HB 445: "An Act relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft."
00HOUSE BILL NO. 445 01 "An Act relating to operating or driving a motor vehicle, commercial motor 02 vehicle, aircraft, or watercraft." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.15.165(a) is amended to read: 05 (a) A law enforcement officer shall read a notice, and deliver a copy of it, to 06 a person operating a motor vehicle, commercial motor vehicle, or aircraft, if a 07 chemical test administered under AS 28.33.031(a) or AS 28.35.031(a) or (g) produces 08 a result described in AS 28.35.030(a)(2); a chemical test administered under 09 AS 28.33.031(a) produces a result described in AS 28.33.030(a)(2); or the person 10 refuses to submit to a chemical test authorized under AS 28.33.031(a) [AS 28.33.031] 11 or AS 28.35.031(a) or (g) [AS 28.35.032]. The notice must advise that 12 (1) the department intends to revoke the person's driver's license, 13 privilege to drive, or privilege to obtain a license, refuse to issue an original license 14 to the person, or disqualify the person;
01 (2) the person has the right to administrative review of the action taken 02 against the person's license or determination not to issue an original license; 03 (3) if the person has a driver's license or a nonresident privilege to 04 drive, the notice itself is a temporary driver's license that expires seven days after it 05 is delivered to the person, except that if the person was operating a commercial motor 06 vehicle the person will be ordered out of service for 24 hours under AS 28.33.130; 07 (4) revocation of the person's driver's license, privilege to drive, or 08 privilege to obtain a license, a determination not to issue an original license, or a 09 disqualification of the person, takes effect seven days after delivery of the notice to the 10 person unless the person, within seven days, requests an administrative review. 11 * Sec. 2. AS 28.15.165(c) is amended to read: 12 (c) Unless the person has obtained a temporary permit or stay of a 13 departmental action under AS 28.15.166, if the chemical test administered under 14 AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in 15 AS 28.35.030(a)(2) or the person refused to submit to a chemical test authorized 16 under AS 28.33.031(a) [AS 28.33.031] or AS 28.35.031(a) or (g) [AS 28.35.032], the 17 department shall revoke the person's license, privilege to drive, or privilege to obtain 18 a license, shall refuse to issue an original license, and, if the chemical test administered 19 under AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2) or the person 20 refused to submit to a chemical test authorized under AS 28.33.031(a) 21 [AS 28.33.031], shall disqualify the person. The department's action takes effect seven 22 days after delivery to the person of the notice required under (a) of this section, and 23 after receipt of a sworn report of a law enforcement officer 24 (1) that a chemical test administered under AS 28.33.031(a) or 25 AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2), that a 26 chemical test administered under AS 28.33.031(a) produced a result described in 27 AS 28.33.030(a)(2), or that a person refused to submit to a chemical test authorized 28 under AS 28.33.031(a) [AS 28.33.031] or AS 28.35.031(a) or (g) [AS 28.35.032]; 29 (2) that notice under (a) of this section was provided to the person; and 30 (3) describing the 31 (A) circumstances surrounding the arrest and the grounds for the
01 officer's belief that the person operated a motor vehicle, commercial motor 02 vehicle, or aircraft while intoxicated in violation of AS 28.33.030 or 03 AS 28.35.030; or 04 (B) grounds for the officer's belief that the person operated 05 a motor vehicle that was involved in an accident causing death or serious 06 physical injury to another person. 07 * Sec. 3. AS 28.15.166(g) is amended to read: 08 (g) The hearing for review of action by the department under AS 28.15.165 09 shall be limited to the issues of whether the law enforcement [ARRESTING] officer 10 had reasonable grounds to believe that the person was operating a motor vehicle that 11 was involved in an accident causing death or serious physical injury to another, 12 or that the person was operating a motor vehicle, commercial motor vehicle, or 13 aircraft while intoxicated in violation of AS 28.33.030 or AS 28.35.030 and whether 14 (1) the person refused to submit to a chemical test authorized under 15 AS 28.33.031(a) [AS 28.33.031] or AS 28.35.031(a) or (g) [AS 28.35.032] after being 16 advised that refusal would result in disqualification or the suspension, revocation, or 17 denial of the person's license, privilege to drive, or privilege to obtain a license, and 18 that the refusal is a misdemeanor; 19 (2) the chemical test administered [AUTHORIZED] under 20 AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in 21 AS 28.35.030(a)(2); or 22 (3) the chemical test administered [AUTHORIZED] under 23 AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2). 24 * Sec. 4. AS 28.15.181(a) is amended to read: 25 (a) Conviction of any of the following offenses is grounds for the immediate 26 revocation of a driver's license, privilege to drive, or privilege to obtain a license: 27 (1) manslaughter or negligent homicide resulting from driving a motor 28 vehicle; 29 (2) a felony in the commission of which a motor vehicle is used; 30 (3) failure to stop and give aid as required by law when a motor 31 vehicle accident results in the death or personal injury of another;
01 (4) perjury or making a false affidavit or statement under oath to the 02 department under a law relating to motor vehicles; 03 (5) operating a motor vehicle or aircraft while intoxicated; 04 (6) reckless driving; 05 (7) using a motor vehicle in unlawful flight to avoid arrest by a peace 06 officer; 07 (8) refusal to submit to a chemical test authorized under 08 AS 28.33.031(a) [AS 28.33.031] or AS 28.35.031(a) or (g) [AS 28.35.032 WHILE 09 UNDER ARREST FOR OPERATING A MOTOR VEHICLE, COMMERCIAL 10 MOTOR VEHICLE, OR AIRCRAFT WHILE INTOXICATED]; 11 (9) driving while license, privilege to drive, or privilege to obtain a 12 license, canceled, suspended, revoked, or in violation of a limitation. 13 * Sec. 5. AS 28.33.031(a) is amended to read: 14 (a) A person who operates a commercial motor vehicle in this state is 15 considered to have given consent to a chemical test or tests 16 (1) of the person's breath if lawfully arrested for an offense arising out 17 of acts alleged to have been committed when the person was operating the commercial 18 motor vehicle while intoxicated; the [. THE] test or tests may be administered at the 19 direction of a law enforcement officer who has reasonable grounds to believe that the 20 person was operating a commercial motor vehicle while intoxicated in violation of 21 AS 28.33.030 or AS 28.35.030; 22 (2) of the person's breath and blood for the purpose of determining 23 the alcoholic content of the person's breath and blood and is considered to have 24 given consent to a chemical test or tests of the person's blood and urine for the 25 purpose of determining the presence of controlled substances in the person's 26 blood and urine if the person is involved in a motor vehicle accident that causes 27 death or serious physical injury to another person; the test or tests may be 28 administered at the direction of a law enforcement officer who has reasonable 29 grounds to believe that the person was operating a commercial motor vehicle that 30 was involved in an accident causing death or serious physical injury to another 31 person.
01 * Sec. 6. AS 28.33.190 is amended to read: 02 Sec. 28.33.190. DEFINITIONS. In this chapter [AS 28.33.100 - 28.33.190], 03 (1) "alcoholic beverage" has the meaning given in AS 04.21.080(b); 04 (2) "commercial motor vehicle" has the meaning given in 05 AS 28.40.100; 06 (3) "controlled substance" means any substance listed as being 07 controlled under AS 11.71 or 21 U.S.C. 812 - 813, or determined under federal 08 regulations to be controlled for purposes of 21 U.S.C. 801 - 813 (Controlled 09 Substances Act); 10 (4) "disqualification" means a withdrawal of the privilege to drive a 11 commercial motor vehicle; 12 (5) "disqualified" means that a person's privilege to drive a commercial 13 motor vehicle has been withdrawn; 14 (6) "drive a commercial motor vehicle" means to affect the movement, 15 attempt to affect the movement, or to be in actual physical control, of a commercial 16 motor vehicle in motion, excluding slight motion incidental to loading, unloading, 17 servicing, or inspecting the vehicle; 18 (7) "employer" means a person who 19 (A) provides compensation to a person who operates a 20 commercial motor vehicle, including wages or other remuneration, whether 21 through an employment relationship or by contract; or 22 (B) acts as an agent of someone who provides compensation to 23 a person who operates a commercial motor vehicle, with authority to allow, 24 require, permit, assign, or authorize the person being compensated to operate 25 a commercial motor vehicle; 26 (8) "hazardous substance" means a substance found by the United 27 States Secretary of Transportation to be hazardous for purposes of 49 U.S.C. 1801 - 28 1813 (Hazardous Materials Transportation Act); 29 (9) "operating a commercial motor vehicle" means 30 (A) to drive a commercial motor vehicle; or 31 (B) whether or not the vehicle is in motion, or is capable of
01 being moved, to be in actual physical control, or to attempt to affect the 02 movement, of a commercial motor vehicle; and 03 (10) "serious traffic violation" means 04 (A) speeding 15 miles per hour or more above the posted limit; 05 (B) reckless or negligent driving, in violation of AS 28.35.040 06 or 28.35.045 or an ordinance with substantially similar elements; 07 (C) violation of a provision of this title, or a regulation adopted 08 under this title, relating to improper lane changes or following too closely, or 09 an ordinance with substantially similar elements; or 10 (D) violation of a law or ordinance relating to traffic control, 11 which was determined by the court by a preponderance of the evidence to have 12 been a factor in causing physical injury to a person. 13 * Sec. 7. AS 28.35.031 is amended by adding a new subsection to read: 14 (g) A person who operates or drives a motor vehicle in this state shall be 15 considered to have given consent to a chemical test or tests of the person's breath and 16 blood for the purpose of determining the alcoholic content of the person's breath and 17 blood and shall be considered to have given consent to a chemical test or tests of the 18 person's blood and urine for the purpose of determining the presence of controlled 19 substances in the person's blood and urine if the person is involved in a motor vehicle 20 accident that causes death or serious physical injury to another person. The test or 21 tests may be administered at the direction of a law enforcement officer who has 22 reasonable grounds to believe that the person was operating or driving a motor vehicle 23 in this state that was involved in an accident causing death or serious physical injury 24 to another person. 25 * Sec. 8. AS 28.35.032(a) is amended to read: 26 (a) If a person under arrest for operating a motor vehicle or aircraft while 27 intoxicated refuses the request of a law enforcement officer to submit to a chemical 28 test authorized under AS 28.33.031(a)(1) [AS 28.33.031(a)] or AS 28.35.031(a), or 29 if a person involved in a motor vehicle accident that causes death or serious 30 physical injury to another person refuses the request of a law enforcement officer 31 to submit to a chemical test authorized under AS 28.33.031(a)(2) or
01 AS 28.35.031(g), after being advised by the officer that the refusal will[, IF THAT 02 PERSON WAS ARRESTED WHILE OPERATING A MOTOR VEHICLE OR 03 AIRCRAFT,] result in the denial or revocation of the driver's license, privilege to 04 drive, or privilege to obtain a license, that the refusal may be used against the person 05 in a civil or criminal action or proceeding arising out of an act alleged to have been 06 committed by the person while operating a motor vehicle or [, AN] aircraft[, OR A 07 WATERCRAFT] while intoxicated, and that the refusal is a crime, a chemical test may 08 not be given, except as provided by AS 28.35.035. If a person under arrest for 09 operating a watercraft while intoxicated refuses the request of a law enforcement 10 officer to submit to a chemical test authorized under AS 28.35.031(a), after being 11 advised by the officer that the refusal may be used against the person in a civil 12 or criminal action or proceeding arising out of an act alleged to have been 13 committed by the person while operating a watercraft while intoxicated, and that 14 the refusal is a crime, a chemical test may not be given, except as provided by 15 AS 28.35.035. 16 * Sec. 9. AS 28.35.032(e) is amended to read: 17 (e) The refusal of a person to submit to a chemical test authorized under 18 AS 28.33.031(a) or AS 28.35.031(a) or (g) [OF BREATH UNDER (a) OF THIS 19 SECTION] is admissible evidence in a civil or criminal action or proceeding arising 20 out of an act alleged to have been committed by the person while operating or driving 21 a motor vehicle or operating an aircraft or watercraft while intoxicated. 22 * Sec. 10. AS 28.35.032(f) is amended to read: 23 (f) Refusal to submit to a [THE] chemical test [OF BREATH] authorized by 24 AS 28.33.031(a) or AS 28.35.031(a) or (g) is a class A misdemeanor. 25 * Sec. 11. AS 28.35.032(j) is amended to read: 26 (j) For purposes of this section, convictions for operating or driving while 27 intoxicated under AS 28.33.030 or AS 28.35.030 and for refusal to submit to a 28 chemical test [OF BREATH] under this section, if arising out of a single transaction 29 and a single arrest, are considered one previous conviction. 30 * Sec. 12. AS 28.35.035(a) is amended to read: 31 (a) If a person is under arrest for an offense arising out of acts alleged to have
01 been committed while the person was operating a motor vehicle, aircraft, or watercraft 02 while intoxicated, and that arrest results from an accident that causes death or physical 03 injury to another person, a chemical test may be administered without the consent of 04 the person arrested to determine the amount of alcohol in that person's breath or blood 05 or to determine the presence of controlled substances in that person's blood and 06 urine. 07 * Sec. 13. AS 28.35.035(b) is amended to read: 08 (b) A person who is unconscious or otherwise in a condition rendering that 09 person incapable of refusal is considered not to have withdrawn the consent provided 10 under AS 28.33.031(a) or AS 28.35.031(a) or (g) and a chemical test may be 11 administered to determine the amount of alcohol in that person's breath or blood or 12 to determine the presence of controlled substances in that person's blood and 13 urine. A person who is unconscious or otherwise incapable of refusal need not be 14 placed under arrest before a chemical test may be administered. 15 * Sec. 14. AS 28.35.036(b) is amended to read: 16 (b) For purposes of this section, convictions for both driving while intoxicated 17 and for refusal to submit to a chemical test authorized [OF BREATH] under 18 AS 28.35.031(a) or (g), if arising out of a single transaction and a single arrest, are 19 considered one previous conviction. 20 * Sec. 15. AS 28.35 is amended by adding a new section to read: 21 Sec. 28.35.039. DEFINITION FOR AS 28.35.029 - 28.35.039. In 22 AS 28.35.029 - 28.35.039, "controlled substance" has the meaning given in 23 AS 28.33.190. 24 * Sec. 16. AS 28.40.100(a) is amended by adding a new paragraph to read: 25 (24) "serious physical injury" means the same as in AS 11.81.900(b). 26 * Sec. 17. AS 28.35.030(m)(1) is repealed.