State v. Nesmith

Opinion of the Court by

McKENNA, J.

In these cases consolidated for disposition, we (1) hold that pursuant to State v. Wheeler, 121 Hawai'i 383, 219 P.3d 1170 (2009), a charge of operating a vehicle under the influence of an intoxicant (“OVUII”) under Hawai'i Revised Statutes (“HRS”) § 291E-61(a)(l)(2007)1 must allege the requisite mens rea 2 in order to fully define the offense in unmistakable terms readily comprehensible to persons of common understanding; (2) on the other hand, reaffirm that an OVUII charge under HRS § 291E-61(a)(3)(2007)3 is an absolute liability offense for which mens rea…