HB 445 AM: "An Act relating to administrative or court revocation of a driver's license resulting from operation of a motor vehicle, commercial motor vehicle, or aircraft; relating to chemical testing of a person's breath, urine, or blood if the person is involved in a motor vehicle accident that causes death or serious physical injury; relating to definitions applicable to commercial motor vehicle laws; relating to chemical testing of a person's breath, urine, or blood without the person's consent; and relating to the use in a civil or criminal action of the refusal of a person to submit to a chemical test."
00HOUSE BILL NO. 445 am 01 "An Act relating to administrative or court revocation of a driver's license 02 resulting from operation of a motor vehicle, commercial motor vehicle, or aircraft; 03 relating to chemical testing of a person's breath, urine, or blood if the person 04 is involved in a motor vehicle accident that causes death or serious physical 05 injury; relating to definitions applicable to commercial motor vehicle laws; relating 06 to chemical testing of a person's breath, urine, or blood without the person's 07 consent; and relating to the use in a civil or criminal action of the refusal of 08 a person to submit to a chemical test." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 28.15.165(a) is amended to read: 11 (a) A law enforcement officer shall read a notice, and deliver a copy of it, to 12 a person operating a motor vehicle, commercial motor vehicle, or aircraft, if a 13 chemical test administered under AS 28.33.031(a) or AS 28.35.031(a) or (g) produces 14 a result described in AS 28.35.030(a)(2); a chemical test administered under
01 AS 28.33.031(a) produces a result described in AS 28.33.030(a)(2); or the person 02 refuses to submit to a chemical test authorized under AS 28.33.031(a) [AS 28.33.031] 03 or AS 28.35.031(a) or (g) [AS 28.35.032]. The notice must advise that 04 (1) the department intends to revoke the person's driver's license, 05 privilege to drive, or privilege to obtain a license, refuse to issue an original license 06 to the person, or disqualify the person; 07 (2) the person has the right to administrative review of the action taken 08 against the person's license or determination not to issue an original license; 09 (3) if the person has a driver's license or a nonresident privilege to 10 drive, the notice itself is a temporary driver's license that expires seven days after it 11 is delivered to the person, except that if the person was operating a commercial motor 12 vehicle the person will be ordered out of service for 24 hours under AS 28.33.130; 13 (4) revocation of the person's driver's license, privilege to drive, or 14 privilege to obtain a license, a determination not to issue an original license, or a 15 disqualification of the person, takes effect seven days after delivery of the notice to the 16 person unless the person, within seven days, requests an administrative review. 17 * Sec. 2. AS 28.15.165(c) is amended to read: 18 (c) Unless the person has obtained a temporary permit or stay of a 19 departmental action under AS 28.15.166, if the chemical test administered under 20 AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in 21 AS 28.35.030(a)(2) or the person refused to submit to a chemical test authorized 22 under AS 28.33.031(a) [AS 28.33.031] or AS 28.35.031(a) or (g) [AS 28.35.032], the 23 department shall revoke the person's license, privilege to drive, or privilege to obtain 24 a license, shall refuse to issue an original license, and, if the chemical test administered 25 under AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2) or the person 26 refused to submit to a chemical test authorized under AS 28.33.031(a) 27 [AS 28.33.031], shall disqualify the person. The department's action takes effect seven 28 days after delivery to the person of the notice required under (a) of this section, and 29 after receipt of a sworn report of a law enforcement officer 30 (1) that a chemical test administered under AS 28.33.031(a) or 31 AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2), that a
01 chemical test administered under AS 28.33.031(a) produced a result described in 02 AS 28.33.030(a)(2), or that a person refused to submit to a chemical test authorized 03 under AS 28.33.031(a) [AS 28.33.031] or AS 28.35.031(a) or (g) [AS 28.35.032]; 04 (2) that notice under (a) of this section was provided to the person; and 05 (3) describing the 06 (A) circumstances surrounding the arrest and the grounds for the 07 officer's belief that the person operated a motor vehicle, commercial motor 08 vehicle, or aircraft while intoxicated in violation of AS 28.33.030 or 09 AS 28.35.030; or 10 (B) grounds for the officer's belief that the person operated 11 a motor vehicle or commercial motor vehicle that was involved in an 12 accident causing death or serious physical injury to another person. 13 * Sec. 3. AS 28.15.166(g) is amended to read: 14 (g) The hearing for review of action by the department under AS 28.15.165 15 shall be limited to the issues of whether the law enforcement [ARRESTING] officer 16 had reasonable grounds to believe that the person was operating a motor vehicle or 17 commercial motor vehicle that was involved in an accident causing death or 18 serious physical injury to another, or that the person was operating a motor 19 vehicle, commercial motor vehicle, or aircraft while intoxicated in violation of 20 AS 28.33.030 or AS 28.35.030 and whether 21 (1) the person refused to submit to a chemical test authorized under 22 AS 28.33.031(a) [AS 28.33.031] or AS 28.35.031(a) or (g) [AS 28.35.032] after being 23 advised that refusal would result in disqualification or the suspension, revocation, or 24 denial of the person's license, privilege to drive, or privilege to obtain a license, and 25 that the refusal is a misdemeanor; 26 (2) the chemical test administered [AUTHORIZED] under 27 AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in 28 AS 28.35.030(a)(2); or 29 (3) the chemical test administered [AUTHORIZED] under 30 AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2). 31 * Sec. 4. AS 28.15.181(a) is amended to read:
01 (a) Conviction of any of the following offenses is grounds for the immediate 02 revocation of a driver's license, privilege to drive, or privilege to obtain a license: 03 (1) manslaughter or negligent homicide resulting from driving a motor 04 vehicle; 05 (2) a felony in the commission of which a motor vehicle is used; 06 (3) failure to stop and give aid as required by law when a motor 07 vehicle accident results in the death or personal injury of another; 08 (4) perjury or making a false affidavit or statement under oath to the 09 department under a law relating to motor vehicles; 10 (5) operating a motor vehicle or aircraft while intoxicated; 11 (6) reckless driving; 12 (7) using a motor vehicle in unlawful flight to avoid arrest by a peace 13 officer; 14 (8) refusal to submit to a chemical test authorized under 15 AS 28.33.031(a) [AS 28.33.031] or AS 28.35.031(a) [AS 28.35.032] while under arrest 16 for operating a motor vehicle, commercial motor vehicle, or aircraft while intoxicated, 17 or authorized under AS 28.35.031(g); 18 (9) driving while license, privilege to drive, or privilege to obtain a 19 license, canceled, suspended, revoked, or in violation of a limitation. 20 * Sec. 5. AS 28.33.031(a) is amended to read: 21 (a) A person who operates a commercial motor vehicle in this state is 22 considered to have given consent to a chemical test or tests 23 (1) of the person's breath if lawfully arrested for an offense arising out 24 of acts alleged to have been committed when the person was operating the commercial 25 motor vehicle while intoxicated; the [. THE] test or tests may be administered at the 26 direction of a law enforcement officer who has reasonable grounds to believe that the 27 person was operating a commercial motor vehicle while intoxicated in violation of 28 AS 28.33.030 or AS 28.35.030; 29 (2) of the person's breath and blood for the purpose of determining 30 the alcoholic content of the person's breath and blood and is considered to have 31 given consent to a chemical test or tests of the person's blood and urine for the
01 purpose of determining the presence of controlled substances in the person's 02 blood and urine if the person is involved in a motor vehicle accident that causes 03 death or serious physical injury to another person; the test or tests may be 04 administered at the direction of a law enforcement officer who has reasonable 05 grounds to believe that the person was operating a commercial motor vehicle that 06 was involved in an accident causing death or serious physical injury to another 07 person. 08 * Sec. 6. AS 28.33.190 is amended to read: 09 Sec. 28.33.190. DEFINITIONS. In this chapter [AS 28.33.100 - 28.33.190], 10 (1) "alcoholic beverage" has the meaning given in AS 04.21.080(b); 11 (2) "commercial motor vehicle" has the meaning given in 12 AS 28.40.100; 13 (3) "controlled substance" means any substance listed as being 14 controlled under AS 11.71 or 21 U.S.C. 812 - 813, or determined under federal 15 regulations to be controlled for purposes of 21 U.S.C. 801 - 813 (Controlled 16 Substances Act); 17 (4) "disqualification" means a withdrawal of the privilege to drive a 18 commercial motor vehicle; 19 (5) "disqualified" means that a person's privilege to drive a commercial 20 motor vehicle has been withdrawn; 21 (6) "drive a commercial motor vehicle" means to affect the movement, 22 attempt to affect the movement, or to be in actual physical control, of a commercial 23 motor vehicle in motion, excluding slight motion incidental to loading, unloading, 24 servicing, or inspecting the vehicle; 25 (7) "employer" means a person who 26 (A) provides compensation to a person who operates a 27 commercial motor vehicle, including wages or other remuneration, whether 28 through an employment relationship or by contract; or 29 (B) acts as an agent of someone who provides compensation to 30 a person who operates a commercial motor vehicle, with authority to allow, 31 require, permit, assign, or authorize the person being compensated to operate
01 a commercial motor vehicle; 02 (8) "hazardous substance" means a substance found by the United 03 States Secretary of Transportation to be hazardous for purposes of 49 U.S.C. 1801 - 04 1813 (Hazardous Materials Transportation Act); 05 (9) "operating a commercial motor vehicle" means 06 (A) to drive a commercial motor vehicle; or 07 (B) whether or not the vehicle is in motion, or is capable of 08 being moved, to be in actual physical control, or to attempt to affect the 09 movement, of a commercial motor vehicle; and 10 (10) "serious traffic violation" means 11 (A) speeding 15 miles per hour or more above the posted limit; 12 (B) reckless or negligent driving, in violation of AS 28.35.040 13 or 28.35.045 or an ordinance with substantially similar elements; 14 (C) violation of a provision of this title, or a regulation adopted 15 under this title, relating to improper lane changes or following too closely, or 16 an ordinance with substantially similar elements; or 17 (D) violation of a law or ordinance relating to traffic control, 18 which was determined by the court by a preponderance of the evidence to have 19 been a factor in causing physical injury to a person. 20 * Sec. 7. AS 28.35.031 is amended by adding a new subsection to read: 21 (g) A person who operates or drives a motor vehicle in this state shall be 22 considered to have given consent to a chemical test or tests of the person's breath and 23 blood for the purpose of determining the alcoholic content of the person's breath and 24 blood and shall be considered to have given consent to a chemical test or tests of the 25 person's blood and urine for the purpose of determining the presence of controlled 26 substances in the person's blood and urine if the person is involved in a motor vehicle 27 accident that causes death or serious physical injury to another person. The test or 28 tests may be administered at the direction of a law enforcement officer who has 29 reasonable grounds to believe that the person was operating or driving a motor vehicle 30 in this state that was involved in an accident causing death or serious physical injury 31 to another person.
01 * Sec. 8. AS 28.35.032(a) is amended to read: 02 (a) If a person under arrest for operating a motor vehicle or aircraft while 03 intoxicated refuses the request of a law enforcement officer to submit to a chemical 04 test authorized under AS 28.33.031(a)(1) [AS 28.33.031(a)] or AS 28.35.031(a), or 05 if a person involved in a motor vehicle accident that causes death or serious 06 physical injury to another person refuses the request of a law enforcement officer 07 to submit to a chemical test authorized under AS 28.33.031(a)(2) or 08 AS 28.35.031(g), after being advised by the officer that the refusal will[, IF THAT 09 PERSON WAS ARRESTED WHILE OPERATING A MOTOR VEHICLE OR 10 AIRCRAFT,] result in the denial or revocation of the driver's license, privilege to 11 drive, or privilege to obtain a license, that the refusal may be used against the person 12 in a civil or criminal action or proceeding arising out of an act alleged to have been 13 committed by the person while operating a motor vehicle or [, AN] aircraft[, OR A 14 WATERCRAFT] while intoxicated, and that the refusal is a crime, a chemical test may 15 not be given, except as provided by AS 28.35.035. If a person under arrest for 16 operating a watercraft while intoxicated refuses the request of a law enforcement 17 officer to submit to a chemical test authorized under AS 28.35.031(a), after being 18 advised by the officer that the refusal may be used against the person in a civil 19 or criminal action or proceeding arising out of an act alleged to have been 20 committed by the person while operating a watercraft while intoxicated, and that 21 the refusal is a crime, a chemical test may not be given, except as provided by 22 AS 28.35.035. 23 * Sec. 9. AS 28.35.032(e) is amended to read: 24 (e) The refusal of a person to submit to a chemical test authorized under 25 AS 28.33.031(a) or AS 28.35.031(a) or (g) [OF BREATH UNDER (a) OF THIS 26 SECTION] is admissible evidence in a civil or criminal action or proceeding arising 27 out of an act alleged to have been committed by the person while operating or driving 28 a motor vehicle or operating an aircraft or watercraft while intoxicated. 29 * Sec. 10. AS 28.35.032(f) is amended to read: 30 (f) Refusal to submit to a [THE] chemical test [OF BREATH] authorized by 31 AS 28.33.031(a) or AS 28.35.031(a) or (g) is a class A misdemeanor.
01 * Sec. 11. AS 28.35.032(j) is amended to read: 02 (j) For purposes of this section, convictions for operating or driving while 03 intoxicated under AS 28.33.030 or AS 28.35.030 and for refusal to submit to a 04 chemical test [OF BREATH] under this section, if arising out of a single transaction 05 and a single arrest, are considered one previous conviction. 06 * Sec. 12. AS 28.35.035(a) is amended to read: 07 (a) If a person is under arrest for an offense arising out of acts alleged to have 08 been committed while the person was operating a motor vehicle, aircraft, or watercraft 09 while intoxicated, and that arrest results from an accident that causes death or physical 10 injury to another person, a chemical test may be administered without the consent of 11 the person arrested to determine the amount of alcohol in that person's breath or blood 12 or to determine the presence of controlled substances in that person's blood and 13 urine. 14 * Sec. 13. AS 28.35.035(b) is amended to read: 15 (b) A person who is unconscious or otherwise in a condition rendering that 16 person incapable of refusal is considered not to have withdrawn the consent provided 17 under AS 28.33.031(a) or AS 28.35.031(a) or (g) and a chemical test may be 18 administered to determine the amount of alcohol in that person's breath or blood or 19 to determine the presence of controlled substances in that person's blood and 20 urine. A person who is unconscious or otherwise incapable of refusal need not be 21 placed under arrest before a chemical test may be administered. 22 * Sec. 14. AS 28.35.036(b) is amended to read: 23 (b) For purposes of this section, convictions for both driving while intoxicated 24 and for refusal to submit to a chemical test authorized [OF BREATH] under 25 AS 28.35.031(a) or (g), if arising out of a single transaction and a single arrest, are 26 considered one previous conviction. 27 * Sec. 15. AS 28.35 is amended by adding a new section to read: 28 Sec. 28.35.039. DEFINITION FOR AS 28.35.029 - 28.35.039. In 29 AS 28.35.029 - 28.35.039, "controlled substance" has the meaning given in 30 AS 28.33.190. 31 * Sec. 16. AS 28.40.100(a) is amended by adding a new paragraph to read:
01 (24) "serious physical injury" means the same as in AS 11.81.900(b). 02 * Sec. 17. AS 28.35.030(m)(1) is repealed.