Legislature(1995 - 1996)

1995-02-27 House Journal

Full Journal pdf

1995-02-27                     House Journal                      Page 0493
HB 203                                                                       
HOUSE BILL NO. 203 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the meaning of the phrase "previously                     
convicted" as that phrase applies to the operation of a motor                  
vehicle, commercial motor vehicle, aircraft, or watercraft while               
intoxicated."                                                                  
                                                                               
was read the first time and referred to the Transportation and Judiciary       
Committees.                                                                    
                                                                               

1995-02-27                     House Journal                      Page 0494
HB 203                                                                       
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 2/27/95                        
Zero fiscal note, Dept. of Corrections, 2/27/95                                
Zero fiscal note, Dept. of Law, 2/27/95                                        
Zero fiscal note, Dept. of Public Safety, 2/27/95                              
                                                                               
The Governor's transmittal letter, dated February 27, 1995, appears            
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to the meaning of the phrase "previously          
convicted" for purposes of this state's driving while intoxicated (DWI)        
laws.  Alaska law tries to discourage repeat offenders by treating them        
more harshly than first offenders.  In keeping with this public policy,        
the mandatory minimum sentences for second, third, and subsequent              
drunk driving offenses require more jail time, higher fines, and longer        
revocations of driving privileges.  A repeat DWI offender also is              
subject to forfeiture of the vehicle or aircraft involved in the               
commission of the offense, and is precluded from being granted limited         
license privileges during the time that person's driver's license is           
revoked.                                                                       
                                                                               
In Burnette v. Municipality of Anchorage, 823 P.2d 10 (Alaska App.           
1991), an Alaska court held that a defendant who had a prior DWI               
conviction from Oregon was not subject to Alaska's enhanced                    
mandatory minimum sentence for second offenses because Oregon's                
DWI law was less restrictive than Alaska's law.  In Oregon, and many           
other states, a person is presumed intoxicated if there is more than .08       
percent by weight of alcohol in the person's blood (BAC).  Alaska still        
uses the .10 percent BAC standard.  Because it is possible for a person      
in Oregon or one of these other states to be convicted of drunk driving        
with a lower BAC than that required in Alaska, our courts have held            
that convictions from these states cannot be counted when deciding             
what is the proper mandatory minimum sentence to impose.   This                
result occurs even if the court records from the other state show that         
the person's BAC was not .08 or .09 percent, but was actually .10              
percent or higher at the time of the offense.                                  
                                                                               

1995-02-27                     House Journal                      Page 0495
HB 203                                                                       
This is not fair.  A person who has been convicted of drunk driving in         
one state should be treated like a repeat offender when convicted of           
drunk driving in another state.  The person should not be treated like         
a first offender over and over again because of technical differences          
between the states' laws.  Drunk drivers are dangerous and need to be          
kept off of our roads.                                                         
                                                                               
This bill will help do that.  It amends DWI-related provisions in AS28         
to make clear that the phrase "previously convicted" includes a                
conviction under a law of another state even if that law allows                
conviction with a lower BAC level than that used in Alaska.  Whether           
another state's law allows a DWI conviction for .08 or .09 BAC levels,         
it is still a conviction for drunk driving and it should count as one.         
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
		Sincerely,                                                                   
							/s/                                                                     
		Tony Knowles                                                                 
		Governor"