CSHB 4(TRA): "An Act relating to offenses involving operating a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage or controlled substance; relating to court records of a conviction involving a violation of the Alaska Uniform Vehicle Code or another law, regulation, or ordinance regulating the driving of vehicles; relating to implied consent to take a chemical test; relating to registration of motor vehicles; relating to presumptions arising from the amount of alcohol in a person's breath or blood; relating to the definition of 'controlled substance' for purposes of the Alaska Uniform Vehicle Code; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 4(TRA) 01 "An Act relating to offenses involving operating a motor vehicle, aircraft, or watercraft 02 while under the influence of an alcoholic beverage or controlled substance; relating to 03 court records of a conviction involving a violation of the Alaska Uniform Vehicle Code 04 or another law, regulation, or ordinance regulating the driving of vehicles; relating to 05 implied consent to take a chemical test; relating to registration of motor vehicles; 06 relating to presumptions arising from the amount of alcohol in a person's breath or 07 blood; relating to the definition of 'controlled substance' for purposes of the Alaska 08 Uniform Vehicle Code; and providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 11 to read: 12 FINDINGS AND INTENT. (a) The legislature finds that
01 (1) driving on state highways is a privilege granted to citizens; 02 (2) in order to keep the privilege of driving on state highways, a citizen must 03 follow state laws regarding safe driving; 04 (3) in 1998, there were 71 vehicle-related deaths in the state, and 31 were 05 alcohol-related; 06 (4) in 1999, there were 76 vehicle-related deaths in the state, and 40 were 07 alcohol-related; 08 (5) from 1998 to 1999, the number of traffic fatalities in Alaska rose by nine 09 percent; 10 (6) Alaska ranks in the top 15 states in terms of alcohol-related traffic 11 fatalities; 12 (7) habitual offenders do most of the harm. 13 (b) It is the intent of this Act to reduce the number of alcohol-related traffic accidents 14 and fatalities. 15 * Sec. 2. AS 09.60.070(c)(14) is amended to read: 16 (14) driving while under the influence of an alcoholic beverage or 17 controlled substance [INTOXICATED] or another crime resulting from the operation 18 of a motor vehicle, boat, or airplane when the offender is under the influence of an 19 alcoholic beverage or controlled substance [INTOXICATED]; 20 * Sec. 3. AS 12.25.033 is amended to read: 21 Sec. 12.25.033. Arrest without warrant for operating vehicle while under 22 the influence of an alcoholic beverage or controlled substance [INTOXICATED]. 23 A peace officer may arrest a person without a warrant, whether or not the offense is 24 committed in the presence of the officer, when the officer has probable cause to 25 believe that the person to be arrested has committed the crime of operating a motor 26 vehicle, an aircraft, or a watercraft in violation of AS 28.35.030 or a similar city or 27 borough ordinance, if the violation is alleged to have occurred less than eight hours 28 before the time of arrest. 29 * Sec. 4. AS 12.55.125(c) is amended to read: 30 (c) A defendant convicted of a class A felony may be sentenced to a definite 31 term of imprisonment of not more than 20 years, and shall be sentenced to the
01 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 02 12.55.175: 03 (1) if the offense is a first felony conviction and does not involve 04 circumstances described in (2) of this subsection, five years; 05 (2) if the offense is a first felony conviction 06 (A) other than for manslaughter and the defendant possessed a 07 firearm, used a dangerous instrument, or caused serious physical injury during 08 the commission of the offense, or knowingly directed the conduct constituting 09 the offense at a uniformed or otherwise clearly identified peace officer, fire 10 fighter, correctional employee, emergency medical technician, paramedic, 11 ambulance attendant, or other emergency responder who was engaged in the 12 performance of official duties at the time of the offense, seven years; 13 (B) for manslaughter and the conduct resulting in the 14 conviction was knowingly directed towards a child under the age of 16, seven 15 years; 16 (C) for manslaughter and the conduct resulting in the 17 conviction involved driving while under the influence of an alcoholic 18 beverage or controlled substance, seven years; 19 (3) if the offense is a second felony conviction, 10 years; 20 (4) if the offense is a third felony conviction and the defendant is not 21 subject to sentencing under (l) of this section, 15 years. 22 * Sec. 5. AS 18.67.101 is amended to read: 23 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 24 board may order the payment of compensation in accordance with the provisions of 25 this chapter for personal injury or death that resulted from 26 (1) an attempt on the part of the applicant to prevent the commission of 27 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 28 officer to do so, or aiding a victim of crime; or 29 (2) the commission or attempt on the part of one other than the 30 applicant to commit any of the following offenses: 31 (A) murder in any degree;
01 (B) manslaughter; 02 (C) criminally negligent homicide; 03 (D) assault in any degree; 04 (E) kidnapping; 05 (F) sexual assault in any degree; 06 (G) sexual abuse of a minor; 07 (H) robbery in any degree; 08 (I) threats to do bodily harm; or 09 (J) driving while under the influence of an alcoholic 10 beverage or controlled substance [INTOXICATED] or another crime 11 resulting from the operation of a motor vehicle, boat, or airplane when the 12 offender is under the influence of an alcoholic beverage or controlled 13 substance [INTOXICATED]. 14 * Sec. 6. AS 28.10.041 is amended by adding a new subsection to read: 15 (d) The department shall refuse to register a vehicle if the applicant 16 (1) does not have a valid driver's license and the applicant's license or 17 privilege to obtain a license has been suspended or revoked; or 18 (2) fails to register the vehicle using the applicant's first, middle, and 19 last name or a business name. 20 * Sec. 7. AS 28.15.046(d) is amended to read: 21 (d) The department may not issue a license to an applicant who has been 22 convicted of driving while under the influence of an alcoholic beverage or 23 controlled substance [INTOXICATED] under AS 28.35.030 within two years of the 24 time of application or to an applicant who has two or more convictions for driving 25 while under the influence of an alcoholic beverage or controlled substance 26 [INTOXICATED] within 10 years of the time of application. 27 * Sec. 8. AS 28.15.081(a) is amended to read: 28 (a) The department shall examine every applicant for a driver's license. The 29 examination must include a test of the applicant's (1) eyesight, (2) ability to read and 30 understand official traffic control devices, (3) knowledge of safe driving practices, (4) 31 knowledge of the effects of alcohol and drugs on drivers and the dangers of driving
01 under the influence of alcohol or drugs, (5) knowledge of the laws on driving while 02 under the influence of an alcoholic beverage or controlled substance 03 [INTOXICATED], (6) knowledge of the laws on financial responsibility and 04 mandatory motor vehicle liability insurance, and (7) knowledge of the traffic laws and 05 regulations of the state. The examination may include a demonstration of ability to 06 exercise ordinary and reasonable control in the driving of a motor vehicle of the type 07 and general class of vehicles for which the applicant seeks a license. However, an 08 applicant who has not been previously issued a driver's license by this or another 09 jurisdiction shall demonstrate ability and shall present medical information that the 10 department reasonably requires to determine fitness to safely drive a motor vehicle of 11 the type and general class of vehicles for which the applicant seeks a license. 12 * Sec. 9. AS 28.15.165(c) is amended to read: 13 (c) Unless the person has obtained a temporary permit or stay of a 14 departmental action under AS 28.15.166, if the chemical test administered under 15 AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in 16 AS 28.35.030(a)(2) or the person refused to submit to a chemical test authorized under 17 AS 28.33.031(a) or AS 28.35.031(a) or (g), the department shall revoke the person's 18 license, privilege to drive, or privilege to obtain a license, shall refuse to issue an 19 original license, and, if the chemical test administered under AS 28.33.031(a) 20 produced a result described in AS 28.33.030(a)(2) or the person refused to submit to a 21 chemical test authorized under AS 28.33.031(a), shall disqualify the person. The 22 department's action takes effect seven days after delivery to the person of the notice 23 required under (a) of this section, and after receipt of a sworn report of a law 24 enforcement officer 25 (1) that a chemical test administered under AS 28.33.031(a) or 26 AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2), that a 27 chemical test administered under AS 28.33.031(a) produced a result described in 28 AS 28.33.030(a)(2), or that a person refused to submit to a chemical test authorized 29 under AS 28.33.031(a) or AS 28.35.031(a) or (g); 30 (2) that notice under (a) of this section was provided to the person; and 31 (3) describing the
01 (A) circumstances surrounding the arrest and the grounds for 02 the officer's belief that the person operated a motor vehicle, commercial motor 03 vehicle, or aircraft while under the influence of an alcoholic beverage or 04 controlled substance [INTOXICATED] in violation of AS 28.33.030 or 05 AS 28.35.030; or 06 (B) grounds for the officer's belief that the person operated a 07 motor vehicle or commercial motor vehicle that was involved in an accident 08 causing death or serious physical injury to another person. 09 * Sec. 10. AS 28.15.166(g) is amended to read: 10 (g) The hearing for review of action by the department under AS 28.15.165 11 shall be limited to the issues of whether the law enforcement officer had probable 12 cause [REASONABLE GROUNDS] to believe that the person was operating a motor 13 vehicle or commercial motor vehicle that was involved in an accident causing death or 14 serious physical injury to another, or that the person was operating a motor vehicle, 15 commercial motor vehicle, or aircraft while under the influence of an alcoholic 16 beverage or controlled substance [INTOXICATED] in violation of AS 28.33.030 or 17 AS 28.35.030 and whether 18 (1) the person refused to submit to a chemical test authorized under 19 AS 28.33.031(a) or AS 28.35.031(a) or (g) after being advised that refusal would 20 result in disqualification or the suspension, revocation, or denial of the person's 21 license, privilege to drive, or privilege to obtain a license, and that the refusal is a 22 misdemeanor; 23 (2) the chemical test administered under AS 28.33.031(a) or 24 AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2); or 25 (3) the chemical test administered under AS 28.33.031(a) produced a 26 result described in AS 28.33.030(a)(2). 27 * Sec. 11. AS 28.15.181(a) is amended to read: 28 (a) Conviction of any of the following offenses is grounds for the immediate 29 revocation of a driver's license, privilege to drive, or privilege to obtain a license: 30 (1) manslaughter or negligent homicide resulting from driving a motor 31 vehicle;
01 (2) a felony in the commission of which a motor vehicle is used; 02 (3) failure to stop and give aid as required by law when a motor 03 vehicle accident results in the death or personal injury of another; 04 (4) perjury or making a false affidavit or statement under oath to the 05 department under a law relating to motor vehicles; 06 (5) operating a motor vehicle or aircraft while under the influence of 07 an alcoholic beverage or controlled substance [INTOXICATED]; 08 (6) reckless driving; 09 (7) using a motor vehicle in unlawful flight to avoid arrest by a peace 10 officer; 11 (8) refusal to submit to a chemical test authorized under 12 AS 28.33.031(a) or AS 28.35.031(a) while under arrest for operating a motor vehicle, 13 commercial motor vehicle, or aircraft while under the influence of an alcoholic 14 beverage or controlled substance [INTOXICATED], or authorized under 15 AS 28.35.031(g); 16 (9) driving while license, privilege to drive, or privilege to obtain a 17 license, canceled, suspended, or revoked, or in violation of a limitation; 18 (10) vehicle theft in the first degree in violation of AS 11.46.360 or 19 vehicle theft in the second degree in violation of AS 11.46.365. 20 * Sec. 12. AS 28.15.181(c) is amended to read: 21 (c) A court convicting a person of an offense described in (a)(5) or (8) of this 22 section arising out of the operation of a motor vehicle, commercial motor vehicle, or 23 aircraft shall revoke that person's driver's license, privilege to drive, or privilege to 24 obtain a license. The revocation may be concurrent with or consecutive to an 25 administrative revocation under AS 28.15.165. The court may not, except as provided 26 in AS 28.15.201, grant limited license privileges during the minimum period of 27 revocation. The minimum periods of revocation are [:] 28 (1) not less than 45 days if the person has not been previously 29 convicted and if the court has suspended the execution of the sentence of 30 imprisonment under AS 28.35.030(b)(1)(A)(i); 31 (2) not less than 90 days if the person has not been previously
01 convicted and if the court has not suspended the execution of the sentence of 02 imprisonment under AS 28.35.030(b)(1)(A)(i); 03 (3) [(2)] not less than one year if the person has been previously 04 convicted once; 05 (4) [(3)] not less than 3 years if the person has been previously 06 convicted twice; 07 (5) [(4)] not less than 5 years if the person has been previously 08 convicted more than twice. 09 * Sec. 13. AS 28.15.191(a) is amended to read: 10 (a) A court that convicts a person of an offense under this title or a regulation 11 adopted under this title, or another law or regulation of this state, or a municipal 12 ordinance that regulates the driving of vehicles, shall forward a record of the 13 conviction to the department by the end of the following business day. A conviction 14 of a standing or parking offense need not be reported. 15 * Sec. 14. AS 28.15.201(d) is amended to read: 16 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 17 a license under AS 28.15.181(c)(2), (3), (4), or (5) [AS 28.15.181(c)], or the 18 department when revoking a driver's license, privilege to drive, or privilege to obtain a 19 license under AS 28.15.165(c), may grant limited license privileges for the final 60 20 days during which the license is revoked if 21 (1) the revocation was for a violation of AS 28.15.181(a)(5) and not 22 for a violation of AS 28.15.181(a)(8); 23 (2) the person has not been previously convicted; in this paragraph, 24 "previously convicted" has the meaning given in AS 28.35.030 and also includes 25 convictions based on laws presuming that the person was under the influence of 26 intoxicating liquor if there was 0.08 percent or more by weight of alcohol in the 27 person's blood; 28 (3) the court or the department determines that the person's ability to 29 earn a livelihood would be severely impaired without a limited license; 30 (4) the court or the department determines that a limitation under (a) of 31 this section can be placed on the license that will enable the person to earn a livelihood
01 without excessive danger to the public; and 02 (5) the court or the department determines that the person has met [IS 03 ENROLLED IN AND IS IN COMPLIANCE WITH, OR HAS SUCCESSFULLY 04 COMPLETED, AN] alcoholism screening, evaluation, referral, and [EDUCATION 05 AND REHABILITATION TREATMENT] program requirements of the 06 Department of Health and Social Services under AS 28.35.030(h). 07 * Sec. 15. AS 28.15.201 is amended by adding a new subsection to read: 08 (e) A court revoking a driver's license, privilege to drive, or privilege to obtain 09 a license under AS 28.15.181(c)(1), or the department when revoking a driver's 10 license, privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may 11 grant limited license privileges for the final 30 days during which the license is 12 revoked, if the person's driver's license is not revoked, suspended, denied, or canceled 13 under another provision of law. During the remainder of the probationary period 14 imposed under AS 28.35.030(b)(1)(A)(i) that follows the period of revocation 15 imposed under AS 28.15.181(c)(1), a person may only obtain limited license 16 privileges. The court revoking the license and privileges may grant limited license 17 privileges necessary to enable the person to earn a livelihood without excessive risk or 18 danger to the public. If the court grants limited license privileges, the court shall 19 require that the person only operate a vehicle that is equipped with a properly 20 functioning ignition interlock device and shall issue to the person a certificate valid for 21 the duration of the probation. The person who has received limited license privileges 22 under this subsection shall comply with AS 28.20 relating to proof of financial 23 responsibility. Upon successful completion of probation, the person may apply for a 24 new license under AS 28.15.211. 25 * Sec. 16. AS 28.15.211(d) is amended to read: 26 (d) At the end of a period of revocation or limitation following a revocation, a 27 person whose driver's license has been revoked may apply to the department for the 28 issuance of a new license, but shall submit to reexamination, pay all required fees 29 including a reinstatement fee, and, if the license was revoked under 30 AS 28.15.181(a)(5) or (8), submit proof to the court or the department that the 31 person has met the alcoholism screening, evaluation, referral, and program
01 requirements of the Department of Health and Social Services under 02 AS 28.35.030(h) [OF 03 (1) ENROLLMENT IN AND COMPLIANCE WITH OR 04 COMPLETION OF AN ALCOHOLISM EDUCATION AND REHABILITATION 05 TREATMENT PROGRAM APPROVED UNDER AS 47.37 IF THE PERSON WAS 06 SENTENCED UNDER AS 28.15.181(c)(1); OR 07 (2) COMPLETION OF AND PAYMENT FOR AN ALCOHOLISM 08 EDUCATION AND REHABILITATION TREATMENT PROGRAM APPROVED 09 UNDER AS 47.37 IF THE PERSON WAS CONVICTED UNDER 10 AS 28.15.181(c)(2) - (4)]. 11 * Sec. 17. AS 28.15.271(b) is amended to read: 12 (b) In addition to the fees under (a) of this section, 13 (1) a person who renews a driver's license by mail shall pay a fee of 14 $1; 15 (2) a person who applies for a limited driver's license under 16 AS 28.15.201 shall pay a fee of $100; and 17 (3) a person who applies for reinstatement of a driver's license under 18 AS 28.15.211 shall pay a fee of 19 (A) $100 if the person's driver's license has, within the 10 years 20 preceding the application, been suspended, revoked, or limited under the 21 provisions of this chapter, except as provided by (C) of this paragraph, only 22 once; [OR] 23 (B) $250 if the person's driver's license has, within the 10 years 24 preceding the application, been suspended, revoked, or limited under the 25 provisions of this chapter, except as provided by (D) of this paragraph, two 26 or more times; 27 (C) $200 if the person's driver's license has, within the 10 28 years preceding the application, been revoked under AS 28.35.030 only 29 once; or 30 (D) $500 if the person's driver's license has, within the 10 31 years preceding the application, been revoked under AS 28.35.030 two or
01 more times. 02 * Sec. 18. AS 28.15.281 is amended by adding a new subsection to read: 03 (c) A person who violates (b) of this section by knowingly allowing a person 04 who is not validly licensed as a result of a conviction under AS 28.35.030(n) to drive a 05 motor vehicle is, upon conviction, guilty of a class A misdemeanor, and the court shall 06 (1) revoke the person's driver's license, privilege to drive, or privilege 07 to obtain a license for 30 days; 08 (2) impose a minimum fine of $1,000; and 09 (3) if the person has been previously convicted under this section, 10 require the person to complete an alcoholism program required under 11 AS 28.35.030(h). 12 * Sec. 19. AS 28.15.291(b) is amended to read: 13 (b) Upon conviction under (a) of this section, the court 14 (1) shall impose a minimum sentence of imprisonment 15 (A) if the person has not been previously convicted, of not less 16 than 10 days with 10 days suspended, including a mandatory condition of 17 probation that the defendant complete not less than 80 hours of community 18 work service; 19 (B) if the person has been previously convicted, of not less than 20 10 days; 21 (C) if the person's driver's license, privilege to drive, or 22 privilege to obtain a license was revoked under circumstances described in 23 AS 28.15.181(c)(1) or (2) [AS 28.15.181(c)(1),] or if the person was driving in 24 violation of a limited license issued under AS 28.15.201(d) or (e) following 25 that revocation, of not less than 20 days with 10 days suspended, and a fine of 26 not less than $500, including a mandatory condition of probation that the 27 defendant complete not less than 80 hours of community work service; 28 (D) if the person's driver's license, privilege to drive, or 29 privilege to obtain a license was revoked under circumstances described in 30 AS 28.15.181(c)(3), (4), or (5) [AS 28.15.181(c)(2), (3), OR (4)] or if the 31 person was driving in violation of a limited license issued under
01 AS 28.15.201(d) following that revocation, of not less than 30 days and a fine 02 of not less than $1,000; 03 (2) may impose additional conditions of probation; 04 (3) may not 05 (A) suspend execution of sentence or grant probation except on 06 condition that the person serve a minimum term of imprisonment and perform 07 required community work service as provided in (1) of this subsection; 08 (B) suspend imposition of sentence; and 09 (4) shall revoke the person's license, privilege to drive, or privilege to 10 obtain a license, and the person may not be issued a new license or a limited license 11 nor may the privilege to drive or obtain a license be restored for an additional period 12 of not less than 90 days after the date that the person would have been entitled to 13 restoration of driving privileges. 14 * Sec. 20. AS 28.33.030 is amended to read: 15 Sec. 28.33.030. Operating a commercial motor vehicle while under the 16 influence of an alcoholic beverage or controlled substance [INTOXICATED]. (a) 17 A person commits the crime of operating a commercial motor vehicle while under the 18 influence of an alcoholic beverage or controlled substance [INTOXICATED] if the 19 person operates a commercial motor vehicle 20 (1) while under the influence of an alcoholic beverage 21 [INTOXICATING LIQUOR] or any controlled substance; 22 (2) when, as determined by a chemical test taken within four hours 23 after the alleged offense was committed, there is 0.04 percent or more by weight of 24 alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of 25 blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's 26 breath; or 27 (3) while under the combined influence of an alcoholic beverage 28 [INTOXICATING LIQUOR] and a controlled substance. 29 (b) Operating a commercial motor vehicle while under the influence of an 30 alcoholic beverage or controlled substance [INTOXICATED] is a class A 31 misdemeanor.
01 (c) The sentencing of a person convicted under this section shall be in 02 accordance with the minimum periods of imprisonment, fines, rehabilitative treatment, 03 and other provisions of AS 28.35.030, as if the person had been convicted of a 04 violation of AS 28.35.030. For purposes of sentencing, convictions for operating a 05 commercial motor vehicle while under the influence of an alcoholic beverage or 06 controlled substance [INTOXICATED] under this section, and for refusal to submit 07 to a chemical test under AS 28.33.032, if arising out of a single transaction, are 08 considered one previous conviction. 09 * Sec. 21. AS 28.33.031(a) is amended to read: 10 (a) A person who operates a commercial motor vehicle in this state is 11 considered to have given consent to a chemical test or tests 12 (1) of the person's breath if lawfully arrested for an offense arising out 13 of acts alleged to have been committed when the person was operating the commercial 14 motor vehicle while under the influence of an alcoholic beverage or controlled 15 substance [INTOXICATED]; the test or tests may be administered at the direction of 16 a law enforcement officer who has probable cause [REASONABLE GROUNDS] to 17 believe that the person was operating a commercial motor vehicle while under the 18 influence of an alcoholic beverage or controlled substance [INTOXICATED] in 19 violation of AS 28.33.030 or AS 28.35.030; 20 (2) of the person's breath and blood for the purpose of determining the 21 alcoholic content of the person's breath and blood and is considered to have given 22 consent to a chemical test or tests of the person's blood and urine for the purpose of 23 determining the presence of controlled substances in the person's blood and urine if 24 the person is involved in a motor vehicle accident that causes death or serious physical 25 injury to another person; the test or tests may be administered at the direction of a law 26 enforcement officer who has probable cause [REASONABLE GROUNDS] to 27 believe that the person was operating a commercial motor vehicle that was involved in 28 an accident causing death or serious physical injury to another person. 29 * Sec. 22. AS 28.33.031(c) is amended to read: 30 (c) A person who operates a commercial motor vehicle is considered to have 31 given consent to a preliminary breath test, at the direction of a law enforcement
01 officer, for the purpose of determining the alcoholic content of the person's blood or 02 breath. A law enforcement officer may administer a preliminary breath test if the 03 officer has probable cause [REASONABLE GROUNDS] to believe that the person's 04 ability to operate a commercial motor vehicle is impaired by the ingestion of alcoholic 05 beverages and that 06 (1) the commercial motor vehicle caused injury to person or property; 07 (2) the person violated the provisions of AS 28.33.130(a) or violated 08 the terms of an out-of-service order issued under AS 28.33.130; or 09 (3) the person unlawfully operated a commercial motor vehicle; in this 10 paragraph, "unlawfully" means in violation of any federal, state, or municipal statute, 11 regulation, or ordinance. 12 * Sec. 23. AS 28.33.033(a) is amended to read: 13 (a) Upon the trial of a civil or criminal action or proceedings arising out of 14 acts alleged to have been committed by a person operating a commercial motor 15 vehicle while under the influence of an alcoholic beverage [INTOXICATED] in 16 violation of AS 28.33.030, the following rules apply with regard to the amount of 17 alcohol in the person's blood or breath at the time alleged: 18 (1) if there was less than 0.04 percent by weight of alcohol in the 19 person's blood, or less than 40 milligrams of alcohol per 100 milliliters of the person's 20 blood, or less than 0.04 grams of alcohol per 210 liters of the person's breath, that fact 21 does not give rise to a presumption that the person was or was not under the influence 22 of an alcoholic beverage [INTOXICATING LIQUOR], but that fact may be 23 considered with other competent evidence in determining whether the person was 24 under the influence of an alcoholic beverage [INTOXICATING LIQUOR]; 25 (2) if there was 0.04 percent or more by weight of alcohol in the 26 person's blood, or 40 milligrams or more of alcohol per 100 milliliters of the person's 27 blood, or 0.04 grams or more of alcohol per 210 liters of the person's breath, it is 28 presumed that the person was under the influence of an alcoholic beverage 29 [INTOXICATING LIQUOR]. 30 * Sec. 24. AS 28.33.033(c) is amended to read: 31 (c) The provisions of (a) of this section may not be construed to limit the
01 introduction of any other competent evidence bearing upon the question of whether 02 the person was or was not under the influence of an alcoholic beverage 03 [INTOXICATING LIQUOR]. 04 * Sec. 25. AS 28.33.140(a) is amended to read: 05 (a) In addition to the court action provided in AS 28.15.181, conviction of any 06 of the following offenses is grounds for immediate disqualification from driving a 07 commercial motor vehicle for the periods set out in this section: 08 (1) operating a commercial motor vehicle while under the influence 09 of an alcoholic beverage or controlled substance [INTOXICATED] in violation of 10 AS 28.33.030; 11 (2) refusal to submit to a chemical test in violation of AS 28.35.032; 12 (3) operating a motor vehicle while under the influence of an 13 alcoholic beverage or controlled substance [INTOXICATED] in violation of 14 AS 28.35.030; 15 (4) leaving the scene of an accident in violation of AS 28.35.060, or 16 failing to file, or providing false information in, an accident report in violation of 17 AS 28.35.110; 18 (5) a felony under state or federal law, which was facilitated because 19 the person used a commercial motor vehicle; 20 (6) a serious traffic violation; or 21 (7) driving after being placed out of service in violation of regulations 22 adopted under AS 28.05.011. 23 * Sec. 26. AS 28.35.030(a) is amended to read: 24 (a) A person commits the crime of driving while under the influence of an 25 alcoholic beverage or controlled substance [INTOXICATED] if the person operates 26 or drives a motor vehicle or operates an aircraft or a watercraft 27 (1) while under the influence of an alcoholic beverage, intoxicating 28 liquor, or any controlled substance; 29 (2) when, as determined by a chemical test taken within four hours 30 after the alleged offense was committed, there is 0.08 [0.10] percent or more by 31 weight of alcohol in the person's blood or 80 [100] milligrams or more of alcohol per
01 100 milliliters of blood, or when there is 0.08 [0.10] grams or more of alcohol per 210 02 liters of the person's breath; or 03 (3) while the person is under the combined influence of an alcoholic 04 beverage, an intoxicating liquor, and a controlled substance. 05 * Sec. 27. AS 28.35.030(b) is amended to read: 06 (b) Except as provided under (n) of this section, driving while under the 07 influence of an alcoholic beverage or controlled substance [INTOXICATED] is a 08 class A misdemeanor. Upon conviction, 09 (1) the court shall impose a minimum sentence of imprisonment of 10 (A) not less than 72 consecutive hours and a fine of not less 11 than $500 [$250] if the person has not been previously convicted, except that 12 if 13 (i) there were no aggravating circumstances 14 associated with the acts upon which the conviction is based and, as 15 determined by a chemical test taken within four hours after the 16 alleged offense was committed, there is 0.08 percent but not more 17 than 0.1 percent by weight of alcohol in the person's blood or 80 18 milligrams but not more than 100 milligrams of alcohol per 100 19 milliliters of blood, or when there is 0.08 grams but not more than 20 0.10 grams of alcohol per 210 liters of the person's breath, the 21 court shall suspend the execution of the sentence of imprisonment 22 upon the condition that the person successfully completes one year 23 of probation during which the person does not commit an alcohol- 24 related offense or a traffic offense, the person successfully 25 completes the program requirements imposed under (h) of this 26 section, the person pays the cost of treatment required under (h) of 27 this section, the person performs three days of community service, 28 and the person pays the fine imposed by the court under this 29 subparagraph; upon determination by the court that the person 30 has satisfied the terms of probation, the court shall discharge the 31 defendant; however, if the court determines that the terms of
01 probation have not been satisfied within one year from the date on 02 which the terms were set by the court, the court shall require the 03 execution of the sentence of imprisonment determined under this 04 subparagraph; 05 (ii) the person had, as determined by a chemical test 06 taken within four hours after the alleged offense was committed, 07 more than 0.10 percent by weight of alcohol in the person's blood 08 or more than 100 milligrams of alcohol per 100 milliliters of blood, 09 or when there are more than 0.10 grams of alcohol per 210 liters of 10 the person's breath, the court shall impose a fine of $1,500; 11 (B) not less than 30 days, or not less than 20 days if the 12 person performs 10 days of community service, and a fine of not less than 13 $3,000 [$500] if the person has been previously convicted once; 14 [(C) NOT LESS THAN 60 DAYS AND A FINE OF NOT 15 LESS THAN $1,000 IF THE PERSON HAS BEEN PREVIOUSLY 16 CONVICTED TWICE AND IS NOT SUBJECT TO PUNISHMENT UNDER 17 (n) OF THIS SECTION; 18 (D) NOT LESS THAN 120 DAYS AND A FINE OF NOT 19 LESS THAN $2,000 IF THE PERSON HAS BEEN PREVIOUSLY 20 CONVICTED THREE TIMES AND IS NOT SUBJECT TO PUNISHMENT 21 UNDER (n) OF THIS SECTION; 22 (E) NOT LESS THAN 240 DAYS AND A FINE OF NOT 23 LESS THAN $3,000 IF THE PERSON HAS BEEN PREVIOUSLY 24 CONVICTED FOUR TIMES AND IS NOT SUBJECT TO PUNISHMENT 25 UNDER (n) OF THIS SECTION; 26 (F) NOT LESS THAN 360 DAYS AND A FINE OF NOT 27 LESS THAN $4,000 IF THE PERSON HAS BEEN PREVIOUSLY 28 CONVICTED MORE THAN FOUR TIMES AND IS NOT SUBJECT TO 29 PUNISHMENT UNDER (n) OF THIS SECTION;] 30 (2) the court may not, except as provided under (1)(A)(i) of this 31 subsection,
01 (A) suspend execution of sentence or grant probation except on 02 condition that the person serve the minimum imprisonment under (1) of this 03 subsection; 04 (B) suspend imposition of sentence; 05 (3) the court shall revoke the person's driver's license, privilege to 06 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 07 vehicle or aircraft that was used in commission of the offense to be forfeited under 08 AS 28.35.036. 09 * Sec. 28. AS 28.35.030(d) is amended to read: 10 (d) Except as prohibited by federal law or regulation, every provider of 11 treatment programs to which persons are ordered under [(h) OF] this section shall 12 supply the judge, prosecutor, defendant, and an agency involved in the 13 defendant's treatment with information and reports concerning the defendant's 14 past and present assessment, treatment, and progress [ALASKA COURT 15 SYSTEM WITH THE INFORMATION REGARDING THE CONDITION AND 16 TREATMENT OF THOSE PERSONS AS THE SUPREME COURT MAY 17 REQUIRE BY RULE]. Information compiled under this subsection is confidential 18 and may only be used in connection with court proceedings involving the 19 defendant or the defendant's treatment [BY A COURT IN SENTENCING A 20 PERSON CONVICTED UNDER THIS SECTION, OR BY AN OFFICER OF THE 21 COURT IN PREPARING A PRESENTENCE REPORT FOR THE USE OF THE 22 COURT IN SENTENCING A PERSON CONVICTED UNDER THIS SECTION]. 23 * Sec. 29. AS 28.35.030(h) is amended to read: 24 (h) The court shall order a person convicted under this section to satisfy the 25 screening, evaluation, referral, and program requirements of an alcohol safety action 26 program if such a program is available in the community where the person resides, or 27 a private or public treatment facility approved by the division of alcoholism and drug 28 abuse, of the Department of Health and Social Services, under AS 47.37 to make 29 referrals for rehabilitative treatment or to provide rehabilitative treatment. The 30 Department of Health and Social Services shall, by regulation, establish 31 standards for clinically appropriate treatment required under this subsection.
01 The treatment standards established under this subsection must include 02 compliance with alcohol or drug treatment, anger management, counseling, 03 parent training, and domestic violence prevention. If a person is convicted under 04 (n) of this section, the court shall order the person to be evaluated as required by this 05 subsection before the court imposes sentence for the offense. Treatment required 06 under this subsection shall occur, as much as possible, when the person is 07 incarcerated. The cost of treatment required under this subsection shall be paid 08 to the state by the person being treated. The cost of treatment required to be 09 paid to the state under this subsection may not exceed $2,000. Upon the person's 10 conviction, the court shall include reimbursement of the cost of treatment as a 11 part of the sentence. Except for reimbursement from a permanent fund dividend 12 as provided in this subsection, payment of the cost of treatment is not required if 13 the court determines the person is indigent. For costs of treatment that are not 14 paid by the person as required by this subsection, the state shall seek 15 reimbursement from the person's permanent fund dividend as provided in 16 AS 43.23.065. In this subsection, "cost of treatment" does not include costs 17 incurred as a result of treatment not required under the treatment standards 18 established under this subsection. 19 * Sec. 30. AS 28.35.030(k) is amended to read: 20 (k) Imprisonment required under (b)(1)(A) or (B) of this section shall be 21 served at a community residential center or, if a community residential center is not 22 available, at another appropriate place determined by the commissioner of corrections. 23 The cost of imprisonment resulting from the sentence imposed under (b)(1) of this 24 section shall be paid to the state by the person being sentenced provided, however, that 25 the cost of imprisonment required to be paid under this subsection may not exceed 26 $2,000 [$1,000]. Upon the person's conviction, the court shall include the costs of 27 imprisonment as a part of the judgment of conviction. Except for reimbursement from 28 a permanent fund dividend as provided in this subsection, payment of the cost of 29 imprisonment is not required if the court determines the person is indigent. For costs 30 of imprisonment that are not paid by the person as required by this subsection, the 31 state shall seek reimbursement from the person's permanent fund dividend as provided
01 under AS 43.23.065. While at the community residential center or other appropriate 02 place, a person sentenced under (b)(1)(A) of this section shall perform at least 24 03 hours of community service work, and a person sentenced under (b)(1)(B) of this 04 section shall perform at least 160 hours of community service work, as required by the 05 director of the community residential center or other appropriate place. In this 06 subsection, "appropriate place" means a facility with 24-hour on-site staff supervision 07 that is specifically adapted to provide a residence, and includes a correctional center, 08 [RESIDENTIAL TREATMENT FACILITY, HOSPITAL,] halfway house, group 09 home, work farm, work camp, or other place that provides varying levels of 10 restriction; "appropriate place" does not mean a residential treatment facility or a 11 hospital. 12 * Sec. 31. AS 28.35.030(n) is amended to read: 13 (n) A person is guilty of a class C felony if the person is convicted under (a) 14 of this section [OF DRIVING WHILE INTOXICATED] and has been previously 15 convicted two or more times since January 1, 1996, and within the 10 [FIVE] years 16 preceding the date of the present offense. For purposes of determining minimum 17 sentences based on previous convictions, the provisions of (o)(4) of this section apply. 18 Upon conviction, the court 19 (1) shall impose a fine of not less than $10,000 [$5,000] and a 20 minimum sentence of imprisonment of not less than 21 (A) 240 [120] days if the person has been previously convicted 22 twice; 23 (B) 480 [240] days if the person has been previously convicted 24 three times; 25 (C) two years [360 DAYS] if the person has been previously 26 convicted four or more times; 27 (2) may not 28 (A) suspend execution of sentence or grant probation except on 29 condition that the person serve the minimum imprisonment under (1) of this 30 subsection; or 31 (B) suspend imposition of sentence;
01 (3) shall permanently revoke the person's driver's license, privilege to 02 drive, or privilege to obtain a license subject to restoration of the license under (p) 03 of this section [UNDER AS 28.15.181(c)]; 04 (4) may order as a condition of probation or parole that the person take 05 a drug or combination of drugs, intended to prevent the consumption of an alcoholic 06 beverage; a condition of probation imposed under this paragraph is in addition to any 07 other condition authorized under another provision of law; [AND] 08 (5) shall [MAY] also order forfeiture under AS 28.35.036 of the 09 vehicle, watercraft, or aircraft used in the commission of the offense, subject to 10 remission under AS 28.35.037; and 11 (6) shall order the department to revoke the registration for any 12 vehicle registered by the department in the name of the person convicted under 13 this subsection; if a person convicted under this subsection is a registered co- 14 owner of a vehicle, the department shall reissue the vehicle registration and omit 15 the name of the person convicted under this subsection. 16 * Sec. 32. AS 28.35.030(o) is amended to read: 17 (o) In this section, 18 (1) REPEALED 19 (2) "operate an aircraft" means to [USE,] navigate, pilot, or taxi an 20 aircraft in the airspace over this state, or upon the land or water inside this state; 21 (3) "operate a watercraft" means to navigate [OR USE] a vessel used 22 or capable of being used as a means of transportation on water for recreational or 23 commercial purposes on all waters, fresh or salt, inland or coastal, inside the territorial 24 limits or under the jurisdiction of the state; 25 (4) "previously convicted" means having been convicted in this or 26 another jurisdiction, [WITHIN 10 YEARS PRECEDING THE DATE OF THE 27 PRESENT OFFENSE,] of any of the following offenses; however, convictions for any 28 of these offenses, if arising out of a single transaction and a single arrest, are 29 considered one previous conviction: 30 (A) operating a motor vehicle, aircraft, or watercraft while 31 under the influence of an alcoholic beverage or controlled substance
01 [INTOXICATED,] in violation of this section or in violation of another law or 02 ordinance with similar elements, except that the other law or ordinance may 03 provide for a lower level of alcohol in the person's blood or breath than 04 imposed under (a)(2) of this section; 05 (B) refusal to submit to a chemical test in violation of 06 AS 28.35.032 or in violation of another law or ordinance with similar 07 elements; or 08 (C) operating a commercial motor vehicle while under the 09 influence of an alcoholic beverage or controlled substance 10 [INTOXICATED] in violation of AS 28.33.030 or in violation of another law 11 or ordinance with similar elements, except that the other law or ordinance may 12 provide for a lower level of alcohol in the person's blood or breath than 13 imposed under AS 28.33.030(a)(2). 14 * Sec. 33. AS 28.35.030 is amended by adding new subsections to read: 15 (p) Upon request, the department shall review a driver's license revocation 16 imposed under (n)(3) of this section and shall restore the driver's license if 17 (1) the license has been revoked for a period of at least 10 years; 18 (2) the person has not been convicted of a criminal offense since the 19 license was revoked; and 20 (3) the person provides proof of financial responsibility. 21 (q) A person who fails to satisfy alcoholism treatment requirements imposed 22 by the court or an authorized agency under (h) of this section is not eligible for good 23 time deductions credited under AS 33.20. 24 (r) If a person is convicted under this section and has been previously 25 convicted, the court shall order the person to surrender the registration plates for any 26 vehicle registered or co-registered in the person's name. The person shall surrender 27 the registration plates to the department by the close of the next business day. A 28 person other than the person convicted under this section who applies to register a 29 motor vehicle that has registration plates that were required to be surrendered under 30 this section but that were not surrendered as required by this subsection may not 31 register the vehicle unless the person registering the vehicle provides proof
01 satisfactory to the department that the person did not know that the registration plates 02 were required to be surrendered under this subsection or the person pays twice the 03 applicable registration fee required under AS 28.10.421. 04 * Sec. 34. AS 28.35.031(a) is amended to read: 05 (a) A person who operates or drives a motor vehicle in this state or who 06 operates an aircraft as defined in AS 28.35.030(o) [AS 28.35.030(o)(2)] or who 07 operates a watercraft as defined in AS 28.35.030(o) [AS 28.35.030(o)(3)] shall be 08 considered to have given consent to a chemical test or tests of the person's breath for 09 the purpose of determining the alcoholic content of the person's blood or breath if 10 lawfully arrested for an offense arising out of acts alleged to have been committed 11 while the person was operating or driving a motor vehicle or operating an aircraft or a 12 watercraft while under the influence of an alcoholic beverage or controlled 13 substance [INTOXICATED] or if lawfully arrested under AS 28.35.280 for the 14 offense of minor operating a vehicle after consuming alcohol. The test or tests shall 15 be administered at the direction of a law enforcement officer who has probable cause 16 [REASONABLE GROUNDS] to believe that the person was operating or driving a 17 motor vehicle or operating an aircraft or a watercraft in this state while under the 18 influence of an alcoholic beverage or controlled substance [INTOXICATED] or 19 that the person was a minor operating a vehicle after consuming alcohol. 20 * Sec. 35. AS 28.35.031(b) is amended to read: 21 (b) A person who operates or drives a motor vehicle in this state or who 22 operates an aircraft or watercraft shall be considered to have given consent to a 23 preliminary breath test for the purpose of determining the alcoholic content of the 24 person's blood or breath. A law enforcement officer may administer a preliminary 25 breath test at the scene of the incident if the officer has probable cause 26 [REASONABLE GROUNDS] to believe that a person's ability to operate a motor 27 vehicle, aircraft, or watercraft is impaired by the ingestion of alcoholic beverages and 28 that the person 29 (1) was operating or driving a motor vehicle, aircraft, or watercraft that 30 is involved in an accident; 31 (2) committed a moving traffic violation or unlawfully operated an
01 aircraft or watercraft; in this paragraph, "unlawfully" means in violation of any 02 federal, state, or municipal statute, regulation, or ordinance, except for violations that 03 do not provide reason to believe that the operator's ability to operate the aircraft or 04 watercraft was impaired by the ingestion of alcoholic beverages; or 05 (3) was operating or driving a motor vehicle in violation of 06 AS 28.35.029(a). 07 * Sec. 36. AS 28.35.031(g) is amended to read: 08 (g) A person who operates or drives a motor vehicle in this state shall be 09 considered to have given consent to a chemical test or tests of the person's breath and 10 blood for the purpose of determining the alcoholic content of the person's breath and 11 blood and shall be considered to have given consent to a chemical test or tests of the 12 person's blood and urine for the purpose of determining the presence of controlled 13 substances in the person's blood and urine if the person is involved in a motor vehicle 14 accident that causes death or serious physical injury to another person. The test or 15 tests may be administered at the direction of a law enforcement officer who has 16 probable cause [REASONABLE GROUNDS] to believe that the person was 17 operating or driving a motor vehicle in this state that was involved in an accident 18 causing death or serious physical injury to another person. 19 * Sec. 37. AS 28.35.031 is amended by adding a new subsection to read: 20 (h) Nothing in this section shall be construed to restrict searches or seizures 21 under a warrant issued by a judicial officer. 22 * Sec. 38. AS 28.35.032(a) is amended to read: 23 (a) If a person under arrest for operating a motor vehicle or aircraft while 24 under the influence of an alcoholic beverage or controlled substance 25 [INTOXICATED] refuses the request of a law enforcement officer to submit to a 26 chemical test authorized under AS 28.33.031(a)(1) or AS 28.35.031(a), or if a person 27 involved in a motor vehicle accident that causes death or serious physical injury to 28 another person refuses the request of a law enforcement officer to submit to a 29 chemical test authorized under AS 28.33.031(a)(2) or AS 28.35.031(g), after being 30 advised by the officer that the refusal will result in the denial or revocation of the 31 driver's license, privilege to drive, or privilege to obtain a license, that the refusal may
01 be used against the person in a civil or criminal action or proceeding arising out of an 02 act alleged to have been committed by the person while operating a motor vehicle or 03 aircraft while under the influence of an alcoholic beverage or controlled substance 04 [INTOXICATED], and that the refusal is a crime, a chemical test may not be given, 05 except as provided by AS 28.35.035. If a person under arrest for operating a watercraft 06 while under the influence of an alcoholic beverage or controlled substance 07 [INTOXICATED] refuses the request of a law enforcement officer to submit to a 08 chemical test authorized under AS 28.35.031(a), after being advised by the officer that 09 the refusal may be used against the person in a civil or criminal action or proceeding 10 arising out of an act alleged to have been committed by the person while operating a 11 watercraft while under the influence of an alcoholic beverage or controlled 12 substance [INTOXICATED], and that the refusal is a crime, a chemical test may not 13 be given, except as provided by AS 28.35.035. 14 * Sec. 39. AS 28.35.032(e) is amended to read: 15 (e) The refusal of a person to submit to a chemical test authorized under 16 AS 28.33.031(a) or AS 28.35.031(a) or (g) is admissible evidence in a civil or criminal 17 action or proceeding arising out of an act alleged to have been committed by the 18 person while operating or driving a motor vehicle or operating an aircraft or watercraft 19 while under the influence of an alcoholic beverage or controlled substance 20 [INTOXICATED]. 21 * Sec. 40. AS 28.35.032(j) is amended to read: 22 (j) For purposes of this section, convictions for operating or driving while 23 under the influence of an alcoholic beverage or controlled substance 24 [INTOXICATED] under AS 28.33.030 or AS 28.35.030 and for refusal to submit to a 25 chemical test under this section, if arising out of a single transaction and a single 26 arrest, are considered one previous conviction. 27 * Sec. 41. AS 28.35.033(a) is amended to read: 28 (a) Upon the trial of a civil or criminal action or proceeding arising out of acts 29 alleged to have been committed by a person while operating or driving a motor vehicle 30 or operating an aircraft or a watercraft while under the influence of an alcoholic 31 beverage or controlled substance [INTOXICATED], the amount of alcohol in the
01 person's blood or breath at the time alleged shall give rise to the following 02 presumptions: 03 (1) If there was 0.04 [0.05] percent or less by weight of alcohol in the 04 person's blood, or 40 [50] milligrams or less of alcohol per 100 milliliters of the 05 person's blood, or 0.04 [0.05] grams or less of alcohol per 210 liters of the person's 06 breath, it shall be presumed that the person was not under the influence of an 07 alcoholic beverage [INTOXICATING LIQUOR]. 08 (2) If there was in excess of 0.04 [0.05] percent but less than 0.08 09 [0.10] percent by weight of alcohol in the person's blood, or in excess of 40 [50] but 10 less than 80 [100] milligrams of alcohol per 100 milliliters of the person's blood, or in 11 excess of 0.04 [0.05] grams but less than 0.08 [0.10] grams of alcohol per 210 liters of 12 the person's breath, that fact does not give rise to any presumption that the person was 13 or was not under the influence of an alcoholic beverage [INTOXICATING 14 LIQUOR], but that fact may be considered with other competent evidence in 15 determining whether the person was under the influence of an alcoholic beverage 16 [INTOXICATING LIQUOR]. 17 (3) [REPEALED 18 (4)] If there was 0.08 [0.10] percent or more by weight of alcohol in 19 the person's blood, or 80 [100] milligrams or more of alcohol per 100 milliliters of the 20 person's blood, or 0.08 [0.10] grams or more of alcohol per 210 liters of the person's 21 breath, it shall be presumed that the person was under the influence of an alcoholic 22 beverage [INTOXICATING LIQUOR]. 23 * Sec. 42. AS 28.35.033(e) is amended to read: 24 (e) The person tested may have a physician, or a qualified technician, chemist, 25 registered nurse, or other qualified person of the person's own choosing administer a 26 chemical test in addition to the test administered at the direction of a law enforcement 27 officer. The failure or inability to obtain an additional test by a person does not 28 preclude the admission of evidence relating to the test taken at the direction of a law 29 enforcement officer; the fact that the person under arrest sought to obtain such an 30 additional test, and failed or was unable so to do, is likewise admissible in evidence. 31 The person who administers the chemical test shall clearly and expressly inform
01 the person tested of that person's right to an independent test described under 02 this subsection, and, if the person being tested requests an independent test, the 03 department shall make reasonable and good-faith efforts to assist the person 04 being tested in contacting a person qualified to perform an independent chemical 05 test of the person's breath or blood. 06 * Sec. 43. 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 under the influence of an alcoholic beverage or controlled substance 10 [INTOXICATED], and that arrest results from an accident that causes death or 11 physical injury to another person, a chemical test may be administered without the 12 consent of the person arrested to determine the amount of alcohol in that person's 13 breath or blood or to determine the presence of controlled substances in that person's 14 blood and urine. 15 * Sec. 44. AS 28.35.035(c) is amended to read: 16 (c) If a chemical test is administered to a person under (a), [OR] (b), or (d) of 17 this section, that person is not subject to the penalties for refusal to submit to a 18 chemical test provided by AS 28.35.032. 19 * Sec. 45. AS 28.35.035 is amended by adding a new subsection to read: 20 (d) If a person is under arrest for operating a motor vehicle, aircraft, or 21 watercraft while intoxicated and exigent circumstances preclude the administration of 22 a chemical test of the person's breath under AS 28.33.031(a) or AS 28.35.031(a), a 23 chemical test may be administered without the consent of the person arrested for the 24 purpose of determining the amount of alcohol in that person's blood or to determine 25 the presence of a controlled substance in the person's blood or urine. 26 * Sec. 46. AS 28.35.036(a) is amended to read: 27 (a) After conviction of an offense under AS 28.35.030 or 28.35.032, the state 28 shall [MAY] move the court to order the forfeiture of the motor vehicle [,] or aircraft 29 involved in the commission of the offense if the convicted person has been previously 30 convicted in this or another jurisdiction [OF MORE THAN ONE OF THE 31 FOLLOWING OFFENSES] or has [MORE THAN ONCE] been previously convicted
01 of one of the following offenses: 02 (1) driving while under the influence of an alcoholic beverage or 03 controlled substance [INTOXICATED] under AS 28.35.030 or another law or 04 ordinance with substantially similar elements; or 05 (2) refusal to submit to a chemical test under AS 28.35.032 or another 06 law or ordinance with substantially similar elements. 07 * Sec. 47. AS 28.35 is amended by adding a new section to read: 08 Article 7. Alaska Repeat Offender Status System. 09 Sec. 28.35.300. Alaska driving while under the influence offenders status 10 system. The department shall establish and maintain a database of persons who are 11 convicted under AS 28.35.030(n). The database shall be accessible to the public for 12 the purpose of determining if a person is prohibited by law from registering a vehicle. 13 * Sec. 48. AS 28.40.100(a) is amended by adding new paragraphs to read: 14 (26) "controlled substance" includes a hazardous volatile material or 15 substance that has been knowingly smelled or inhaled; 16 (27) "hazardous volatile material or substance" has the meaning given 17 in AS 47.37.270. 18 * Sec. 49. AS 47.37.040(14) is amended to read: 19 (14) cooperate with the Department of Public Safety and the 20 Department of Transportation and Public Facilities in establishing and conducting 21 programs designed to deal with the problem of persons operating motor vehicles while 22 under the influence of an alcoholic beverage or controlled substance 23 [INTOXICATED OR UNDER THE INFLUENCE OF DRUGS], and develop and 24 approve alcohol information courses required to be taken by drivers under AS 28.15 or 25 made available to drivers to reduce points assessed for violation of traffic laws; 26 * Sec. 50. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 APPLICABILITY. (a) Section 6 of this Act applies to registration of a motor vehicle 29 that occurs on or after the effective date of this Act. 30 (b) This Act applies to offenses committed on or after the effective date of this Act, 31 except that references to previous convictions include convictions occurring before, on, or
01 after the effective date of this Act. 02 * Sec. 51. Section 47 of this Act takes effect July 1, 2002. 03 * Sec. 52. Except as provided in sec. 51 of this Act, this Act takes effect July 1, 2001.