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Towing of DUI vehicles to begin this month

Hope is that towing, fees are deterrents

Police traffic investigator Jun Hattori administers field sobriety tests on a driver stopped Nov. 22 at the inaugural Hannah Brown Memorial Intoxication Checkpoint on Kuihelani Highway. The driver was released after it was determined she wasn’t impaired. Police plan to begin implementing a new law allowing for towing of a vehicle when its driver is arrested for DUI. The Maui News / LILA FUJIMOTO photo

WAILUKU — Police say they will take another step toward curbing impaired driving this month when they begin towing vehicles operated by people arrested for driving under the influence of alcohol or drugs.

“If somebody’s impaired, you wouldn’t give them a gun,” said Lt. William Hankins, commander of the police Traffic Section. “So why would we give impaired drivers the keys to the car and give them the opportunity to go back and get their weapon.

“We’re trying to change behavior to prevent drunk driving.”

By mid- to late January, Hankins said police expect to begin implementing the DUI tow law that was passed by the Maui County Council and signed into law Dec. 20 by Mayor Michael Victorino.

The law allows police to tow vehicles operated by drivers who are arrested for driving under the influence of an intoxicant, as well as those arrested for habitually driving under the influence, driving without a license or driving after their license is suspended or revoked for impaired driving.

Police traffic commander Lt. William Hankins talks with Council Member Yuki Lei Sugimura (left) and Mothers Against Drunk Driving volunteer Andrea Maniago on Thursday about plans to implement a new law allowing police to tow a vehicle when its operator is arrested for driving under the influence of an intoxicant. The three are in front of Hale Maka‘i police headquarters in Wailuku. The Maui News / LILA FUJIMOTO photo

The registered owner of the vehicle would be responsible for paying the towing and storage fees.

“If you’re drinking and driving or you’re high on drugs, very, very soon you’re going to have to get bail for yourself and get money for all the fees for the tow as well as the storage fees,” Hankins said.

He said the towing and storage fees could be in the range of $300 to $600, depending on how long the vehicle is held and the time of day it’s towed.

If a vehicle is towed at 1 or 2 in the morning, when most DUI arrests occur, the cost likely will include an after-hours fee, Hankins said.

He said drivers arrested for DUI will be given the opportunity to choose a towing company. For those who don’t choose, police will assign the company next on the rotation list.

The list has 10 towing companies, including one on Molokai.

Police won’t tow a vehicle in certain circumstances, including when a passenger is sober, has a driver’s license and is willing to assume the responsibility of driving the vehicle away.

Police also won’t tow a vehicle parked on private property at the residence of the registered owner or the operator or if the owner of the property where the vehicle is parked doesn’t object.

“Other than that, there’s a good chance that a vehicle is going to be towed,” Hankins said.

Under current procedures, after someone is arrested for DUI, officers go into the car and move it off the shoulder of the road.

After being released on bail following their arrests, some offenders get rides from the police station right back to their vehicles, Hankins said.

“Most people, the second they get out, they want to go get their car,” he said.

If a vehicle is parked after a DUI arrest at 9 or 10 p.m., it’s not uncommon for officers to find the vehicle gone by midnight, Hankins said.

When officers see the car again, “sometimes it’s involved in a crash,” he said. “Sometimes, the driver is still weaving all over the road, still impaired. That’s double the potential fatalities that are out on the road.”

With the new law, someone whose car is towed after a nighttime DUI arrest would have to wait until regular business hours to pay to reclaim the vehicle from the towing company, Hankins said.

He said drivers already are impacted when they’re arrested for DUI. “Now to have to go through the humiliation of having to get your car back — we’re trying to let people know this is unacceptable behavior, and you will kill somebody if this continues,” he said.

“The overall intent behind this law is to target people driving impaired. It’s good to have that tool,” Hankins said. “Having this tool is going to take a weapon away from offenders, and it’s going to keep the roads clear and make it safer for everybody else.”

He noted the new law doesn’t generate income for the county.

“The county gets zero dollars,” Hankins said. “The only benefit for the county is saving lives.”

Council Member Yuki Lei Sugimura initiated the DUI tow bill after discussions in her Multimodal Transportation Committee about ways to reduce the number of alcohol- or drug-related traffic collisions.

Last year, at least 15 of the 23 traffic deaths on Maui County roads were alcohol or drug related for a rate of about 65 percent, police said. Police made 533 DUI arrests last year.

The committee focused on “how can we make a statement to let people know there’s too many deaths caused by impaired drivers,” Sugimura said.

She said Hankins and Maui County Prosecuting Attorney Don Guzman pushed for the measure, which is similar to one enacted on Hawaii island.

The committee adopted a “vision zero” goal of having no drug- or alcohol-related traffic deaths, Sugimura said.

“If we could have zero alcohol-related fatalities for 2020, that would be a monumental achievement for the county,” Hankins said. “The goal is to lower it. I’d like to see it at zero.

“Everybody’s working together for the common goal of saving lives. We don’t want to punish people. We don’t want to take their vehicles. But if they choose to put other people’s lives at risk, we will.”

With officers being trained and implementation near, Hankins, Sugimura and Mothers Against Drunk Driving volunteer Andrea Maniago are working to spread the word about the new law.

“I’m definitely excited to see this tow ordinance happen,” Maniago said. “If it helps bring the numbers from 15 to zero, that would definitely be the goal. If not, I’m just hoping that this tow ordinance will lower the number of deaths caused by DUIs.”

“Building awareness is so important,” Sugimura said. “The good thing is I’m hearing a lot of people talking about it. If you need to catch a ride and can’t drive, there are alternatives out there from taxis or Uber or Lyft. Or you can call a friend.”

Hankins said he hopes bars will consider posting information about the DUI tow law. “It is only going to provide better customer service and safety for their customers,” he said.

Since November, when police intensified their work with MADD, council members and others in the community held sign-wavings and called attention to the dangers of drunken driving, Hankins said the county hasn’t had any alcohol- or drug-related traffic fatalities.

On New Year’s Eve, when police set up four DUI checkpoints and increased roving patrols, five people were arrested for impaired driving by 9 p.m. Then news of the arrests spread on social media.

“By 10:30, it was literally like somebody had flipped the switch,” Hankins said.

He said officers made no more DUI arrests that night. Instead, police saw hotel workers carpooling, tourists arriving from flights, sober drivers shuttling others around and partygoers using ride-sharing services.

“That’s what we wanted to see,” Hankins said.

One social media commenter noted that “DUI is no longer an acceptable behavior.”

“I’ve definitely noticed people’s comments changing,” Maniago said.

She has been a MADD volunteer for a decade after the death of her 16-year-old son, Ka’io Fukushima, a Baldwin High School student who was among passengers killed in a drunken driving crash in Kula in July 2009.

“We’re definitely making an impact with the public as far as changing the mindset,” Hankins said. “The goal is to change the behavior. The goal is zero.

“We have been fortunate enough to say we’ve had no alcohol-related fatalities since we’ve started addressing this. We’re hoping to continue on into the new year.”

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.

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