03/08/1995 01:35 PM House TRA

 HTRA - 03/08/95                                                               
 HB 203 - PREVIOUS CONVICTIONS FOR DWI OFFENSES                              
                                                                               
 Number 561                                                                    
                                                                               
 CHAIRMAN DAVIS welcomed Ms. Margot Knuth from the Department of Law           
 and requested she present HB 203.                                             
                                                                               
 MARGOT KNUTH, Criminal Division, Department of Law, stated she was            
 here to testify on behalf of the Governor for HB 203.  She                
 explained HB 203 was one of six bills incorporated into the                   
 Governor's crime package this year.  She explained HB 203 was                 
 narrowly designed, focusing on the goals of treating convictions              
 from other states that allow a .08 blood alcohol level (BAL) for              
 driving while intoxicated (DWI) as a prior conviction under Alaska            
 laws.  She stated Alaska currently uses the .10 BAL standard for              
 intoxication determination.  She noted there was a ruling by the              
 Court of Appeals in 1991 stating that a conviction from a state               
 where .08 was the standard, could not be considered substantially             
 similar due to the possibility of the person had a lower BAL at the           
 time of the offense than Alaska law requires.  She said the average           
 BAL of a person suspected of driving while intoxicated in Alaska is           
 .19, significantly higher than .10.  She indicated this was similar           
 in other states.  She explained before a person calls attention to            
 themselves as a drunk driver, they may have a BAL as high as .15              
 and .20.  She explained the arrests that are being made in states             
 such as Oregon, are using the standard of .08 are usually above .1            
 blood alcohol level and the issue is a matter of technical                    
 difference in the law.  Ms. Knuth said she was not aware of any               
 opposition to HB 203 and asked if there were any questions.                   
                                                                               
 MS. KNUTH pointed out the four sections to HB 203.  She explained             
 the existing driver's license statute, 28.15.201, would have to               
 become obsolete if the BAL was standardized.  She explained Section           
 1 omits "also convictions based on laws presuming that the person             
 was under the influence of intoxicating liquor if there was .08               
 percent or more by weight of alcohol in the person's blood."  She             
 explained the next three sections added the language with regards             
 to the commercial driving while intoxicated laws, and the regular             
 DWI statute, and finally to the forfeiture provision for repeat               
 drunk driver offenses.  She explained the language included the law           
 ordinance "of an other jurisdiction presuming the person was under            
 the influence of intoxicating liquor at a lower percentage by                 
 weight of alcohol in the person's blood than that required in the             
 state."                                                                       
                                                                               
 REPRESENTATIVE MACLEAN asked what impact would HB 203 have on a               
 situation such as the Exxon Valdez incident, where the pilot of the           
 vessel was intoxicated.                                                       
                                                                               
 MS. KNUTH stated she did not feel there would be any impact,                  
 because the intent of HB 203 is to treat repeated offenders from              
 other states.  She noted this year and last, there are DWI bills              
 pending.  Ms. Knuth suggested if Alaska stayed at .10 BAL standard,           
 then there would be the question of how to treat people with prior            
 convictions from other states.                                                
                                                                               
 CHAIRMAN DAVIS indicated concern for Section 2 relating to                    
 commercial driver's license (CDL) operators.  He stated Alaska's              
 commercial law standards are .04 BAL.  He asked if this was                   
 standard for commercial driver licenses.                                      
                                                                               
 Number 611                                                                    
                                                                               
 MS. KNUTH stated .04 is the federally required standard for persons           
 operating a commercial vehicle.  She indicated to the best of her             
 knowledge there are no jurisdictions where there is a lower BAL for           
 commercial incidents of DWIs and stated it may be possible a state            
 may have a lower standard of .03 or .02.                                      
                                                                               
 CHAIRMAN DAVIS stated his concern was with the carryover of the               
 commercial DWI had from another state.  He questioned whether or              
 not there would be concern with convictions being required to                 
 withdraw a CDL and would they not be transferred to Alaska.                   
                                                                               
 MS. KNUTH referred to Ms. Hensley from the Department of Public               
 Safety and stated she could address the issue of CDLs with regards            
 to laws of other states.                                                      
                                                                               
 REPRESENTATIVE WILLIAMS asked for clarification on the "law by                
 ordinance" statement in Section 2 of HB 203.                                  
                                                                               
 MS. KNUTH explained with regards to Washington, Oregon and                    
 California, which have lowered the standards of BALs from .10 to              
 .08, Alaska courts have indicated that if someone from Oregon comes           
 to Alaska with two convictions for drunk driving under Oregon laws,           
 they need to be treated as a first offender in Alaska.  She stated            
 the language of HB 203 will help view prior DWI convictions if it             
 was a conviction for drunk driving regardless of the BAL used to              
 presume intoxication.                                                         
                                                                               
 CHAIRMAN DAVIS addressed the different ways to measure the BAL of             
 a person and asked if the variations of types were taken into                 
 consideration or are the other standards ignored?                             
                                                                               
 MS. KNUTH explained the BAL of .1 can be measured through a                   
 toximeter breathalizer, blood or urine test but all the tests                 
 indicate the person's BAL....                                                 
                                                                               
 TAPE 95-7, SIDE B                                                             
 Number 000                                                                    
                                                                               
 MS. KNUTH continued to explained, a person's BAL will be treated as           
 a second offense, if their next violation is under Alaska state               
 law.  She stated this would count as a DWI conviction.                        
                                                                               
 CHAIRMAN DAVIS indicated with relation to DWI laws.  He questioned            
 the effectiveness of some of these laws and with the                          
 implementations of new laws.  He stated HB 203 "fits in the realm             
 of acceptability" and supported HB 203.                                       
                                                                               
 Number 029                                                                    
                                                                               
 JUANITA HENSLEY, Chief, Driver Services, Division of Motor                    
 Vehicles, Department of Public Safety, explained that the                     
 Department of Public Safety is looking forward to HB 203 passing.             
 She explained the Division of Motor Vehicles (DMV) is in a position           
 to hear administrative hearings for DWI arrests and finds a person            
 to have five prior DWIs in the state of California.  The state of             
 Alaska will treat them as first offenders.  She explained even if             
 their BAL was .30 or .0, they have to be treated as a first                   
 offender.                                                                     
                                                                               
 CHAIRMAN DAVIS inquired as to commercial operators and the .04 BAL.           
                                                                               
 MS. HENSLEY explained the national federally mandated standard for            
 commercial operators is .04 percent.  She explained if a person               
 possessing a CDL is operating a commercial vehicle and is convicted           
 of a DWI and has a BAL of .04, it is a mandatory one year license             
 revocation of their CDL.  She depicted a scenario where if Utah had           
 a .02 for their commercial operators and that person was convicted            
 for DWI and was found to be operating an 80,000 ton commercial                
 vehicle in Alaska, the state would not be able to use the Utah                
 conviction if that person was also operating a commercial vehicle             
 here and was picked up a second time for DWI.  She stated "when we            
 think of commercial vehicles, we think it could be a panel vehicle            
 that they are using for commercial purposes.  The majority of these           
 vehicles are hazardous material tankers, doubles and triples,                 
 26,000 lbs. or greater."  If a person was convicted of an .04                 
 offense, it would apply; however, if that state was a lesser degree           
 than Alaskan standards, Alaska would not be able to use that                  
 conviction.  She indicated a second offense DWI conviction of                 
 commercial driving is a lifetime disqualification of a CDL.                   
                                                                               
 Number 093                                                                    
                                                                               
 CHAIRMAN DAVIS asked if a person obtains a CDL, do they carry a               
 separate private and commercial license?                                      
                                                                               
 MS. HENSLEY explained a person obtains only one license.  If a                
 person has a CDL to operate a class A, B or C vehicle, these types            
 of vehicles are covered.  If a person is arrested and convicted of            
 operating a commercial vehicle with a BAL of .04 or greater, they             
 only lose their CDL.  However, if they are found to be .10 or                 
 greater, they will lose all driving privileges.                               
                                                                               
 REPRESENTATIVE MACLEAN made a motion to move HB 203 out of the                
 House Transportation Committee with individual recommendations and            
 zero fiscal notes.                                                            
                                                                               
 CHAIRMAN DAVIS asked if there was any objection.  Hearing none, HB
 was moved out of committee.