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HB 12: "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."

00                              HOUSE BILL NO. 12                                                                          
01 "An Act relating to the offense of operating a motor vehicle, aircraft, or watercraft                                   
02 while intoxicated; relating to presumptions arising from the amount of alcohol in a                                     
03 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                              
12       weight of alcohol in the person's blood or 80 [100] milligrams or more of alcohol per                         
13       100 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 in                     
17       excess of 0.04 [0.05] grams but less than 0.08 [0.10] grams of alcohol per 210 liters of                  
18       the person's breath, that fact does not give rise to any presumption that the person was                          
19       or was not under the influence of intoxicating liquor, but that fact may be considered                            
20       with other competent evidence in determining whether the person was under the                                     
21       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, 2001.