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The Honolulu Advertiser
Posted on: Thursday, May 1, 2008

BUREAUCRACY BUSTER
Driving with one good eye

By Treena Shapiro
Advertiser Columnist

Q. Does the law require driving with both contact lenses in place? I remember a gentleman who was able to drive with just one good eye.

A. That's a complex question. When you apply for a new driver's license or renewal, your vision in both eyes is tested.

To pass, your vision in at least one eye must be 20/40 or better and your peripheral vision must be adequate.

If you fail on either count, you'll have to get your vision corrected before you're licensed and your license will have a restriction printed on it requiring corrective lenses, outside mirrors on both sides of the car, or both.

"If your driver's license has a restriction then you're not supposed to drive unless you comply with the restriction," said city licensing administrator Dennis Kamimura. "If you're restricted to drive with glasses on, you have to be driving with glasses on."

Since it's possible that one contact lens can adequately correct vision to meet legal requirements, there's no clear-cut answer on whether both are required.

Your question brought up an interesting issue about what happens if a person is caught driving without the required lenses.

Since a police officer can't tell whether drivers are required to wear corrective lenses without seeing their licenses, noncompliance with the restriction is not likely to be the primary offense.

In a case where vision is obviously an issue, however, "The officer could cite the driver and not allow him or her to drive," said Honolulu Police Department spokeswoman Michelle Yu.

Q. Are there stricter penalties for a drunken driving conviction when there is a minor in the car at the time of arrest?

A. Yes. The penalties for driving while intoxicated vary depending on a number of factors, including blood-alcohol level and whether it is a repeat conviction.

The minimum conviction for a first-time offender is a substance abuse rehabilitation program and a 90-day license suspension, although exceptions might be made for work- and treatment-related purposes after 30 days.

In addition, a first-time offender could be sentenced to 72 hours of community service, between two and five days of imprisonment or a fine between $150 and $1,000.

According to Hawai'i Revised Statutes 291-E-5, an adult convicted of driving while intoxicated with a passenger younger than 15 can face heightened penalties, including an additional mandatory fine of $500 and, under certain circumstances, additional imprisonment of up to 48 hours.

Reach Bureaucracy Buster at buster@honoluluadvertiser.com or 535-2454. If you call, leave a message, your name and a daytime phone number.