,447,013 <br />$2,774,765 <br />$29,888,254 <br />increase 10% <br />$584,904 <br />$644,701 <br />$277,477 <br />$2,988,825 <br />increase 20% <br />$1,169,807 <br />$1,289,403 <br />$554,953 <br />$5,977,651 <br />increase 30% <br />$1,754,711 <br />$1,934,104 <br />$832,430 <br />$8,966,476 <br />WHEREAS, the following chart shows the current tax per gallon and the potential tax <br />amount based on an increase of thirty percent per gallon; and <br />2 <br />Distilled Spirits <br />Sparkling Wine <br />Still Wine <br />Cooler Beverages <br />Beer other than <br />Draft Beer <br />Draft Beer <br />Current Tax /Gallon <br />$ 5.98 <br />$ 2.12 <br />$ 1.38 <br />$ 0.85 <br />$ 0.93 <br />$ 0.54 <br />Increase Tax — 30% <br />7.78 <br />2.76 <br />1.80 <br />1.11 <br />1.21 <br />0.70 <br />2 <br />