00 HOUSE BILL NO. 157
01 "An Act relating to an affirmative defense for driving while under the influence."
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
03 * Section 1. AS 28.35.030 is amended by adding a new subsection to read:
04 (v) It is an affirmative defense to a prosecution under (a) of this section that
05 (1) the defendant's operation of the motor vehicle was limited to using
06 the vehicle's heater or starting the vehicle to use the vehicle's heater;
07 (2) a reasonable person would seek shelter and heat because of the
08 temperature or weather conditions at the time the defendant operated the motor
09 vehicle; and
10 (3) the defendant did not otherwise drive or attempt to drive the motor
12 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to
14 APPLICABILITY. This Act applies to offenses committed on or after the effective
15 date of this Act.