Maui Impaired Driving Weekend Enforcement Nets 12 Arrests, 7 Towed Vehicles

Frank Kane Jr. PC: Maui Police Department.

The Maui Police Department Traffic Division DUI Task Force made 12 arrests for impaired  driving and towed seven vehicles during an impaired driving enforcement effort over the Super Bowl weekend.  The enforcement effort, which ran from Friday, Jan. 31 to Sunday, Feb. 2, 2020, also included a felony arrest of a driver for Habitually Operating a Vehicle while Under the Influence.

Those vehicles that were not towed under the new county DUI tow ordinance were either disabled due to damages related to motor vehicle crashes, or there was a sober passenger able to legally drive the vehicle.

Among the arrests was 44-year-old Frank Kane Jr. of Lahaina. Police say the arrest came after a concerned citizen called the Maui Police Department Central Dispatch to report a vehicle operated by Kane “swerving all over the roadway, crossing into the oncoming lane and driving on the shoulder of the roadway while traveling southbound on Maui Veteran’s Highway.”

Kīhei Patrol Officers intercepted the vehicle and conducted a traffic stop. A DUI Task Force officer arrived on scene and took over the investigation.

Police say that through investigation, they determined that Kane had been operating his vehicle while under the influence of an intoxicating liquor.  “Further checks revealed Kane was found to be Habitually Operating a Vehicle while Under the Influence of an Intoxicant (OVUII), a Class C Felony offense punishable by up to five years in prison,” said Lt. William Hankins, Commander of the Maui Police Department’s Traffic Division.

Kane was arrested for Habitual OVUII and Driving after License Revoked for OVUII.  He is currently being held at the Wailuku Police Station in lieu of $6,000 bail. The vehicle operated by Kane at the time of the traffic stop was towed from the scene in accordance with the new Maui County tow ordinance.

Kane was scheduled to make an initial court appearance this afternoon.

The tow ordinance, also known as Bill 70 gained unanimous passage in Council on Dec. 20, ahead of the New Year.

In the State of Hawaiʻi, an OVUII arrest becomes a felony on the third arrest following two prior convictions within 10 years of the offense; Or if a person was convicted of Habitual OVUII one or more times within 10 years prior to the offense.

Penalties for driving while under the influence are listed under Hawaiʻi Revised Statutes 291E-061.

• For a first time offense, this includes a 14 hour minimum substance abuse rehabilitation program; one-year revocation of license; and one or more of the following: 72-hours of community service, between 2 to 5 days of jail time, and between $250 and $1,000 in fines.
• For an additional DUI offense within 10 years of a prior conviction, the driver faces: 2 to 3 year revocation of their license and installation during the revocation period of an ignition interlock device on any vehicle operated by the person. A repeat offense also calls for either no less than 240 hours of community service or between five and 30 days in jail, of which at least forty-eight hours shall be served consecutively; a fine of between $1,00 and $3,000; and various other surcharges.

Lawmakers are currently considering Senate Bill 2234 this session that seeks to lower the threshold of Blood Alcohol Concentration for the offense of operating a vehicle while under the influence of an intoxicant from .08 to .05.