HB 542: "An Act relating to punishing certain driving while intoxicated offenses as felonies; and providing for an effective date."
00HOUSE BILL NO. 542 01 "An Act relating to punishing certain driving while intoxicated offenses as 02 felonies; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.35.030(b) is amended to read: 05 (b) Except as provided under (n) of this section, driving [DRIVING] while 06 intoxicated is a class A misdemeanor. Upon conviction 07 (1) the court shall impose a minimum sentence of imprisonment of 08 (A) not less than 72 consecutive hours and a fine of not less 09 than $250 if the person has not been previously convicted; 10 (B) not less than 20 days and a fine of not less than $500 if the 11 person has been previously convicted once; 12 (C) not less than 60 days and a fine of not less than $1,000 if 13 the person has been previously convicted twice; 14 (D) not less than 120 days and a fine of not less than $2,000
01 if the person has been previously convicted three times [; 02 (E) NOT LESS THAN 240 DAYS AND A FINE OF NOT LESS 03 THAN $3,000 IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED 04 FOUR TIMES; 05 (F) NOT LESS THAN 360 DAYS AND A FINE OF NOT LESS 06 THAN $4,000 IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED 07 MORE THAN FOUR TIMES]; 08 (2) the court may not 09 (A) suspend execution of sentence or grant probation except on 10 condition that the person serve the minimum imprisonment under (1) of this 11 subsection; 12 (B) suspend imposition of sentence; 13 (3) the court shall revoke the person's driver's license, privilege to 14 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 15 vehicle or aircraft that was used in commission of the offense to be forfeited under 16 AS 28.35.036. 17 * Sec. 2. AS 28.35.030 is amended by adding a new subsection to read: 18 (n) A person is guilty of a class C felony if the person is convicted of driving 19 while intoxicated and has been previously convicted four or more times. 20 * Sec. 3. AS 28.35.032(f) is amended to read: 21 (f) Except as provided under (q) of this section, refusal [REFUSAL] to 22 submit to the chemical test of breath authorized by AS 28.33.031(a) or 23 AS 28.35.031(a) is a class A misdemeanor. 24 * Sec. 4. AS 28.35.032(g) is amended to read: 25 (g) Upon conviction under this section 26 (1) the court shall impose a minimum sentence of imprisonment of 27 (A) not less than 72 consecutive hours and a fine of not less 28 than $250 if the person has not been previously convicted; 29 (B) not less than 20 days and a fine of not less than $500 if the 30 person has been previously convicted once; 31 (C) not less than 60 days and a fine of not less than $1,000 if
01 the person has been previously convicted twice; 02 (D) not less than 120 days and a fine of not less than $2,000 03 if the person has been previously convicted three times [; 04 (E) NOT LESS THAN 240 DAYS AND A FINE OF NOT 05 LESS THAN $3,000 IF THE PERSON HAS BEEN PREVIOUSLY 06 CONVICTED FOUR TIMES; 07 (F) NOT LESS THAN 360 DAYS AND A FINE OF NOT 08 LESS THAN $4,000 IF THE PERSON HAS BEEN PREVIOUSLY 09 CONVICTED MORE THAN FOUR TIMES]; 10 (2) the court may not 11 (A) suspend execution of the sentence required by (1) of this 12 subsection or grant probation, except on condition that the person serve the 13 minimum imprisonment under (1) of this 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 the motor 17 vehicle or aircraft that was used in commission of the offense be forfeited under 18 AS 28.35.036; and 19 (4) the sentence imposed by the court under this subsection shall run 20 consecutively with any other sentence of imprisonment imposed on the person. 21 * Sec. 5. AS 28.35.032 is amended by adding a new subsection to read: 22 (q) A person is guilty of a class C felony if the person is convicted under this 23 section and has been previously convicted four or more times. The sentence imposed 24 under this subsection shall run consecutively with any other sentence of imprisonment 25 imposed on the person. 26 * Sec. 6. APPLICABILITY. This Act applies to offenses that are committed on or after 27 July 1, 1994. 28 * Sec. 7. This Act takes effect July 1, 1994.