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State v. O''Brien4/16/1985
t-->Comm. Rep. No. 999, in 1983 Senate Journal, at 1477-78 (emphasis added).
The 1982 and 1983 amendments substantially reduced the maximum imprisonment penalty to 180 days. However, the maximum potential fine of $1,000 was retained and other penalties, including community service work and suspension or revocation of driver's license, were added. Of greater impact, the specified penalties were made mandatory "without possibility of probation or suspension of sentence." HRS § 291-4(b). Since the legislature amended the 1949 law, under which DUI was a serious offense, with the intent of strengthening the penalties because DUI was a serious and tragic problem, it would be incongruous for us to conclude that in 1983 DUI was a petty offense merely because the maximum imprisonment penalty was reduced to 180 days.
Few courts have dealt with DUI and the right to a jury trial on a federal constitutional level. However, in Arizona, Ohio, Oregon, and South Dakota, DUI is deemed to be a serious, and not a petty, offense in that constitutional context, despite the fact that the magnitude of the penalty is not severe. See Rothweiler v. Superior Court of Pima County, 100 Ariz. 37, 410 P.2d 479 (1966); Brady v. Blair, 427 F. Supp. 5 (S.D. Ohio 1977); Brown v. Multnomah County District Court, 280 Or. 95, 570 P.2d 52 (1977); Parham v. Municipal Court, City of Sioux Falls, 86 S.D. 531, 199 N.W.2d 501 (1972). Also, two federal cases hold that, although the maximum penalty for DUI in a national park is six months' imprisonment or a $500 fine plus
payment of costs, it is a constitutionally serious offense entitling the offender to a jury trial. See United States v. Craner, supra; United States v. Woods, supra.
We now join these jurisdictions and conclude that DUI is a constitutionally serious offense. Accordingly, we hold that Defendant was denied his constitutional right to a trial by jury.
Reversed and remanded for a jury trial.
Disposition
Reversed and remanded for a jury trial.
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