HB 175: "An Act relating to issuance of a limited driver's license; relating to driving while under the influence of an alcoholic beverage, inhalant, or controlled substance and refusal to take a chemical test for consumption of an alcoholic beverage, inhalant, or controlled substance; and providing for an effective date."
00 HOUSE BILL NO. 175 01 "An Act relating to issuance of a limited driver's license; relating to driving while under 02 the influence of an alcoholic beverage, inhalant, or controlled substance and refusal to 03 take a chemical test for consumption of an alcoholic beverage, inhalant, or controlled 04 substance; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 28.15.201(d) is amended to read: 07 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 08 a license under AS 28.15.181(c), or the department when revoking a driver's license, 09 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 10 limited license privileges [FOR THE FINAL 60 DAYS DURING WHICH THE 11 LICENSE IS REVOKED] if 12 (1) the revocation was for a misdemeanor conviction under 13 AS 28.35.030(a) or [AND NOT FOR A VIOLATION OF] AS 28.35.032; 14 (2) [THE PERSON HAS NOT BEEN PREVIOUSLY CONVICTED;
01 IN THIS PARAGRAPH, "PREVIOUSLY CONVICTED" HAS THE MEANING 02 GIVEN IN AS 28.35.030 AND ALSO INCLUDES CONVICTIONS BASED ON 03 LAWS PRESUMING THAT THE PERSON WAS UNDER THE INFLUENCE OF 04 INTOXICATING LIQUOR IF THERE WAS 0.08 PERCENT OR MORE BY 05 WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD; 06 (3)] the court or the department determines that the person's ability to 07 earn a livelihood would be severely impaired without a limited license; 08 (3) [(4)] the court or the department determines that a limitation under 09 (a) of this section can be placed on the license that will enable the person to earn a 10 livelihood without excessive danger to the public; and 11 (4) [(5)] the court or the department determines that the person is 12 enrolled in and is in compliance with, or has successfully completed the alcoholism 13 screening, evaluation, referral, and program requirements of the Department of Health 14 and Social Services under AS 28.35.030(h). 15 * Sec. 2. AS 28.35.030(r)(4) is amended to read: 16 (4) "previously convicted" means having been convicted in this or 17 another jurisdiction within the 15 years preceding the date of the present offense of 18 any of the following offenses; however, convictions for any of these offenses, if 19 arising out of a single transaction and a single arrest, are considered one previous 20 conviction: 21 (A) operating a motor vehicle, aircraft, or watercraft in 22 violation of this section or in violation of another law or ordinance with similar 23 elements, except that the other law or ordinance may provide for a lower level 24 of alcohol in the person's blood or breath than imposed under (a)(2) of this 25 section; 26 (B) refusal to submit to a chemical test in violation of 27 AS 28.35.032 or in violation of another law or ordinance with similar 28 elements; or 29 (C) operating a commercial motor vehicle in violation of 30 AS 28.33.030 or in violation of another law or ordinance with similar 31 elements, except that the other law or ordinance may provide for a lower level
01 of alcohol in the person's blood or breath than imposed under 02 AS 28.33.030(a)(2). 03 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. This Act applies to offenses that occur on or after the effective 06 date of this Act. 07 * Sec. 4. This Act takes effect July 1, 2003.