CSHB 61(JUD): "An Act relating to the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; and providing for an effective date."
00CS FOR HOUSE BILL NO. 61(JUD) 01 "An Act relating to the offense of operating a motor vehicle, aircraft, or 02 watercraft while intoxicated; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. FINDINGS AND PURPOSE. (a) The legislature finds that the number of 05 persons who are drinking and driving in an impaired condition is a matter of serious concern, 06 and that there is a rational relationship between establishing a lower limit of alcohol 07 consumption and reducing the number of alcohol-related accidents and fatalities. 08 (b) It is the purpose of this Act to promote the general welfare and public safety by 09 imposing a more restrictive legal limit on alcohol consumption above which the person will 10 lose the privilege to drive. 11 * Sec. 2. AS 28.35.030(a) is amended to read: 12 (a) A person commits the crime of driving while intoxicated if the person 13 operates or drives a motor vehicle or operates an aircraft or a watercraft 14 (1) while under the influence of intoxicating liquor, or any controlled
01 substance; 02 (2) when, as determined by a chemical test taken within four hours 03 after the alleged offense was committed, there is 0.08 [0.10] percent or more by weight 04 of alcohol in the person's blood or 80 [100] milligrams or more of alcohol per 100 05 milliliters of blood, or when there is 0.08 [0.10] grams or more of alcohol per 210 06 liters of the person's breath; or 07 (3) while the person is under the combined influence of intoxicating 08 liquor and a controlled substance. 09 * Sec. 3. AS 28.35.033(a) is amended to read: 10 (a) Upon the trial of a civil or criminal action or proceeding arising out of acts 11 alleged to have been committed by a person while operating or driving a motor vehicle 12 or operating an aircraft or a watercraft while intoxicated, the amount of alcohol in the 13 person's blood or breath at the time alleged shall give rise to the following 14 presumptions: 15 (1) If there was 0.04 [0.05] percent or less by weight of alcohol in the 16 person's blood, or 40 [50] milligrams or less of alcohol per 100 milliliters of the 17 person's blood, or 0.04 [0.05] grams or less of alcohol per 210 liters of the person's 18 breath, it shall be presumed that the person was not under the influence of intoxicating 19 liquor. 20 (2) If there was in excess of 0.04 [0.05] percent but less than 0.08 21 [0.10] percent by weight of alcohol in the person's blood, or in excess of 40 [50] but 22 less than 80 [100] milligrams of alcohol per 100 milliliters of the person's blood, or 23 in excess of 0.04 [0.05] grams but less than 0.08 [0.10] grams of alcohol per 210 liters 24 of the person's breath, that fact does not give rise to any presumption that the person 25 was or was not under the influence of intoxicating liquor, but that fact may be 26 considered with other competent evidence in determining whether the person was 27 under the influence of intoxicating liquor. 28 (3) [REPEALED 29 (4)] If there was 0.08 [0.10] percent or more by weight of alcohol in 30 the person's blood, or 80 [100] milligrams or more of alcohol per 100 milliliters of the 31 person's blood, or 0.08 [0.10] grams or more of alcohol per 210 liters of the person's
01 breath, it shall be presumed that the person was under the influence of intoxicating 02 liquor. 03 * Sec. 4. This Act takes effect effect September 1, 1993.