HB 69: "An Act relating to the punishment of certain driving while intoxicated offenses; and providing for an effective date."
00HOUSE BILL NO. 69 01 "An Act relating to the punishment of certain driving while intoxicated offenses; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.55.102(d) is amended to read: 05 (d) The court may include the cost of the ignition interlock device as a part 06 of the fine required to be imposed against the defendant under AS 28.35.030 [AS 07 28.35.030(b)] or 28.35.032 [28.35.032(g)]. 08 * Sec. 2. AS 28.35.030(b) is amended to read: 09 (b) Except as provided under (n) of this section, driving [DRIVING] while 10 intoxicated is a class A misdemeanor. Upon conviction 11 (1) the court shall impose a minimum sentence of imprisonment of 12 (A) not less than 72 consecutive hours and a fine of not less 13 than $250 if the person has not been previously convicted; 14 (B) not less than 20 days and a fine of not less than $500 if the
01 person has been previously convicted once; 02 (C) not less than 180 [60] days and a fine of not less than 03 $5,000 [$1,000] if the person has been previously convicted twice [; 04 (D) NOT LESS THAN 120 DAYS AND A FINE OF NOT 05 LESS THAN $2,000 IF THE PERSON HAS BEEN PREVIOUSLY 06 CONVICTED THREE TIMES; 07 (E) NOT LESS THAN 240 DAYS AND A FINE OF NOT LESS 08 THAN $3,000 IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED 09 FOUR TIMES; 10 (F) NOT LESS THAN 360 DAYS AND A FINE OF NOT LESS 11 THAN $4,000 IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED 12 MORE THAN FOUR TIMES]; 13 (2) the court may not 14 (A) suspend execution of sentence or grant probation except on 15 condition that the person serve the minimum imprisonment under (1) of this 16 subsection; 17 (B) suspend imposition of sentence; 18 (3) the court shall revoke the person's driver's license, privilege to 19 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 20 vehicle or aircraft that was used in commission of the offense to be forfeited under 21 AS 28.35.036. 22 * Sec. 3. AS 28.35.030 is amended by adding a new subsection to read: 23 (n) A person is guilty of a class C felony if the person is convicted of driving 24 while intoxicated and has been previously convicted three or more times. The court 25 shall impose a minimum sentence of imprisonment of not less than one year and a fine 26 of not less than $10,000. The provisions of (b)(2) and (3) of this section apply to a 27 person sentenced under this subsection. 28 * Sec. 4. AS 28.35.032(f) is amended to read: 29 (f) Except as provided under (q) of this section, refusal [REFUSAL] to 30 submit to a chemical test authorized by AS 28.33.031(a) or AS 28.35.031(a) or (g) is 31 a class A misdemeanor.
01 * Sec. 5. AS 28.35.032(g) is amended to read: 02 (g) Upon conviction under this section 03 (1) the court shall impose a minimum sentence of imprisonment of 04 (A) not less than 72 consecutive hours and a fine of not less 05 than $250 if the person has not been previously convicted; 06 (B) not less than 20 days and a fine of not less than $500 if the 07 person has been previously convicted once; 08 (C) not less than 180 [60] days and a fine of not less than 09 $5,000 [$1,000] if the person has been previously convicted twice [; 10 (D) NOT LESS THAN 120 DAYS AND A FINE OF NOT 11 LESS THAN $2,000 IF THE PERSON HAS BEEN PREVIOUSLY 12 CONVICTED THREE TIMES; 13 (E) NOT LESS THAN 240 DAYS AND A FINE OF NOT 14 LESS THAN $3,000 IF THE PERSON HAS BEEN PREVIOUSLY 15 CONVICTED FOUR TIMES; 16 (F) NOT LESS THAN 360 DAYS AND A FINE OF NOT 17 LESS THAN $4,000 IF THE PERSON HAS BEEN PREVIOUSLY 18 CONVICTED MORE THAN FOUR TIMES]; 19 (2) the court may not 20 (A) suspend execution of the sentence required by (1) of this 21 subsection or grant probation, except on condition that the person serve the 22 minimum imprisonment under (1) of this subsection; or 23 (B) suspend imposition of sentence; 24 (3) the court shall revoke the person's driver's license, privilege to 25 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 26 vehicle or aircraft that was used in commission of the offense be forfeited under 27 AS 28.35.036; and 28 (4) the sentence imposed by the court under this subsection shall run 29 consecutively with any other sentence of imprisonment imposed on the person. 30 * Sec. 6. AS 28.35.032 is amended by adding a new subsection to read: 31 (q) A person is guilty of a class C felony if the person is convicted under this
01 section and has been previously convicted three or more times. Upon conviction, the 02 court shall impose a minimum sentence of imprisonment of one year and a fine of not 03 less than $10,000. The provisions of (g)(2), (3), and (4) of this section apply to a 04 person sentenced under this subsection. 05 * Sec. 7. APPLICABILITY. This Act applies to offenses that are committed on or after 06 the effective date of this Act. 07 * Sec. 8. This Act takes effect July 1, 1995.