HB 203: "An Act relating to the meaning of the phrase "previously convicted" as that phrase applies to the operation of a motor vehicle, commercial motor vehicle, aircraft, or watercraft while intoxicated."
00HOUSE BILL NO. 203 01 "An Act relating to the meaning of the phrase "previously convicted" as that 02 phrase applies to the operation of a motor vehicle, commercial motor vehicle, 03 aircraft, or watercraft while intoxicated." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 28.15.201(d) is amended to read: 06 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 07 a license under AS 28.15.181(c), or the department when revoking a driver's license, 08 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 09 limited license privileges for the final 60 days during which the license is revoked if 10 (1) the revocation was for a violation of AS 28.15.181(a)(5) and not 11 for a violation of AS 28.15.181(a)(8); 12 (2) the person has not been previously convicted; in this paragraph, 13 "previously convicted" has the meaning given in AS 28.35.030 [AND ALSO 14 INCLUDES CONVICTIONS BASED ON LAWS PRESUMING THAT THE PERSON
01 WAS UNDER THE INFLUENCE OF INTOXICATING LIQUOR IF THERE WAS 02 0.08 PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S 03 BLOOD]; 04 (3) the court or the department determines that the person's ability to 05 earn a livelihood would be severely impaired without a limited license; 06 (4) the court or the department determines that a limitation under (a) 07 of this section can be placed on the license that will enable the person to earn a 08 livelihood without excessive danger to the public; and 09 (5) the court or the department determines that the person is enrolled 10 in and is in compliance with, or has successfully completed, an alcoholism education 11 and rehabilitation treatment program. 12 * Sec. 2. AS 28.33.140(e) is amended to read: 13 (e) A court convicting a person of an offense described in (a)(1) - (5) of this 14 section shall disqualify that person from driving a commercial motor vehicle for life 15 if the person has been previously convicted. As used in this subsection, "previously 16 convicted" means having been convicted in this or another jurisdiction of an offense 17 described in (a)(1) - (5) of this section, or of another law or ordinance with 18 substantially similar elements, including a law or ordinance of another jurisdiction 19 that presumed that the person was under the influence of intoxicating liquor at 20 a lower percentage by weight of alcohol in the persons's blood than that required 21 in this state. 22 * Sec. 3. AS 28.35.030(m)(4) is amended to read: 23 (4) "previously convicted" means having been convicted in this or 24 another jurisdiction, within 10 years preceding the date of the present offense, of any 25 of the following offenses, or of another law or ordinance with substantially similar 26 elements, including a law or ordinance of another jurisdiction that presumed that 27 the person was under the influence of intoxicating liquor at a lower percentage 28 by weight of alcohol in the person's blood than that required in this state; 29 however, convictions for any of these offenses, if arising out of a single transaction 30 and a single arrest, are considered one previous conviction: 31 (A) operating a motor vehicle, aircraft, or watercraft while
01 intoxicated, in violation of this section; 02 (B) refusal to submit to a chemical test in violation of 03 AS 28.35.032; or 04 (C) operating a commercial motor vehicle while intoxicated in 05 violation of AS 28.33.030. 06 * Sec. 4. AS 28.35.036(a) is amended to read: 07 (a) After conviction of an offense under AS 28.35.030 or 28.35.032, the state 08 may move the court to order the forfeiture of the motor vehicle, or aircraft involved 09 in the commission of the offense if the convicted person has been previously convicted 10 in this or another jurisdiction of more than one of the following offenses or has more 11 than once been previously convicted of one of the following offenses: 12 (1) driving while intoxicated under AS 28.35.030 or another law or 13 ordinance with substantially similar elements, including a law or ordinance of 14 another jurisdiction that presumed that the person was under the influence of 15 intoxicating liquor at a lower percentage by weight of alcohol in the person's 16 blood than that required in this state; or 17 (2) refusal to submit to a chemical test under AS 28.35.032 or another 18 law or ordinance with substantially similar elements.