HB 24: "An Act relating to the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date."
00HOUSE BILL NO. 24 01 "An Act relating to the offense of operating a motor vehicle, aircraft, or 02 watercraft while intoxicated; relating to presumptions arising from the amount 03 of alcohol in a person's breath or blood; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 28.35.030(a) is amended to read: 06 (a) A person commits the crime of driving while intoxicated if the person 07 operates or drives a motor vehicle or operates an aircraft or a watercraft 08 (1) while under the influence of intoxicating liquor, or any controlled 09 substance; 10 (2) when, as determined by a chemical test taken within four hours 11 after the alleged offense was committed, there is 0.08 [0.10] percent or more by weight 12 of alcohol in the person's blood or 80 [100] milligrams or more of alcohol per 100 13 milliliters of blood, or when there is 0.08 [0.10] grams or more of alcohol per 210 14 liters of the person's breath; or
01 (3) while the person is under the combined influence of intoxicating 02 liquor and a controlled substance. 03 * Sec. 2. AS 28.35.033(a) is amended to read: 04 (a) Upon the trial of a civil or criminal action or proceeding arising out of acts 05 alleged to have been committed by a person while operating or driving a motor vehicle 06 or operating an aircraft or a watercraft while intoxicated, the amount of alcohol in the 07 person's blood or breath at the time alleged shall give rise to the following 08 presumptions: 09 (1) If there was 0.04 [0.05] percent or less by weight of alcohol in the 10 person's blood, or 40 [50] milligrams or less of alcohol per 100 milliliters of the 11 person's blood, or 0.04 [0.05] grams or less of alcohol per 210 liters of the person's 12 breath, it shall be presumed that the person was not under the influence of intoxicating 13 liquor. 14 (2) If there was in excess of 0.04 [0.05] percent but less than 0.08 15 [0.10] percent by weight of alcohol in the person's blood, or in excess of 40 [50] but 16 less than 80 [100] milligrams of alcohol per 100 milliliters of the person's blood, or 17 in excess of 0.04 [0.05] grams but less than 0.08 [0.10] grams of alcohol per 210 liters 18 of the person's breath, that fact does not give rise to any presumption that the person 19 was or was not under the influence of intoxicating liquor, but that fact may be 20 considered with other competent evidence in determining whether the person was 21 under the influence of intoxicating liquor. 22 (3) [REPEALED 23 (4)] If there was 0.08 [0.10] percent or more by weight of alcohol in 24 the person's blood, or 80 [100] milligrams or more of alcohol per 100 milliliters of the 25 person's blood, or 0.08 [0.10] grams or more of alcohol per 210 liters of the person's 26 breath, it shall be presumed that the person was under the influence of intoxicating 27 liquor. 28 * Sec. 3. This Act takes effect September 1, 1995.