Legislature(1993 - 1994)
03/14/1994 01:15 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
Number 628 HB 445 - DWI LAWS Number 635 DEPUTY COMMISSIONER C.E. SWACKHAMMER, Department of Public Safety, announced that Governor Hickel introduced this bill, based primarily on the high rate of alcohol and drug related vehicle accidents that involve injury and death. Alaska has one of the highest rates of controlled substance related accidents. Implied consent statutes allow testing for drugs, etc., after a person is involved in an accident relating to alcohol or drugs, causing death or serious injury (if a person was not charged with anything). Number 683 REP. NORDLUND questioned the clause inferring that the same persons who would be tested for drugs and/or alcohol would be those not charged with anything after the accident. He was going on the assumption that such persons would usually be charged indeed. DEP. COMM. SWACKHAMMER disagreed. He said arrests are usually avoided in these instances, since those involved usually end up in the hospital. If they are arrested at that time, the Department of Public Safety assumes the liability for that person, which is not financially prudent. Number 720 JUANITA HENSLEY, Chief of Driver Services, Division of Motor Vehicles, Department of Public Safety, clarified the issue by saying that a person who consents to taking a breath test does not have to be arrested until the results are there. If they refuse to take the test, then they are placed under arrest at that time. Number 730 CHAIRMAN PORTER added that in the hospital this would allow the tests to be ordered without their permission because of this implied consent; and physicians, to avoid legal action against themselves, will not perform these tests without the law in place, because they have been sued. Number 745 REP. PHILLIPS questioned why the primary emphasis on the sponsor statement is motor vehicles, and yet the title of the bill is "Motor Vehicle, Aircraft and Watercraft." Number 756 MS. HENSLEY explained to Rep. Phillips that the current statute now includes motor vehicle, aircraft, and watercraft. A person loses his or her driver's license at the time they are convicted of a DWI in a motor vehicle or aircraft, but watercraft is not included. The only provisions that apply to watercraft are jail sentencing and fines. Nobody loses their driver's license for operating a watercraft while intoxicated. Number 779 REP. PETE KOTT asked JUANITA HENSLEY if a definition for "motor vehicle" exists. Number 784 MS. HENSLEY answered affirmatively. She said the statute also defines "commercial vehicle." Two sections of Title 28 deal with commercial motor vehicles. The definitions are based on size and weight of the vehicle. Number 802 SGT. CRAWFORD asked if snow machines fit into that category. MS. HENSLEY told Sgt. Crawford that they do, if they are being operated in a vehicular area; then they are considered vehicles. Number 812 REP. NORDLUND asked what the grounds are for a person "operating a vehicle under the influence?" He questioned, "What would give you cause, under this bill, to impose a test on somebody?" SGT. HENSLEY answered that under this bill it has to do specifically with accidents; the driving, the scene description, the skid marks, and the type of accident. Those types of things would indicate whether this was an icy road accident or someone going through a stop sign. There could be any number of things: pipes in the car, or an empty pill bottle could indicate drug use. Number 831 REP. NORDLUND asked how this type of accident would be handled if the evidence in the car did not seem to have anything to with the accident. Number 835 SGT. HENSLEY answered that that would not necessarily apply, unless some further indication of drugs existed, such as whether or not the driver was able to talk. There would have to be some contributing factor in order to explore the possibility of drug involvement. Number 845 REP. JOE GREEN asked if there was a similar method of indicating the presence of drugs, in a single step, in the same manner that a Breathalyzer indicates the presence of alcohol. Number 851 SGT. HENSLEY said there are indications in the person's behavior, if the officer is trained properly. TAPE 94-41, SIDE B Number 007 REP. CLIFF DAVIDSON asked whether or not we allow for training in drug and alcohol detection, and questions regarding accuracy of drug and alcohol tests. Number 034 DEP. COMM. SWACKHAMMER stated that HB 319 would give an opportunity to enhance the short supply of funding for training. He believes the Intoximeter 3000 to be accurate since these alcohol measuring devices are maintained on a daily basis through a computerized system. Number 091 REP. DAVIDSON asked how quickly you must act in order to ensure an accurate reading. SGT. CRAWFORD explained how and when the different drugs peak in the body's system after ingested. In short, the longer you wait, acquiring search warrants, the less likely you will be able to quantify the drug. The sooner the better. REP. JEANNETTE JAMES questioned HB 445, wondering if it allows blood and urine to be taken from persons involved in a serious accident. Number 160 DEP. COMM. SWACKHAMMER said if they refuse to submit, then they become guilty, just as they would with the implied consent. It would basically transpose the current implied consent for those involved in motor vehicle accidents. He said "implied consent" would be the same as the implied consent if you did not take the intoximeter. He said the revocation and loss of license, and a Class A misdemeanor applies. It does not really get you to the point where you actually draw blood and urine. There still has to be another step. Number 164 REP. JAMES asked whether or not blood and urine could be taken, in a case where the person is hospitalized, as part of the hospital admission, or would permission be required. She was under the impression that if someone was involved in a serious accident, those tests should be able to be taken without going through the arrest procedure. She wondered just what this bill would do. Number 180 DEP. COMM. SWACKHAMMER pointed out that page 8 addresses the person that is unconscious or in the hospital. It is true that blood and urine would be drawn as part of the hospital procedure, but was another matter for the hospital to turn over blood and urine to a law enforcement person, so there would still be other steps to go through. Number 204 DEP. COMM. SWACKHAMMER stated that AS 11.81.900(b), which is incorporated into page 8, line 25, defines serious injury. Number 225 REP. GREEN motioned to pass HB 445 out of committee with attached fiscal notes. The bill was moved with no discretion or objection.
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