SB 177: "An Act relating to driving while intoxicated and to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date."
00 SENATE BILL NO. 177 01 "An Act relating to driving while intoxicated and to presumptions arising from the 02 amount of alcohol in a person's breath or blood; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.15.181(a) is amended to read: 05 (a) Conviction of any of the following offenses is grounds for the immediate 06 revocation of a driver's license, privilege to drive, or privilege to obtain a license: 07 (1) manslaughter or negligent homicide resulting from driving a motor 08 vehicle; 09 (2) a felony in the commission of which a motor vehicle is used; 10 (3) failure to stop and give aid as required by law when a motor 11 vehicle accident results in the death or personal injury of another; 12 (4) perjury or making a false affidavit or statement under oath to the 13 department under a law relating to motor vehicles; 14 (5) operating a motor vehicle or aircraft while intoxicated in violation
01 of AS 28.35.030(a); 02 (6) reckless driving; 03 (7) using a motor vehicle in unlawful flight to avoid arrest by a peace 04 officer; 05 (8) refusal to submit to a chemical test authorized under 06 AS 28.33.031(a) or AS 28.35.031(a) while under arrest for operating a motor vehicle, 07 commercial motor vehicle, or aircraft while intoxicated, or authorized under 08 AS 28.35.031(g); 09 (9) driving while license, privilege to drive, or privilege to obtain a 10 license, canceled, suspended, or revoked, or in violation of a limitation; 11 (10) vehicle theft in the first degree in violation of AS 11.46.360 or 12 vehicle theft in the second degree in violation of AS 11.46.365; 13 (11) habitual driving while intoxicated in violation of 14 AS 28.35.030(p). 15 * Sec. 2. AS 28.15.181 is amended by adding a new subsection to read: 16 (i) A court convicting a person of an offense described in (a)(11) of this 17 section shall permanently revoke that person's driver's license, privilege to drive, or 18 privilege to obtain a license. 19 * Sec. 3. AS 28.35.030(a) is amended to read: 20 (a) Except as provided under (p) of this section, a [A] person commits the 21 crime of driving while intoxicated if the person operates or drives a motor vehicle or 22 operates an aircraft or a watercraft 23 (1) while under the influence of intoxicating liquor [,] or any 24 controlled substance; 25 (2) when, as determined by a chemical test taken within four hours 26 after the alleged offense was committed, there is 0.08 [0.10] percent or more by 27 weight of alcohol in the person's blood or 80 [100] milligrams or more of alcohol per 28 100 milliliters of blood, or when there is 0.08 [0.10] grams or more of alcohol per 210 29 liters of the person's breath; or 30 (3) while the person is under the combined influence of intoxicating 31 liquor and a controlled substance.
01 * Sec. 4. AS 28.35.030(b) is amended to read: 02 (b) Except as provided under (n) of this section, driving while intoxicated 03 under (a) of this section or habitual driving while intoxicated under (p) of this 04 section is a class A misdemeanor. Upon conviction, 05 (1) the court shall impose a minimum sentence of imprisonment of 06 (A) not less than 72 consecutive hours and a fine of not less 07 than $1,250 [$250] if the person has not been previously convicted; 08 (B) not less than 20 days and a fine of not less than $1,500 09 [$500] if the person has been previously convicted under (a) or (p) of this 10 section once; 11 (C) not less than 60 days and a fine of not less than $2,000 12 [$1,000] if the person has been previously convicted under (a) or (p) of this 13 section twice and is not subject to punishment under (n) of this section; 14 (D) not less than 120 days and a fine of not less than $3,000 15 [$2,000] if the person has been previously convicted under (a) or (p) of this 16 section three times and is not subject to punishment under (n) of this section; 17 (E) not less than 240 days and a fine of not less than $4,000 18 [$3,000] if the person has been previously convicted under (a) or (p) of this 19 section four times and is not subject to punishment under (n) of this section; 20 (F) not less than 360 days and a fine of not less than $4,500 21 [$4,000] if the person has been previously convicted under (a) or (p) of this 22 section more than four times and is not subject to punishment under (n) of this 23 section; 24 (2) the court may not 25 (A) suspend execution of sentence or grant probation except on 26 condition that the person serve the minimum imprisonment under (1) of this 27 subsection; 28 (B) suspend imposition of sentence; 29 (3) the court shall revoke the person's driver's license, privilege to 30 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 31 vehicle or aircraft that was used in commission of the offense to be forfeited under
01 AS 28.35.036. 02 * Sec. 5. AS 28.35.030 is amended by adding a new subsection to read: 03 (p) A person commits the crime of habitual driving while intoxicated if the 04 person has been previously convicted of driving while intoxicated and operates or 05 drives a motor vehicle or operates an aircraft or a watercraft when, as determined by a 06 chemical test taken within four hours after the alleged offense was committed, there is 07 0.04 percent or more by weight of alcohol in the person's blood or 40 milligrams or 08 more of alcohol per 100 milliliters of blood, or when there is 0.04 grams or more of 09 alcohol per 210 liters of the person's breath. 10 * Sec. 6. AS 28.35.033(a) is amended to read: 11 (a) Upon the trial of a civil or criminal action or proceeding arising out of acts 12 alleged to have been committed by a person while operating or driving a motor vehicle 13 or operating an aircraft or a watercraft while intoxicated, the amount of alcohol in the 14 person's blood or breath at the time alleged shall give rise to the following 15 presumptions: 16 (1) If there was 0.04 [0.05] percent or less by weight of alcohol in the 17 person's blood, or 40 [50] milligrams or less of alcohol per 100 milliliters of the 18 person's blood, or 0.04 [0.05] grams or less of alcohol per 210 liters of the person's 19 breath, it shall be presumed that the person was not under the influence of intoxicating 20 liquor. 21 (2) If there was in excess of 0.04 [0.05] percent but less than 0.08 22 [0.10] percent by weight of alcohol in the person's blood, or in excess of 40 [50] but 23 less than 80 [100] milligrams of alcohol per 100 milliliters of the person's blood, or in 24 excess of 0.04 [0.05] grams but less than 0.08 [0.10] grams of alcohol per 210 liters of 25 the person's breath, that fact does not give rise to any presumption that the person was 26 or was not under the influence of intoxicating liquor, but that fact may be considered 27 with other competent evidence in determining whether the person was under the 28 influence of intoxicating liquor. 29 (3) [REPEALED 30 (4)] If there was 0.08 [0.10] percent or more by weight of alcohol in 31 the person's blood, or 80 [100] milligrams or more of alcohol per 100 milliliters of the
01 person's blood, or 0.08 [0.10] grams or more of alcohol per 210 liters of the person's 02 breath, it shall be presumed that the person was under the influence of intoxicating 03 liquor. 04 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 APPLICABILITY. This Act applies to offenses committed on or after the effective 07 date of this Act, except that references to previous convictions include convictions occurring 08 before, on, or after the effective date of this Act. 09 * Sec. 8. This Act takes effect July 1, 2001.