Under today's State v. Bryan (PDF), prior OVLPSR-OVUII convictions (Operating a Vehicle after License and Privilege have been Suspend or Revoked for Operating a Vehicle under the Influence of an Intoxicant) are an essential offense element that must be alleged in the charging instrument in order to impose the enhanced penalties for repeat offenders under HRS 291E-62.
Also, a la Wheeler, the "public road" requirement is an essential element of the OVLPSR-OVUII offense and must be charged against a defendant. (However, under the liberal construction rule, where the objection to the sufficiency of the charge was not raised below, a "public road" allegation made in a companion count - an open container charge in this case - is sufficient to sustain the OVLPSR-OVUII charge).
(Nakamura, Leonard, Reifurth, JJ., by Nakamura; Deputy Public Defender Ronette M. Kawakami, Honolulu Deputy Prosecuting Attorney Brian R. Vincent on the briefs).
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