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State v. Ahakuelo6/19/1984
gent effect to each. Waikiki Resort Hotel, Inc. v. City and County of Honolulu, 63 Haw. 222, 624 P.2d 1353 (1981); State v. Davis, 63 Haw. 191, 624 P.2d 376 (1981).
Construing HRS § 291-4(a)(1) and (2) together and giving a sensible and intelligent effect to each, it is clear that the legislature
intended that the increased penalties of § 291-4(a)(2) are applicable only where sentence is being imposed for a DUI offense which occurred after a prior DUI conviction. Any interpretation contrary to this would not give effect to the triggering provisions of § 291-4(a)(2) and would not produce a harmonious result with the entire statute.
The intention of the legislature in promulgating § 291-4(a)(2) is clear. It was to impose the mandatory sentencing provisions thereof on persons convicted of a DUI "offense which occurs within four years of a prior conviction under this section." (Emphasis added.) The focus of the section is upon the commission of a subsequent DUI offense by a person who has already had a drunk driving conviction. The event which triggers the mandatory sentence is the prior conviction followed by the subsequent offense. In the instant case, the second DUI offense was committed before Defendant was convicted of his first DUI offense and therefore the mandatory sentence provision of § 291-4(a)(2) was not applicable in sentencing Defendant.
Accordingly, we vacate the sentence of the trial court and remand this case for resentencing on the second conviction only. Defendant shall be sentenced under that portion of § 291-4(a)(1) (1982) that covers "any offense not preceded within a four-year period by a conviction under this section, . . ."
Disposition
Accordingly, we vacate the sentence of the trial court and remand this case for resentencing on the second conviction only. Defendant shall be sentenced under that portion of § 291-4(a)(1) (1982) that covers "any offense not preceded within a four year period by a conviction under this section, . . ."
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