HB 204: "An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol; establishing penalties for these offenses; and relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft."
00HOUSE BILL NO. 204 01 "An Act relating to the administrative revocation of a minor's license to drive; 02 creating criminal offenses of minor operating a vehicle after consuming alcohol, 03 a minor's refusal to submit to chemical test, and driving during the 24 hours 04 after being cited for minor operating a vehicle after consuming alcohol; 05 establishing penalties for these offenses; and relating to implied consent to 06 certain testing if operating a motor vehicle, aircraft, or watercraft." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 28.15.183(a) is amended to read: 09 (a ) If a peace officer has probable cause and based on personal observation 10 that a person who is at least 14 years of age but not yet 21 years of age has possessed 11 or used a controlled substance in violation of AS 11.71, [OR] possessed or consumed 12 alcohol in violation of AS 04.16.050, or operated a vehicle after consuming alcohol 13 in violation of AS 28.35.280 and the peace officer has cited the person or arrested the 14 person for a violation of AS 11.71, [OR] AS 04.16.050, or AS 28.35.280, the peace
01 officer shall read a notice and deliver a copy to the person. The notice must advise that 02 (1) the department intends to revoke the person's driver's license or 03 permit, privilege to drive, or privilege to obtain a license or permit; 04 (2) the person has the right to administrative review of the revocation; 05 (3) if the person has a driver's license or permit, the notice itself is a 06 temporary driver's license or permit that expires seven days after it is delivered to the 07 person; 08 (4) revocation of the person's driver's license or permit, privilege to 09 drive, or privilege to obtain a license or permit, takes effect seven days after delivery 10 of the notice to the person unless the person, within seven days, requests an 11 administrative review; 12 (5) if the person has been cited under AS 28.35.280, that person, 13 under AS 28.35.290, may not operate a motor vehicle, aircraft, or watercraft 14 during the 24 hours following issuance of the citation. 15 * Sec. 2. AS 28.15.183(c) is amended to read: 16 (c) Unless the person has requested an administrative review, the department 17 shall revoke the person's driver's license or permit, privilege to drive, or privilege to 18 obtain a license or permit, effective seven days after delivery to the person of the 19 notice required under (a) of this section, upon receipt of a sworn report of a peace 20 officer 21 (1) that the officer had probable cause and based on personal 22 observations that the person is at least 14 years of age but not yet 21 years of age and 23 has possessed or used a controlled substance in violation of AS 11.71, [OR] possessed 24 or consumed alcohol in violation of AS 04.16.050, or operated a vehicle after 25 consuming alcohol in violation of AS 28.35.280; 26 (2) that the peace officer has cited the person or arrested the person for 27 a violation of AS 11.71, [OR] AS 04.16.050 , or AS 28.35.280; 28 (3) that notice under (a) of this section was provided to the person; and 29 (4) describing the circumstances surrounding the violation of the 30 controlled substances provisions of AS 11.71, [OR] the alcoholic beverages provisions 31 of AS 04.16.050, or the minor operating a vehicle after consuming alcohol
01 provisions of AS 28.35.280. 02 * Sec. 3. AS 28.15.183(g) is amended to read: 03 (g) Except as provided under (h) of this section, the department may not issue 04 a new license or reissue a license to a person whose driver's license, permit, or 05 privilege to drive has been revoked under this section unless the person is enrolled in 06 and is in compliance with, or has successfully completed 07 (1) an alcoholism education and rehabilitation treatment program, if the 08 revocation resulted from possession or consumption of alcohol in violation of 09 AS 04.16.050 or from operating a vehicle after consuming alcohol in violation of 10 AS 28.35.280; or 11 (2) a drug rehabilitation treatment program, if the revocation resulted 12 from possession or use of a controlled substance in violation of AS 11.71. 13 * Sec. 4. AS 28.15.184(g) is amended to read: 14 (g) The hearing for review of a revocation by the department under 15 AS 28.15.183 shall be limited to the issues of whether the person was at least 14 years 16 of age but not yet 21 years of age and whether the person possessed or used a 17 controlled substance in violation of AS 11.71, [OR] possessed or consumed alcohol in 18 violation of AS 04.16.050, or operated a vehicle after consuming alcohol in 19 violation of AS 28.35.280. 20 * Sec. 5. AS 28.35.031(a) is amended to read: 21 (a) A person who operates or drives a motor vehicle in this state or who 22 operates an aircraft as defined in AS 28.35.030(m)(2) or who operates a watercraft as 23 defined in AS 28.35.030(m)(3) shall be considered to have given consent to a chemical 24 test or tests of the person's breath for the purpose of determining the alcoholic content 25 of the person's blood or breath if lawfully arrested for an offense arising out of acts 26 alleged to have been committed while the person was operating or driving a motor 27 vehicle or operating an aircraft or a watercraft while intoxicated or if lawfully 28 arrested under AS 28.35.280 for the offense of minor operating a vehicle after 29 consuming alcohol. The test or tests shall be administered at the direction of a law 30 enforcement officer who has reasonable grounds to believe that the person was 31 operating or driving a motor vehicle or operating an aircraft or a watercraft in this state
01 while intoxicated or that the person was a minor operating a vehicle after 02 consuming alcohol. 03 * Sec. 6. AS 28.35 is amended by adding new sections to read: 04 ARTICLE 6. CERTAIN OFFENSES RELATING TO MINORS. 05 Sec. 28.35.280. MINOR OPERATING A VEHICLE AFTER CONSUMING 06 ALCOHOL. (a) A person who is at least 13 years of age but not yet 21 years of age 07 commits the offense of minor operating a vehicle after consuming alcohol if the person 08 operates or drives a motor vehicle or operates an aircraft or a watercraft after having 09 consumed any quantity of alcohol. A peace officer who has probable cause to believe 10 that a person has committed the offense of minor operating a vehicle after consuming 11 alcohol may 12 (1) place the person under arrest; 13 (2) request that the person submit to a chemical test or tests of the 14 person's breath for the purpose of determining the alcoholic content of the person's 15 blood or breath; and 16 (3) transport the person to a location at which a chemical or other test 17 authorized under (2) of this subsection may be administered. 18 (b) If a chemical test under (a) of this section reveals any alcohol 19 concentration within the person's blood or breath, the person shall be cited for 20 violating (a) of this section and then released unless there is a lawful reason for further 21 detention. A person who is 18 years of age or older shall be released on the person's 22 own recognizance. A person who is under the age of 18 shall be released to a parent, 23 guardian, or legal custodian. 24 (c) A person who is cited for violating (a) of this section shall be advised by 25 a peace officer that it is unlawful under AS 28.35.290 for the person to operate a 26 motor vehicle, aircraft, or watercraft during the 24 hours following the issuance of the 27 citation. 28 (d) The offense of a minor operating a vehicle after consuming alcohol is an 29 infraction. Upon conviction, the court shall impose a fine of not more than $1,000, 30 community work service, or both. The court may offer the minor the option of 31 performing community work in place of a fine or a portion of the fine. The value of
01 community work in place of a fine is as specified in AS 12.55.055(c). 02 (e) In this section, 03 (1) "operate an aircraft" has the meaning given in AS 28.35.030(m); 04 (2) "operate a watercraft" has the meaning given in AS 28.35.030(m). 05 Sec. 28.35.285. MINOR'S REFUSAL TO SUBMIT TO CHEMICAL TEST. 06 (a) If a person under arrest for minor operating a vehicle after consuming alcohol 07 refuses the request of a peace officer to submit to a chemical test or tests of the 08 person's breath authorized under AS 28.35.031(a) and 28.35.280(a), after being advised 09 by the officer that the refusal will result in the denial or revocation of the driver's 10 license, privilege to drive, or privilege to obtain a license, that the refusal may be used 11 against the person in a civil or criminal action or proceeding arising out of an act 12 alleged to have been committed by the person while operating a vehicle after 13 consuming alcohol, and that the refusal is a violation, a chemical test may not be 14 given. 15 (b) The refusal of a minor to submit to a chemical test authorized under 16 AS 28.35.031(a) and 28.35.280(a) is admissible evidence in a civil or criminal action 17 or proceeding arising out of an act alleged to have been committed by the person while 18 operating a vehicle after consuming alcohol. 19 (c) Refusal to submit to a chemical test or tests of the person's breath 20 requested under AS 28.35.280 is an infraction. Upon conviction, the court shall 21 impose a fine of not more than $1,000, or community work service, or both. The 22 court may offer the minor the option of performing community work in place of a fine 23 or a portion of the fine. The value of community work in place of a fine is as 24 specified in AS 12.55.055(c). 25 Sec. 28.35.290. DRIVING DURING THE 24 HOURS AFTER BEING CITED 26 FOR MINOR OPERATING A VEHICLE AFTER CONSUMING ALCOHOL. (a) 27 A person who has been cited for minor operating a vehicle after consuming alcohol 28 under AS 28.35.280 may not operate a motor vehicle, aircraft, or watercraft during the 29 24 hours following issuance of the citation. 30 (b) Operating a motor vehicle, aircraft, or watercraft during the 24 hours after 31 being cited for minor operating a vehicle after consuming alcohol is an infraction.
01 Upon conviction, the court shall impose a fine of not more than $1,000, or community 02 work service, or both. The court may offer the minor the option of performing 03 community work in place of the fine or a portion of the fine. The value of community 04 work in place of a fine is as specified in AS 12.55.055(c). 05 (c) In this section, 06 (1) "operate an aircraft" has the meaning given in AS 28.35.030(m); 07 (2) "operate a watercraft" has the meaning given in AS 28.35.030(m). 08 * Sec. 7. This Act applies only to acts committed on or after the effective date of this Act.