HB 85: "An Act relating to ignition interlock requirements; relating to limited driver's license privileges for persons convicted of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance or refusal to submit to a chemical test and requiring certain persons to utilize ignition interlock devices to qualify for a limited driver's license; relating to probation for driving while under the influence of an alcoholic beverage, inhalant, or controlled substance, and refusal to submit to a chemical test; and providing for an effective date."
00 HOUSE BILL NO. 85 01 "An Act relating to ignition interlock requirements; relating to limited driver's license 02 privileges for persons convicted of driving while under the influence of an alcoholic 03 beverage, inhalant, or controlled substance or refusal to submit to a chemical test and 04 requiring certain persons to utilize ignition interlock devices to qualify for a limited 05 driver's license; relating to probation for driving while under the influence of an 06 alcoholic beverage, inhalant, or controlled substance, and refusal to submit to a 07 chemical test; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 28.01.010 is amended by adding a new subsection to read: 10 (j) A court may not enforce a municipal ordinance prescribing a penalty for 11 driving while under the influence of an alcoholic beverage, inhalant, or controlled 12 substance or refusal to submit to a chemical test unless that ordinance imposes ignition 13 interlock device requirements under AS 28.
01 * Sec. 2. AS 28.15.183(f) is amended to read: 02 (f) A revocation imposed under this section shall be consecutive to a 03 revocation imposed under another provision of law, except that (1) a revocation 04 imposed under this section shall be concurrent with a prior revocation imposed under 05 this section; and (2) a revocation imposed under this section for an offense for which a 06 revocation is required under AS 28.15.185 shall be concurrent with a revocation 07 imposed under AS 28.15.185 that is based on the same incident. A person whose 08 driver's license, permit, or privilege was revoked for a period of at least 60 days under 09 this section may apply for limited license privileges under as 28.15.201(d) or (f). A 10 person whose driver's license, permit, or privilege to drive was revoked for a period of 11 more than one year under this section may apply for reinstatement as provided under 12 (i) of this section. 13 * Sec. 3. AS 28.15.201(d) is amended to read: 14 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 15 a license under AS 28.15.181(c), or the department when revoking a driver's license, 16 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant a 17 person who resides in a community where an ignition interlock device cannot be 18 installed and that is not connected by road to Anchorage or Fairbanks or by the 19 Alaska marine highway system to Juneau limited license privileges if 20 (1) the revocation was for a misdemeanor conviction under 21 AS 28.35.030(a) and not for a violation of AS 28.35.032; 22 (2) the person has 23 (A) not been previously convicted and the limited license is not 24 granted during the first 30 days of the period of revocation; 25 (B) been previously convicted, the limited license is not 26 granted during the first 90 days of the period of revocation, and 27 (i) the person has successfully completed a court- 28 ordered treatment program under AS 28.35.028 or former 29 AS 28.35.030(p); or 30 (ii) the court or department requires the person to use an 31 ignition interlock device during the period of the limited license;
01 (3) the court or the department determines that 02 (A) the person's ability to earn a livelihood would be severely 03 impaired without a limited license; or 04 (B) the person has successfully completed a court-ordered 05 treatment program described under AS 28.35.028 or former AS 28.35.030(p) 06 and the person's ability to earn a livelihood, attend school, or provide for 07 family health would be severely impaired without a limited license; 08 (4) the court or the department determines that a limitation under (a) of 09 this section can be placed on the license that will enable the person to earn a livelihood 10 without excessive danger to the public; 11 (5) the court or the department determines that the person is enrolled in 12 and is in compliance with or has successfully completed the alcoholism screening, 13 evaluation, referral, and program requirements of the Department of Health and Social 14 Services under AS 28.35.030(h); [AND] 15 (6) the person has not been previously convicted under 16 AS 28.15.291(a)(2), AS 28.35.030, or 28.35.032 while driving or operating a vehicle, 17 aircraft, or watercraft under a limited license issued under this section; and 18 (7) the person only operates a vehicle in the community where the 19 ignition interlock device cannot be installed and that is not connected by road to 20 Anchorage or Fairbanks or by the Alaska marine highway to Juneau. 21 * Sec. 4. AS 28.15.201 is amended by adding a new subsection to read: 22 (f) A person whose driver's license or privilege to drive has been revoked 23 under AS 28.15.165(c) or 28.15.181(c) and who resides in a community where an 24 ignition interlock device may be installed or that is connected by road to Anchorage or 25 Fairbanks or by the Alaska marine highway system to Juneau may apply to the 26 department for ignition interlock limited license privileges. Ignition interlock limited 27 license privileges allow the person to operate a vehicle on which an ignition interlock 28 device has been installed and that is identified on the limited license certificate issued 29 by the department to the person. The department may grant ignition interlock limited 30 license privileges if 31 (1) the revocation was for a conviction under AS 28.35.030 or
01 28.35.032; 02 (2) the person provides proof of installation of the ignition interlock 03 device on every vehicle the person operates; 04 (3) the person signs an affidavit acknowledging that 05 (A) operation by the person of a vehicle that is not equipped 06 with an ignition interlock device is subject to penalties for driving with a 07 revoked license; 08 (B) the person is required to maintain the ignition interlock 09 device throughout the period of the limited license, to keep up-to-date records 10 in each vehicle showing that any required service and calibration is current, 11 and to produce those records immediately on request; 12 (4) the person has not previously been convicted of violating the 13 limitations of an ignition interlock limited license. 14 * Sec. 5. AS 28.15.291(b) is amended to read: 15 (b) Upon conviction under (a) of this section, the court 16 (1) shall impose a minimum sentence of imprisonment 17 (A) if the person has not been previously convicted, of not less 18 than 10 days with 10 days suspended, including a mandatory condition of 19 probation that the defendant complete not less than 80 hours of community 20 work service; 21 (B) if the person has been previously convicted, of not less than 22 10 days; 23 (C) if the person's driver's license, privilege to drive, or 24 privilege to obtain a license was revoked under circumstances described in 25 AS 28.15.181(c)(1), or if the person was driving in violation of a limited 26 license issued under AS 28.15.201(d) or (f) following that revocation, of not 27 less than 20 days with 10 days suspended, and a fine of not less than $500, 28 including a mandatory condition of probation that the defendant complete not 29 less than 80 hours of community work service; 30 (D) if the person's driver's license, privilege to drive, or 31 privilege to obtain a license was revoked under circumstances described in
01 AS 28.15.181(c)(2), (3), or (4) or if the person was driving in violation of a 02 limited license issued under AS 28.15.201(d) or (f) following that revocation, 03 of not less than 30 days and a fine of not less than $1,000; 04 (2) may impose additional conditions of probation; 05 (3) may not 06 (A) suspend execution of sentence or grant probation except on 07 condition that the person serve a minimum term of imprisonment and perform 08 required community work service as provided in (1) of this subsection; 09 (B) suspend imposition of sentence; 10 (4) shall revoke the person's license, privilege to drive, or privilege to 11 obtain a license, and the person may not be issued a new license or a limited license 12 nor may the privilege to drive or obtain a license be restored for an additional period 13 of not less than 90 days after the date that the person would have been entitled to 14 restoration of driving privileges; and 15 (5) may order that the motor vehicle that was used in commission of 16 the offense be forfeited under AS 28.35.036. 17 * Sec. 6. AS 28.35.030 is amended by adding a new subsection to read: 18 (u) In addition to penalties provided in (a) or (n) of this section, the court may 19 place a person convicted under those subsections on probation for a period of not more 20 than five years following a term of imprisonment, including any suspended term of 21 imprisonment. The court may place a limitation on the person's driver's license during 22 the term of the probation as provided in AS 28.15.201(d) or (f). 23 * Sec. 7. AS 28.35.032 is amended by adding a new subsection to read: 24 (u) In addition to penalties provided in (a) or (p) of this section, the court may 25 place a person convicted under those subsections on probation for a period of not more 26 than five years following a term of imprisonment, including any suspended term of 27 imprisonment. The court may place a limitation on the person's driver's license during 28 the term of the probation as provided in AS 28.15.201(f). 29 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 TRANSITIONAL PROVISION. A person convicted of a misdemeanor violation of
01 AS 28.35.030 before the effective date of this Act who has a limited license issued under or is 02 eligible to receive a limited license under AS 28.15.201(d) may continue to use that limited 03 license or may receive a limited license as provided in AS 28.15.201 and is subject to 04 penalties for violating the limitations on that license as provided in AS 28.15.291. 05 * Sec. 9. This Act takes effect January 1, 2008.