00 SENATE BILL NO. 92 01 "An Act relating to ignition interlock requirements; relating to limited driver's license 02 privileges for persons convicted of driving while under the influence of an alcoholic 03 beverage, inhalant, or controlled substance and requiring certain persons to utilize 04 ignition interlock devices to qualify for a limited driver's license; relating to probation 05 for driving while under the influence of an alcoholic beverage, inhalant, or controlled 06 substance, and refusal to submit to a chemical test; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 28.01.010 is amended by adding a new subsection to read: 09 (j) A court may not enforce a municipal ordinance prescribing a penalty for 10 driving while under the influence of an alcoholic beverage, inhalant, or controlled 11 substance or refusal to submit to a chemical test unless that ordinance imposes ignition 12 interlock device requirements under this title. 13 * Sec. 2. AS 28.15.201(d) is amended to read: 01 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 02 a license under AS 28.15.181(c), or the department when revoking a driver's license, 03 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 04 limited license privileges if 05 (1) the revocation was for a misdemeanor conviction under 06 AS 28.35.030(a) and not for a violation of AS 28.35.032; 07 (2) the person has 08 (A) not been previously convicted, [AND] the limited license is 09 not granted during the first 30 days of the period of revocation, and the person 10 is not required to use an ignition interlock device under AS 28.35.030(r); 11 (B) been previously convicted, the limited license is not 12 granted during the first 90 days of the period of revocation, and 13 (i) the court or department requires the person to 14 use an ignition interlock device during the period of the limited 15 license; or 16 (ii) if the person resides in a community where the 17 department has determined that ignition interlock devices are 18 unavailable, the person has successfully completed a court-ordered 19 treatment program under AS 28.35.028 or former AS 28.35.030(p) [; 20 OR 21 (ii) THE COURT OR DEPARTMENT REQUIRES 22 THE PERSON TO USE AN IGNITION INTERLOCK DEVICE 23 DURING THE PERIOD OF THE LIMITED LICENSE]; 24 (3) the court or the department determines that 25 (A) the person's ability to earn a livelihood would be severely 26 impaired without a limited license; or 27 (B) the person has successfully completed a court-ordered 28 treatment program described under AS 28.35.028 or former AS 28.35.030(p) 29 and the person's ability to earn a livelihood, attend school, or provide for 30 family health would be severely impaired without a limited license; 31 (4) the court or the department determines that a limitation under (a) of 01 this section can be placed on the license that will enable the person to earn a livelihood 02 without excessive danger to the public; 03 (5) the court or the department determines that the person is enrolled in 04 and is in compliance with or has successfully completed the alcoholism screening, 05 evaluation, referral, and program requirements of the Department of Health and Social 06 Services under AS 28.35.030(h); and 07 (6) the person has not been previously convicted under 08 AS 28.15.291(a)(2), AS 28.35.030, or 28.35.032 while driving or operating a vehicle, 09 aircraft, or watercraft under a limited license issued under this section. 10 * Sec. 3. AS 28.35.030(b) is amended to read: 11 (b) Except as provided under (n) of this section, driving while under the 12 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 13 misdemeanor. Upon conviction, 14 (1) the court shall impose a minimum sentence of imprisonment of 15 (A) not less than 72 consecutive hours and a fine of not less 16 than $1,500 if the person has not been previously convicted; 17 (B) not less than 20 days, require the person to use an 18 ignition interlock device after the person regains the privilege, including 19 any limited privilege, to operate a motor vehicle throughout the period of 20 probation, and impose a fine of not less than $3,000 if the person has been 21 previously convicted once; 22 (C) not less than 60 days, require the person to use an 23 ignition interlock device after the person regains the privilege, including 24 any limited privilege, to operate a motor vehicle throughout the period of 25 probation, and impose a fine of not less than $4,000 if the person has been 26 previously convicted twice and is not subject to punishment under (n) of this 27 section; 28 (D) not less than 120 days, require the person to use an 29 ignition interlock device after the person regains the privilege, including 30 any limited privilege, to operate a motor vehicle throughout the period of 31 probation, and impose a fine of not less than $5,000 if the person has been 01 previously convicted three times and is not subject to punishment under (n) of 02 this section; 03 (E) not less than 240 days, require the person to use an 04 ignition interlock device after the person regains the privilege, including 05 any limited privilege, to operate a motor vehicle throughout the period of 06 probation, and impose a fine of not less than $6,000 if the person has been 07 previously convicted four times and is not subject to punishment under (n) of 08 this section; 09 (F) not less than 360 days, require the person to use an 10 ignition interlock device after the person regains the privilege, including 11 any limited privilege, to operate a motor vehicle throughout the period of 12 probation, and impose a fine of not less than $7,000 if the person has been 13 previously convicted more than four times and is not subject to punishment 14 under (n) of this section; 15 (2) the court may not 16 (A) suspend execution of sentence or grant probation except on 17 condition that the person 18 (i) serve the minimum imprisonment under (1) of this 19 subsection; and 20 (ii) pay the minimum fine required under (1) of this 21 subsection; 22 (B) suspend imposition of sentence; 23 (3) the court shall revoke the person's driver's license, privilege to 24 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 25 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 26 forfeited under AS 28.35.036; and 27 (4) the court may order that the person, while incarcerated or as a 28 condition of probation or parole, take a drug or combination of drugs intended to 29 prevent the consumption of an alcoholic beverage; a condition of probation or parole 30 imposed under this paragraph is in addition to any other condition authorized under 31 another provision of law. 01 * Sec. 4. AS 28.35.030(n) is amended to read: 02 (n) A person is guilty of a class C felony if the person is convicted under (a) of 03 this section and either has been previously convicted two or more times since 04 January 1, 1996, and within the 10 years preceding the date of the present offense, or 05 punishment under this subsection or under AS 28.35.032(p) was previously imposed 06 within the last 10 years. For purposes of determining minimum sentences based on 07 previous convictions, the provisions of (t)(4) of this section apply. Upon conviction, 08 the court 09 (1) shall impose a fine of not less than $10,000, require the person to 10 use an ignition interlock device after the person regains the privilege to operate a 11 motor vehicle throughout the period of probation, and impose a minimum sentence 12 of imprisonment of not less than 13 (A) 120 days if the person has been previously convicted twice; 14 (B) 240 days if the person has been previously convicted three 15 times; 16 (C) 360 days if the person has been previously convicted four 17 or more times; 18 (2) may not 19 (A) suspend execution of sentence or grant probation except on 20 condition that the person 21 (i) serve the minimum imprisonment under (1) of this 22 subsection; and 23 (ii) pay the minimum fine required under (1) of this 24 subsection; or 25 (B) suspend imposition of sentence; 26 (3) shall permanently revoke the person's driver's license, privilege to 27 drive, or privilege to obtain a license subject to restoration of the license under (o) of 28 this section; 29 (4) may order that the person, while incarcerated or as a condition of 30 probation or parole, take a drug or combination of drugs, intended to prevent the 31 consumption of an alcoholic beverage; a condition of probation or parole imposed 01 under this paragraph is in addition to any other condition authorized under another 02 provision of law; 03 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, 04 or aircraft used in the commission of the offense, subject to remission under 05 AS 28.35.037; and 06 (6) shall order the department to revoke the registration for any vehicle 07 registered by the department in the name of the person convicted under this 08 subsection; if a person convicted under this subsection is a registered co-owner of a 09 vehicle or is registered as a co-owner under a business name, the department shall 10 reissue the vehicle registration and omit the name of the person convicted under this 11 subsection. 12 * Sec. 5. AS 28.35.030(r) is amended to read: 13 (r) If a person is convicted under (a) of this section, the person has not been 14 previously convicted, and it is determined by the trier of fact that, as determined by a 15 chemical test taken within four hours after the offense was committed, 16 (1) there was at least 0.16 percent by weight of alcohol in the person's 17 blood but less than 0.24 percent by weight of alcohol in the person's blood or at least 18 160 milligrams of alcohol per 100 milliliters of blood, but less than 240 milligrams of 19 alcohol per 100 milliliters of blood, or when there was at least 0.16 grams of alcohol 20 per 210 liters of the person's breath, but less than 0.24 grams of alcohol per 210 liters 21 of the person's breath, the court shall require the person to use an ignition interlock 22 device as provided in AS 12.55.102 for a minimum of six months after the person 23 regains the privilege, including any limited privilege, to operate a motor vehicle; 24 (2) there was 0.24 percent or more by weight of alcohol in the person's 25 blood or 240 milligrams or more of alcohol per 100 milliliters of blood, or when there 26 was 0.24 grams or more of alcohol per 210 liters of the person's breath, the court shall 27 require the person to use an ignition interlock device as provided in AS 12.55.102 for 28 a minimum of one year after the person regains the privilege, including any limited 29 privilege, to operate a motor vehicle. 30 * Sec. 6. AS 28.35.030 is amended by adding new subsections to read: 31 (u) In addition to penalties provided in (a) or (n) of this section, the court may 01 place a person convicted under those subsections on probation for a period of not more 02 than 10 years following a term of imprisonment, including any suspended term of 03 imprisonment. The court may place a limitation on the person's driver's license during 04 the term of the probation as provided in AS 28.15.201(d). 05 (v) Notwithstanding (b), (n), or (r) of this section, the court may waive the 06 requirement of the use of an ignition interlock device for a person who resides in a 07 community where the department of administration has determined that ignition 08 interlock devices are unavailable. 09 * Sec. 7. AS 28.35.032(g) is amended to read: 10 (g) Upon conviction under this section, 11 (1) the court shall impose a minimum sentence of imprisonment of 12 (A) not less than 72 consecutive hours and a fine of not less 13 than $1,500 if the person has not been previously convicted; 14 (B) not less than 20 days, require the person to use an 15 ignition interlock device after the person regains the privilege to operate a 16 motor vehicle throughout the period of probation, and impose a fine of not 17 less than $3,000 if the person has been previously convicted once; 18 (C) not less than 60 days, require the person to use an 19 ignition interlock device after the person regains the privilege to operate a 20 motor vehicle throughout the period of probation, and impose a fine of not 21 less than $4,000 if the person has been previously convicted twice and is not 22 subject to punishment under (p) of this section; 23 (D) not less than 120 days, require the person to use an 24 ignition interlock device after the person regains the privilege to operate a 25 motor vehicle throughout the period of probation, and impose a fine of not 26 less than $5,000 if the person has been previously convicted three times and is 27 not subject to punishment under (p) of this section; 28 (E) not less than 240 days, require the person to use an 29 ignition interlock device after the person regains the privilege to operate a 30 motor vehicle throughout the period of probation, and impose a fine of not 31 less than $6,000 if the person has been previously convicted four times and is 01 not subject to punishment under (p) of this section; 02 (F) not less than 360 days, require the person to use an 03 ignition interlock device after the person regains the privilege to operate a 04 motor vehicle throughout the period of probation, and impose a fine of not 05 less than $7,000 if the person has been previously convicted more than four 06 times and is not subject to punishment under (p) of this section; 07 (2) the court may not 08 (A) suspend execution of the sentence required by (1) of this 09 subsection or grant probation, except on condition that the person 10 (i) serve the minimum imprisonment under (1) of this 11 subsection; and 12 (ii) pay the minimum fine required under (1) of this 13 subsection; or 14 (B) suspend imposition of sentence; 15 (3) the court shall revoke the person's driver's license, privilege to 16 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 17 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 18 forfeited under AS 28.35.036; 19 (4) the court may order that the person, while incarcerated or as a 20 condition of probation or parole, take a drug or combination of drugs intended to 21 prevent the consumption of an alcoholic beverage; a condition of probation or parole 22 imposed under this paragraph is in addition to any other condition authorized under 23 another provision of law; and 24 (5) the sentence imposed by the court under this subsection shall run 25 consecutively with any other sentence of imprisonment imposed on the person. 26 * Sec. 8. AS 28.35.032(p) is amended to read: 27 (p) A person is guilty of a class C felony if the person is convicted under this 28 section and either has been previously convicted two or more times since January 1, 29 1996, and within the 10 years preceding the date of the present offense, or punishment 30 under this subsection or under AS 28.35.030(n) was previously imposed within the 31 last 10 years. For purposes of determining minimum sentences based on previous 01 convictions, the provisions of AS 28.35.030(t)(4) apply. Upon conviction, 02 (1) the court shall impose a fine of not less than $10,000, require the 03 person to use an ignition interlock device after the person regains the privilege to 04 operate a motor vehicle throughout the period of probation, and impose a 05 minimum sentence of imprisonment of not less than 06 (A) 120 days if the person has been previously convicted twice; 07 (B) 240 days if the person has been previously convicted three 08 times; 09 (C) 360 days if the person has been previously convicted four 10 or more times; 11 (2) the court may not 12 (A) suspend execution of the sentence required by (1) of this 13 subsection or grant probation, except on condition that the person 14 (i) serve the minimum imprisonment under (1) of this 15 subsection; and 16 (ii) pay the minimum fine required under (1) of this 17 subsection; or 18 (B) suspend imposition of sentence; 19 (3) the court shall permanently revoke the person's driver's license, 20 privilege to drive, or privilege to obtain a license subject to restoration under (q) of 21 this section; 22 (4) the court may order that the person, while incarcerated or as a 23 condition of probation or parole, take a drug, or combination of drugs, intended to 24 prevent consumption of an alcoholic beverage; a condition of probation or parole 25 imposed under this paragraph is in addition to any other condition authorized under 26 another provision of law; 27 (5) the sentence imposed by the court under this subsection shall run 28 consecutively with any other sentence of imprisonment imposed on the person; 29 (6) the court shall order forfeiture under AS 28.35.036, of the motor 30 vehicle, aircraft, or watercraft used in the commission of the offense, subject to 31 remission under AS 28.35.037; and 01 (7) the court shall order the department to revoke the registration for 02 any vehicle registered by the department in the name of the person convicted under 03 this subsection; if a person convicted under this subsection is a registered co-owner of 04 a vehicle, the department shall reissue the vehicle registration and omit the name of 05 the person convicted under this subsection. 06 * Sec. 9. AS 28.35.032 is amended by adding new subsections to read: 07 (u) In addition to penalties provided in (a) or (p) of this section, the court may 08 place a person convicted under those subsections on probation for a period of not more 09 than 10 years following a term of imprisonment, including any suspended term of 10 imprisonment. The court may place a limitation on the person's driver's license during 11 the term of the probation as provided in AS 28.15.201(d). 12 (v) Notwithstanding (g) or (p) of this section, the court may waive the 13 requirement of the use of an ignition interlock device for a person who resides in a 14 community where the Department of Administration has determined that ignition 15 interlock devices are unavailable. 16 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 TRANSITIONAL PROVISION. A person convicted of a misdemeanor violation of 19 AS 28.35.030 before the effective date of this Act who has a limited license issued under or is 20 eligible to receive a limited license under AS 28.15.201(d) may continue to use that limited 21 license or may receive a limited license as provided in AS 28.15.201 and is subject to 22 penalties for violating the limitations on that license as provided in AS 28.15.291. 23 * Sec. 11. This Act takes effect January 1, 2008.