HB 271: "An Act relating to the offenses of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance and refusal to submit to a chemical test."
00 HOUSE BILL NO. 271 01 "An Act relating to the offenses of driving while under the influence of an alcoholic 02 beverage, inhalant, or controlled substance and refusal to submit to a chemical test." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.30 is amended by adding a new section to read: 05 Sec. 12.30.022. Release before trial in cases involving driving while under 06 the influence and refusal to submit to a chemical test. In determining the conditions 07 of release under AS 12.30.020 in cases involving a violation of AS 28.35.030 or 08 28.35.032, the court shall consider the conditions specified in AS 12.30.020 and shall 09 impose the following conditions: 10 (1) prohibit the person from operating a motor vehicle unless that 11 vehicle has an ignition interlock device installed; 12 (2) notwithstanding another provision of law, if the motor vehicle the 13 person was operating was impounded at the time the person was arrested and is owned 14 by or registered to the person, prohibit the impounding agency from releasing the
01 motor vehicle unless the vehicle has an ignition interlock device installed. 02 * Sec. 2. AS 28.35.030(n) is amended to read: 03 (n) A person is guilty of a class C felony if the person is convicted under (a) of 04 this section and either has been previously convicted [TWO OR MORE TIMES 05 SINCE JANUARY 1, 1996, AND] within the 10 years preceding the date of the 06 present offense, or punishment under this subsection or under AS 28.35.032(p) was 07 previously imposed within the last 10 years. For purposes of determining minimum 08 sentences based on previous convictions, the provisions of (u)(4) of this section apply. 09 Upon conviction, the court 10 (1) shall impose a fine of not less than $10,000, require the person to 11 use an ignition interlock device after the person regains the privilege to operate a 12 motor vehicle throughout the period of probation, and impose a minimum sentence of 13 imprisonment of not less than 14 (A) 120 days if the person has been previously convicted once 15 [TWICE]; 16 (B) 240 days if the person has been previously convicted twice 17 [THREE TIMES]; 18 (C) 360 days if the person has been previously convicted three 19 [FOUR] or more times; 20 (2) may not 21 (A) suspend execution of sentence or grant probation except on 22 condition that the person 23 (i) serve the minimum imprisonment under (1) of this 24 subsection; and 25 (ii) pay the minimum fine required under (1) of this 26 subsection; or 27 (B) suspend imposition of sentence; 28 (3) shall permanently revoke the person's driver's license, privilege to 29 drive, or privilege to obtain a license subject to restoration of the license under (o) of 30 this section; 31 (4) may order that the person, while incarcerated or as a condition of
01 probation or parole, take a drug or combination of drugs, intended to prevent the 02 consumption of an alcoholic beverage; a condition of probation or parole imposed 03 under this paragraph is in addition to any other condition authorized under another 04 provision of law; 05 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, 06 or aircraft used in the commission of the offense, subject to remission under 07 AS 28.35.037; and 08 (6) shall order the department to revoke the registration for any vehicle 09 registered by the department in the name of the person convicted under this 10 subsection; if a person convicted under this subsection is a registered co-owner of a 11 vehicle or is registered as a co-owner under a business name, the department shall 12 reissue the vehicle registration and omit the name of the person convicted under this 13 subsection. 14 * Sec. 3. AS 28.35.032(p) is amended to read: 15 (p) A person is guilty of a class C felony if the person is convicted under this 16 section and either has been previously convicted [TWO OR MORE TIMES SINCE 17 JANUARY 1, 1996, AND] within the 10 years preceding the date of the present 18 offense, or punishment under this subsection or under AS 28.35.030(n) was previously 19 imposed within the last 10 years. For purposes of determining minimum sentences 20 based on previous convictions, the provisions of AS 28.35.030(u)(4) apply. Upon 21 conviction, 22 (1) the court shall impose a fine of not less than $10,000, require the 23 person to use an ignition interlock device after the person regains the privilege to 24 operate a motor vehicle throughout the period of probation, and impose a minimum 25 sentence of imprisonment of not less than 26 (A) 120 days if the person has been previously convicted once 27 [TWICE]; 28 (B) 240 days if the person has been previously convicted twice 29 [THREE TIMES]; 30 (C) 360 days if the person has been previously convicted three 31 [FOUR] or more times;
01 (2) the court may not 02 (A) suspend execution of the sentence required by (1) of this 03 subsection or grant probation, except on condition that the person 04 (i) serve the minimum imprisonment under (1) of this 05 subsection; and 06 (ii) pay the minimum fine required under (1) of this 07 subsection; or 08 (B) suspend imposition of sentence; 09 (3) the court shall permanently revoke the person's driver's license, 10 privilege to drive, or privilege to obtain a license subject to restoration under (q) of 11 this section; 12 (4) the court may order that the person, while incarcerated or as a 13 condition of probation or parole, take a drug, or combination of drugs, intended to 14 prevent consumption of an alcoholic beverage; a condition of probation or parole 15 imposed under this paragraph is in addition to any other condition authorized under 16 another provision of law; 17 (5) the sentence imposed by the court under this subsection shall run 18 consecutively with any other sentence of imprisonment imposed on the person; 19 (6) the court shall order forfeiture under AS 28.35.036, of the motor 20 vehicle, aircraft, or watercraft used in the commission of the offense, subject to 21 remission under AS 28.35.037; and 22 (7) the court shall order the department to revoke the registration for 23 any vehicle registered by the department in the name of the person convicted under 24 this subsection; if a person convicted under this subsection is a registered co-owner of 25 a vehicle, the department shall reissue the vehicle registration and omit the name of 26 the person convicted under this subsection.