CSHB 61(FIN) AM: "An Act relating to the offense of operating a commercial motor vehicle while intoxicated and the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; relating to presumptions arising from the amount of alcohol in a person's breath or blood; relating to chemical testing of a person's breath; and providing for an effective date."
00CS FOR HOUSE BILL NO. 61(FIN) am 01 "An Act relating to the offense of operating a commercial motor vehicle while 02 intoxicated and the offense of operating a motor vehicle, aircraft, or watercraft 03 while intoxicated; relating to presumptions arising from the amount of alcohol in 04 a person's breath or blood; relating to chemical testing of a person's breath; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. FINDINGS AND PURPOSE. (a) The legislature finds that the number of 08 persons who are drinking and driving in an impaired condition is a matter of serious concern, 09 and that there is a rational relationship between establishing a lower limit of alcohol 10 consumption and reducing the number of alcohol-related accidents and fatalities. 11 (b) It is the purpose of this Act to promote the general welfare and public safety by 12 imposing a more restrictive legal limit on alcohol consumption above which the person will 13 lose the privilege to drive. 14 * Sec. 2. AS 28.33.030(a) is amended to read:
01 (a) A person commits the crime of operating a commercial motor vehicle while 02 intoxicated if the person operates a commercial motor vehicle 03 (1) while under the influence of intoxicating liquor or any controlled 04 substance; 05 (2) when, as determined by a chemical test taken within four hours 06 after the alleged offense was committed, there is at the time the test is taken 0.04 07 percent or more by weight of alcohol in the person's blood or 40 milligrams or more 08 of alcohol per 100 milliliters of blood, or when there is 0.04 grams or more of alcohol 09 per 210 liters of the person's breath; or 10 (3) while under the combined influence of intoxicating liquor and a 11 controlled substance. 12 * Sec. 3. AS 28.35.030(a) is amended to read: 13 (a) A person commits the crime of driving while intoxicated if the person 14 operates or drives a motor vehicle or operates an aircraft or a watercraft 15 (1) while under the influence of intoxicating liquor, or any controlled 16 substance; 17 (2) when, as determined by a chemical test taken within four hours 18 after the alleged offense was committed, there is at the time the test is taken 0.08 19 [0.10] percent or more by weight of alcohol in the person's blood or 80 [100] 20 milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.08 [0.10] 21 grams or more of alcohol per 210 liters of the person's breath; or 22 (3) while the person is under the combined influence of intoxicating 23 liquor and a controlled substance. 24 * Sec. 4. AS 28.35.033(a) is amended to read: 25 (a) Upon the trial of a civil or criminal action or proceeding arising out of acts 26 alleged to have been committed by a person while operating or driving a motor vehicle 27 or operating an aircraft or a watercraft while intoxicated, the amount of alcohol in the 28 person's blood or breath at the time alleged shall give rise to the following 29 presumptions: 30 (1) If there was 0.04 [0.05] percent or less by weight of alcohol in the 31 person's blood, or 40 [50] milligrams or less of alcohol per 100 milliliters of the
01 person's blood, or 0.04 [0.05] grams or less of alcohol per 210 liters of the person's 02 breath, it shall be presumed that the person was not under the influence of intoxicating 03 liquor. 04 (2) If there was in excess of 0.04 [0.05] percent but less than 0.08 05 [0.10] percent by weight of alcohol in the person's blood, or in excess of 40 [50] but 06 less than 80 [100] milligrams of alcohol per 100 milliliters of the person's blood, or 07 in excess of 0.04 [0.05] grams but less than 0.08 [0.10] grams of alcohol per 210 liters 08 of the person's breath, that fact does not give rise to any presumption that the person 09 was or was not under the influence of intoxicating liquor, but that fact may be 10 considered with other competent evidence in determining whether the person was 11 under the influence of intoxicating liquor. 12 (3) [REPEALED 13 (4)] If there was 0.08 [0.10] percent or more by weight of alcohol in 14 the person's blood, or 80 [100] milligrams or more of alcohol per 100 milliliters of the 15 person's blood, or 0.08 [0.10] grams or more of alcohol per 210 liters of the person's 16 breath, it shall be presumed that the person was under the influence of intoxicating 17 liquor. 18 * Sec. 5. AS 28.35.033(c) is amended to read: 19 (c) The provisions of (a) of this section 20 (1) may not be construed to limit the introduction of any other 21 competent evidence bearing upon the question of whether the person was or was not 22 under the influence of intoxicating liquor; and 23 (2) do not apply to a civil action permitted under AS 04.21.020. 24 * Sec. 6. This Act takes effect September 1, 1994.