RES 157 Draft 01 2010-2012 - Laserfiche WebLink

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(2) HRS section 291E- 3(b)(1): "If there were .05 or less grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .05 or less grams of alcohol per two hundred ten liters of defendant's breath, it shall be presumed that the defendant was not under the influence of alcohol at the time of the alleged violation." (3) HRS section 291E-3(b)(2): "If there were in excess of .05 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .05 grams of alcohol per two hundred ten liters of defendant's breath, but less than .08 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .08 grams of alcohol per two hundred ten liters of defendant's breath, that fact may be considered with other competent evidence in determining whether the defendant was under the influence of alcohol at the time of the alleged violation, but shall not of itself give rise to any presumption. "; and WHEREAS, many people drive with a BAC between 0.05 and 0.08, and some of those people may be involved in crashes; WHEREAS, from 1998 to 2011, the Consumer Price Index has increased by over thirty - five percent; and WHEREAS, the gallonage tax on liquor has not been raised since 1998, and the following chart indicates the potential percentage increase and revenue that counties may receive; and 2010 Hawaii Maui Kauai O'ahu Total Tax $5,849,036 $6,447,013 $2,774,765 $29,888,254 Revenues increase 10% $584,904 $644,701 $277,477 $2,988,825 increase 20% $1,169,807 $1,289,403 $554,953 $5,977,651 increase 30% $1,754,711 $1,934,104 $832,430 $8,966,476 2