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(6) 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 />Hawaii
<br />Maui
<br />Kauai
<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 />$8,966,476
<br />WHEREAS, the following chart shows the current tax per gallon and the potential tax
<br />amount based on an increase of thirty percent per gallon; and
<br />WHEREAS, potential revenues received from a thirty per cent increase of the gallonage
<br />tax on liquor would supplement services provided by police, fire, emergency medical services,
<br />road cleanup, prosecution associated with crashes involving persons driving while under the
<br />2
<br />Distilled Spirits
<br />Sparkling Wine
<br />Still Wine
<br />Cooler Beverages
<br />Beer other than
<br />Draft Beer
<br />Draft Beer
<br />Current Tax/Gallon
<br />$ 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 />WHEREAS, potential revenues received from a thirty per cent increase of the gallonage
<br />tax on liquor would supplement services provided by police, fire, emergency medical services,
<br />road cleanup, prosecution associated with crashes involving persons driving while under the
<br />2
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