CSHB 61(TRA): "An Act relating to the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; and providing for an effective date."
00CS FOR HOUSE BILL NO. 61(TRA) 01 "An Act relating to the offense of operating a motor vehicle, aircraft, or 02 watercraft while intoxicated; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. FINDINGS AND PURPOSE. (a) The legislature finds that the number of 05 persons who are drinking and driving in an impaired condition is a matter of serious concern, 06 and that there is a rational relationship between establishing a lower limit of alcohol 07 consumption and reducing the number of alcohol-related accidents and fatalities. 08 (b) It is the purpose of this Act to promote the general welfare and public safety by 09 imposing a more restrictive legal limit on alcohol consumption above which the person will 10 lose the privilege to drive. 11 * Sec. 2. AS 28.35.030(a) is amended to read: 12 (a) A person commits the crime of driving while intoxicated if the person 13 operates or drives a motor vehicle or operates an aircraft or a watercraft 14 (1) while under the influence of intoxicating liquor, or any controlled
01 substance; 02 (2) when, as determined by a chemical test taken within four hours 03 after the alleged offense was committed, there is 0.08 [0.10] percent or more by weight 04 of alcohol in the person's blood or 80 [100] milligrams or more of alcohol per 100 05 milliliters of blood, or when there is 0.08 [0.10] grams or more of alcohol per 210 06 liters of the person's breath; or 07 (3) while the person is under the combined influence of intoxicating 08 liquor and a controlled substance. 09 * Sec. 3. AS 28.35.030(b) is amended to read: 10 (b) Driving while intoxicated is a class A misdemeanor. Upon conviction 11 (1) the court shall impose a fine of not less than $250 when, as 12 determined by a chemical test taken within four hours after the alleged offense 13 was committed, there was at least 0.08 but less than 0.10 percent by weight of 14 alcohol in the person's blood or at least 80 milligrams but less than 100 15 milligrams of alcohol per 100 milliliters of blood, or when there is at least 0.08 16 grams but less than 0.10 grams of alcohol per 210 liters of the person's breath; 17 (2) when, as determined by a chemical test taken within four hours 18 after the alleged offense was committed, there was 0.10 percent or more by weight 19 of alcohol in the person's blood or 100 milligrams or more of alcohol per 100 20 milliliters of blood, or when there is 0.10 grams or more of alcohol per 210 liters 21 of the person's breath, the court shall impose a minimum sentence of imprisonment 22 of 23 (A) not less than 72 consecutive hours and a fine of not less 24 than $250 if the person has not been previously convicted; 25 (B) not less than 20 days and a fine of not less than $500 if the 26 person has been previously convicted once; 27 (C) not less than 60 days and a fine of not less than $1,000 if 28 the person has been previously convicted twice; 29 (D) not less than 120 days and a fine of not less than $2,000 30 if the person has been previously convicted three times; 31 (E) not less than 240 days and a fine of not less than $3,000 if
01 the person has been previously convicted four times; 02 (F) not less than 360 days and a fine of not less than $4,000 if 03 the person has been previously convicted more than four times; 04 (3) [(2)] the court may not 05 (A) suspend execution of sentence or grant probation except on 06 condition that the person serve the minimum imprisonment under (2) [(1)] of 07 this subsection; 08 (B) suspend imposition of sentence; 09 (4) [(3)] the court shall revoke the person's driver's license, privilege 10 to drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 11 vehicle or aircraft that was used in commission of the offense to be forfeited under 12 AS 28.35.036. 13 * Sec. 4. AS 28.35.033(a) is amended to read: 14 (a) Upon the trial of a civil or criminal action or proceeding arising out of acts 15 alleged to have been committed by a person while operating or driving a motor vehicle 16 or operating an aircraft or a watercraft while intoxicated, the amount of alcohol in the 17 person's blood or breath at the time alleged shall give rise to the following 18 presumptions: 19 (1) If there was 0.04 [0.05] percent or less by weight of alcohol in the 20 person's blood, or 40 [50] milligrams or less of alcohol per 100 milliliters of the 21 person's blood, or 0.04 [0.05] grams or less of alcohol per 210 liters of the person's 22 breath, it shall be presumed that the person was not under the influence of intoxicating 23 liquor. 24 (2) If there was in excess of 0.04 [0.05] percent but less than 0.08 25 [0.10] percent by weight of alcohol in the person's blood, or in excess of 40 [50] but 26 less than 80 [100] milligrams of alcohol per 100 milliliters of the person's blood, or 27 in excess of 0.04 [0.05] grams but less than 0.08 [0.10] grams of alcohol per 210 liters 28 of the person's breath, that fact does not give rise to any presumption that the person 29 was or was not under the influence of intoxicating liquor, but that fact may be 30 considered with other competent evidence in determining whether the person was 31 under the influence of intoxicating liquor.
01 (3) [REPEALED 02 (4)] If there was 0.08 [0.10] percent or more by weight of alcohol in 03 the person's blood, or 80 [100] milligrams or more of alcohol per 100 milliliters of the 04 person's blood, or 0.08 [0.10] grams or more of alcohol per 210 liters of the person's 05 breath, it shall be presumed that the person was under the influence of intoxicating 06 liquor. 07 * Sec. 5. This Act takes effect only if the state fails to become eligible before January 1, 08 1995, for a basic federal grant to reduce traffic safety problems as required under 23 U.S.C. 09 410(c). Before January 1, 1995, the commissioner of public safety shall notify the revisor of 10 statutes regarding the eligibility of the state to receive a basic grant as described in this 11 section. 12 * Sec. 6. If this Act takes effect, it takes effect January 1, 1995.