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Hawaii Revised Statutes Division 1. Government § 124B-179

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Any person subject to this chapter who:

(1) Operates or physically controls a vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in section 124B-178; or

(2) Operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person's blood or breath is equal to or exceeds the applicable limit under subsection (b),

shall be punished as directed by a court-martial.

(b) For purposes of subsection (a), the applicable limit on the alcohol concentration in a person's blood or breath is the lesser of:

(1) The blood alcohol content limit under the law of the State, district, territory, or commonwealth of the United States in which the conduct occurred; except as provided under paragraph (3) for conduct on a military installation that is in more than one state, district, territory, or commonwealth;

(2) The blood alcohol content limit specified in subsection (c); or

(3) In the case of a military installation that is in more than one state, district, territory, or commonwealth, if those states, districts, territories, or commonwealths have different blood alcohol content limits under their respective state laws, the limit specified for the installation.

(c) For purposes of subsection (b), the blood alcohol content limit with respect to alcohol concentration in a person's blood is 0.08 grams of alcohol per one hundred milliliters of blood and with respect to alcohol concentration in a person's breath is 0.08 grams of alcohol per two hundred ten liters of breath, as shown by chemical analysis.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 1. Government § 124B-179 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-124b-179/

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