00                      CS FOR HOUSE BILL NO. 101(CRA)                                                                    
01 "An Act relating to uniform traffic laws and to operating a vehicle while under the                                     
02 influence of an alcoholic beverage, inhalant, or controlled substance."                                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 28.01.010(a) is amended to read:                                                                   
05            (a)  The provisions of this title and the regulations adopted under this title are                           
06       applicable within all municipalities of the state. A municipality may not enact or                            
07       enforce an ordinance that is inconsistent with the provisions of this title or the                            
08       regulations adopted under this title. A municipality may not incorporate into a                                   
09       publication of traffic ordinances a provision of this title or the regulations adopted                            
10       under this title without specifically identifying the provision or regulation as a state                          
11       statute or regulation.                                                                                            
12    * Sec. 2. AS 28.35.030(r) is amended to read:                                                                      
13            (r)  If a person is convicted under (a) of this section and at sentencing the                            
14       court determines by a preponderance of the evidence [IT IS DETERMINED BY                                      

01       THE TRIER OF FACT] that, as determined by a chemical test taken within four hours                                 
02       after the offense was committed,                                                                                  
03                 (1)  there was at least 0.16 percent by weight of alcohol in the person's                               
04       blood but less than 0.24 percent by weight of alcohol in the person's blood or at least                           
05       160 milligrams of alcohol per 100 milliliters of blood, but less than 240 milligrams of                           
06       alcohol per 100 milliliters of blood, or when there was at least 0.16 grams of alcohol                            
07       per 210 liters of the person's breath, but less than 0.24 grams of alcohol per 210 liters                         
08       of the person's breath, the court shall require the person to use an ignition interlock                           
09       device as provided in AS 12.55.102 for a minimum of six months after the person                                   
10       regains the privilege, including any limited privilege, to operate a motor vehicle;                               
11                 (2)  there was 0.24 percent or more by weight of alcohol in the person's                                
12       blood or 240 milligrams or more of alcohol per 100 milliliters of blood, or when there                            
13       was 0.24 grams or more of alcohol per 210 liters of the person's breath, the court shall                          
14       require the person to use an ignition interlock device as provided in AS 12.55.102 for                            
15       a minimum of one year after the person regains the privilege, including any limited                               
16       privilege, to operate a motor vehicle.