CSHB 175(HES): "An Act relating to issuance of a limited driver's license; relating to driving while under the influence of an alcoholic beverage, inhalant, or controlled substance and refusal to take a chemical test for consumption of an alcoholic beverage, inhalant, or controlled substance; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 175(HES) 01 "An Act relating to issuance of a limited driver's license; relating to driving while under 02 the influence of an alcoholic beverage, inhalant, or controlled substance and refusal to 03 take a chemical test for consumption of an alcoholic beverage, inhalant, or controlled 04 substance; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 28.15.201(d) is amended to read: 07 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 08 a license under AS 28.15.181(c), or the department when revoking a driver's license, 09 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 10 limited license privileges [FOR THE FINAL 60 DAYS] during which the license is 11 revoked if 12 (1) the revocation was for a misdemeanor conviction under 13 AS 28.35.030(a) and not for a violation of AS 28.35.032; 14 (2) the person has not been previously convicted, or if the person has
01 been previously convicted, the person has successfully completed a court-ordered 02 treatment program under AS 28.35.030(p); in this paragraph, "previously 03 convicted" has the meaning given in AS 28.35.030 and also includes convictions 04 based on laws presuming that the person was under the influence of intoxicating liquor 05 if there was 0.08 percent or more by weight of alcohol in the person's blood; 06 (3) the court or the department determines that the person's ability to 07 earn a livelihood would be severely impaired without a limited license; 08 (4) the court or the department determines that a limitation under (a) of 09 this section can be placed on the license that will enable the person to earn a livelihood 10 without excessive danger to the public; and 11 (5) the court or the department determines that the person is enrolled in 12 and is in compliance with, or has successfully completed the alcoholism screening, 13 evaluation, referral, and program requirements of the Department of Health and Social 14 Services under AS 28.35.030(h). 15 * Sec. 2. AS 28.35.030(b) is amended to read: 16 (b) Except as provided under (n) of this section, driving while under the 17 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 18 misdemeanor. Except as provided under (p) of this section, upon conviction, the 19 court 20 (1) [THE COURT] shall impose a minimum sentence of imprisonment 21 of 22 (A) not less than 72 consecutive hours and a fine of not less 23 than $1,500 if the person has not been previously convicted; 24 (B) not less than 20 days and a fine of not less than $3,000 if 25 the person has been previously convicted once; 26 (C) not less than 60 days and a fine of not less than $4,000 if 27 the person has been previously convicted twice and is not subject to 28 punishment under (n) of this section; 29 (D) not less than 120 days and a fine of not less than $5,000 if 30 the person has been previously convicted three times and is not subject to 31 punishment under (n) of this section;
01 (E) not less than 240 days and a fine of not less than $6,000 if 02 the person has been previously convicted four times and is not subject to 03 punishment under (n) of this section; 04 (F) not less than 360 days and a fine of not less than $7,000 if 05 the person has been previously convicted more than four times and is not 06 subject to punishment under (n) of this section; 07 (2) [THE COURT] may not 08 (A) suspend execution of sentence or grant probation except on 09 condition that the person 10 (i) serve the minimum imprisonment under (1) of this 11 subsection; and 12 (ii) pay the minimum fine under (1) of this 13 subsection, except as provided in (g) and (p) of this section; 14 (B) suspend imposition of sentence; 15 (3) [THE COURT] shall revoke the person's driver's license, privilege 16 to drive, or privilege to obtain a license under AS 28.15.181, and may order that the 17 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 18 forfeited under AS 28.35.036; and 19 (4) [THE COURT] may order that the person, while incarcerated or as 20 a condition of probation or parole, take a drug or combination of drugs intended to 21 prevent the consumption of an alcoholic beverage; a condition of probation or parole 22 imposed under this paragraph is in addition to any other condition authorized under 23 another provision of law. 24 * Sec. 3. AS 28.35.030(n) is amended to read: 25 (n) A person is guilty of a class C felony if the person is convicted under (a) of 26 this section and has been previously convicted two or more times since January 1, 27 1996, and within the 10 years preceding the date of the present offense. For purposes 28 of determining minimum sentences based on previous convictions, the provisions of 29 (r)(4) of this section apply. Upon conviction, the court 30 (1) shall impose a fine of not less than $10,000 and a minimum 31 sentence of imprisonment of not less than
01 (A) 120 days if the person has been previously convicted twice; 02 (B) 240 days if the person has been previously convicted three 03 times; 04 (C) 360 days if the person has been previously convicted four 05 or more times; 06 (2) may not 07 (A) suspend execution of sentence or grant probation except on 08 condition that the person serve the minimum imprisonment under (1) of this 09 subsection and pay the minimum fine under (1) of this subsection; or 10 (B) suspend imposition of sentence; 11 (3) shall permanently revoke the person's driver's license, privilege to 12 drive, or privilege to obtain a license subject to restoration of the license under (o) of 13 this section; 14 (4) may order that the person, while incarcerated or as a condition of 15 probation or parole, take a drug or combination of drugs, intended to prevent the 16 consumption of an alcoholic beverage; a condition of probation or parole imposed 17 under this paragraph is in addition to any other condition authorized under another 18 provision of law; 19 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, 20 or aircraft used in the commission of the offense, subject to remission under 21 AS 28.35.037; and 22 (6) shall order the department to revoke the registration for any vehicle 23 registered by the department in the name of the person convicted under this 24 subsection; if a person convicted under this subsection is a registered co-owner of a 25 vehicle or is registered as a co-owner under a business name, the department shall 26 reissue the vehicle registration and omit the name of the person convicted under this 27 subsection. 28 * Sec. 4. AS 28.35.030(r)(4) is amended to read: 29 (4) "previously convicted" means having been convicted in this or 30 another jurisdiction within the 15 years preceding the date of the present offense of 31 any of the following offenses; however, convictions for any of these offenses, if
01 arising out of a single transaction and a single arrest, are considered one previous 02 conviction: 03 (A) operating a motor vehicle, aircraft, or watercraft in 04 violation of this section or in violation of another law or ordinance with similar 05 elements, except that the other law or ordinance may provide for a lower level 06 of alcohol in the person's blood or breath than imposed under (a)(2) of this 07 section; 08 (B) refusal to submit to a chemical test in violation of 09 AS 28.35.032 or in violation of another law or ordinance with similar 10 elements; or 11 (C) operating a commercial motor vehicle in violation of 12 AS 28.33.030 or in violation of another law or ordinance with similar 13 elements, except that the other law or ordinance may provide for a lower level 14 of alcohol in the person's blood or breath than imposed under 15 AS 28.33.030(a)(2). 16 * Sec. 5. The uncodified law of the State of Alaska enacted in sec. 1, ch. 64, SLA 2001, is 17 amended by adding a new subsection to read: 18 (q) Notwithstanding AS 28.15.201, the court may grant limited license 19 privileges to a defendant if the court determines that (1) the defendant's ability to earn 20 a livelihood, attend school or provide for family health would be impaired without a 21 limited license, and (2) there will not be excessive danger to the public. The court 22 may impose further conditions and restrictions to a limited license if the court 23 determines that the conditions and restrictions are necessary to ensure public safety 24 and to monitor the continuing sobriety of the defendant. The court shall immediately 25 revoke limited license privileges for any violation of any conditions or restrictions of 26 the limited license privileges. 27 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 APPLICABILITY. This Act applies to offenses that occur on or after the effective 30 date of this Act except that references to previous convictions include those occurring before 31 the effective date of this Act.