HB 342: "An Act relating to driving while intoxicated; and providing for an effective date."
00 HOUSE BILL NO. 342 01 "An Act relating to driving while intoxicated; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28.35.030(b) is amended to read: 04 (b) Except as otherwise provided in [UNDER (n) OF] this section, driving 05 while under the influence of an alcoholic beverage, inhalant, or controlled substance is 06 a class A misdemeanor. A person convicted under this subsection is guilty of a 07 class A misdemeanor even though the person is required under (s) of this section 08 to pay a fine that exceeds the maximum fine for a class A misdemeanor. Except 09 as provided under (p) and (s) of this section, upon conviction, 10 (1) the court shall impose a minimum sentence of imprisonment of 11 (A) not less than 72 consecutive hours and a fine of not less 12 than $1,500 if the person has not been previously convicted; 13 (B) not less than 20 days and a fine of not less than $3,000 if 14 the person has been previously convicted once; 15 (C) not less than 60 days and a fine of not less than $4,000 if
01 the person has been previously convicted twice and is not subject to 02 punishment under (n) of this section; 03 (D) not less than 120 days and a fine of not less than $5,000 if 04 the person has been previously convicted three times and is not subject to 05 punishment under (n) of this section; 06 (E) not less than 240 days and a fine of not less than $6,000 if 07 the person has been previously convicted four times and is not subject to 08 punishment under (n) of this section; 09 (F) not less than 360 days and a fine of not less than $7,000 if 10 the person has been previously convicted more than four times and is not 11 subject to punishment under (n) of this section; 12 (2) the court may not 13 (A) suspend execution of sentence or grant probation except on 14 condition that the person serve the minimum imprisonment under (1) of this 15 subsection; 16 (B) suspend imposition of sentence; 17 (3) the court shall revoke the person's driver's license, privilege to 18 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 19 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 20 forfeited under AS 28.35.036; and 21 (4) the court may order that the person, while incarcerated or as a 22 condition of probation or parole, take a drug or combination of drugs intended to 23 prevent the consumption of an alcoholic beverage; a condition of probation or parole 24 imposed under this paragraph is in addition to any other condition authorized under 25 another provision of law. 26 * Sec. 2. AS 28.35.030(n) is amended to read: 27 (n) Except as otherwise provided in this section, a [A] person is guilty of a 28 class C felony if the person is convicted under (a) of this section and has been 29 previously convicted two or more times since January 1, 1996, and within the 10 years 30 preceding the date of the present offense. For purposes of determining minimum 31 sentences based on previous convictions, the provisions of (r)(4) of this section apply.
01 Subject to (s) of this section, upon [UPON] conviction, the court 02 (1) shall impose a fine of not less than $10,000 and a minimum 03 sentence of imprisonment of not less than 04 (A) 120 days if the person has been previously convicted twice; 05 (B) 240 days if the person has been previously convicted three 06 times; 07 (C) 360 days if the person has been previously convicted four 08 or more times; 09 (2) may not 10 (A) suspend execution of sentence or grant probation except on 11 condition that the person serve the minimum imprisonment under (1) of this 12 subsection; or 13 (B) suspend imposition of sentence; 14 (3) shall permanently revoke the person's driver's license, privilege to 15 drive, or privilege to obtain a license subject to restoration of the license under (o) of 16 this section; 17 (4) may order that the person, while incarcerated or as a condition of 18 probation or parole, take a drug or combination of drugs, intended to prevent the 19 consumption of an alcoholic beverage; a condition of probation or parole imposed 20 under this paragraph is in addition to any other condition authorized under another 21 provision of law; 22 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, 23 or aircraft used in the commission of the offense, subject to remission under 24 AS 28.35.037; and 25 (6) shall order the department to revoke the registration for any vehicle 26 registered by the department in the name of the person convicted under this 27 subsection; if a person convicted under this subsection is a registered co-owner of a 28 vehicle or is registered as a co-owner under a business name, the department shall 29 reissue the vehicle registration and omit the name of the person convicted under this 30 subsection. 31 * Sec. 3. AS 28.35.030 is amended by adding a new subsection to read:
01 (s) If a person is convicted under (a) of this section and it is determined by the 02 trier of fact that, as determined by a chemical test taken within four hours after the 03 offense was committed, 04 (1) there was at least 0.16 percent by weight of alcohol in the person's 05 blood but less than 0.24 percent by weight of alcohol in the person's blood or at least 06 160 milligrams of alcohol per 100 milliliters of blood, but less than 240 milligrams of 07 alcohol per 100 milliters of blood, or when there was at least 0.16 grams of alcohol per 08 210 liters of the person's breath, but less than 0.24 grams of alcohol per 210 liters of 09 the person's breath, the court shall double the fine imposed under (b)(1) or (n)(1) of 10 this section; 11 (2) there was 0.24 percent or more by weight of alcohol in the person's 12 blood or 240 milligrams or more of alcohol per 100 milliliters of blood, or when there 13 was 0.24 grams or more of alcohol per 210 liters of the person's breath, the court shall 14 quadruple the fine imposed under (b)(1) or (n)(1) of this section. 15 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. This Act applies only to acts committed on or after the effective 18 date of this Act. 19 * Sec. 5. This Act takes effect July 1, 2004.