CSHB 342(JUD): "An Act relating to driving while under the influence, to alcohol-related offenses, to ignition interlock devices, and to the issuance of limited driver's licenses; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 342(JUD) 01 "An Act relating to driving while under the influence, to alcohol-related offenses, to 02 ignition interlock devices, and to the issuance of limited driver's licenses; and providing 03 for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.55.102 is amended to read: 06 Sec. 12.55.102. Alcohol-related [ALCOHOL RELATED] offenses. (a) The 07 court may order as a condition of probation or generally as part of a sentence that a 08 defendant convicted of an offense involving the use, consumption, or possession of an 09 alcoholic beverage may not operate a motor vehicle during the period of probation 10 unless the vehicle is equipped with a properly functioning, monitored, and maintained 11 ignition interlock device. A condition of probation or sentence imposed under this 12 subsection takes effect after any period of license revocation imposed under 13 AS 28.15.165(d) or 28.15.181(c). 14 (b) The court, in imposing probation or a condition of a sentence under (a) of
01 this section, may allow the defendant limited privileges to drive a motor vehicle 02 without an ignition interlock device if the court determines that the defendant is 03 required as a condition of employment to drive a motor vehicle owned or leased by the 04 defendant's employer and that the defendant's driving will not create substantial 05 danger. If the court imposes probation described by this subsection, the court shall 06 require the defendant to notify the defendant's employer of the probation, and shall 07 require that the defendant, while driving the employer's vehicle, carry a letter from the 08 employer authorizing the defendant to drive that vehicle. 09 (c) A court imposing a condition of probation under this section shall require 10 the surrender of the driver's license and shall issue to the defendant a certificate valid 11 for the duration of the probation or a copy of the defendant's judgment of conviction. 12 The defendant shall pay all costs associated with fulfilling the condition of probation, 13 including installation, repair, and monitoring of an ignition interlock device. 14 (d) The court may include the cost of the ignition interlock device as a part of 15 the fine required to be imposed against the defendant under AS 28.35.030(b) or (n) or 16 28.35.032(g) or (p). 17 (e) In this section, 18 (1) "ignition interlock device" means equipment designed to prevent a 19 motor vehicle from being operated by a person who has consumed an alcoholic 20 beverage, and that has been certified by the commissioner of corrections under 21 AS 33.05.020(c); 22 (2) "motor vehicle" has the meaning given in AS 28.40.100, but 23 does not include snow machines and all-terrain vehicles not designed for and not 24 operated on highways or roads. 25 * Sec. 2. AS 28.15.201(d) is repealed and reenacted to read: 26 (d) A court revoking, or that has revoked, a driver's license, privilege to drive, 27 or privilege to obtain a license under AS 28.15.181(c), or the department revoking, or 28 that has revoked, a driver's license, privilege to drive, or privilege to obtain a license 29 under AS 28.15.165(c), may grant limited license privileges to a person 30 (1) who has not been previously convicted 31 (A) for the final 60 days during which the license is revoked if
01 (i) the revocation was for a misdemeanor conviction 02 under AS 28.35.030(a) and not for a violation of AS 28.35.032; 03 (ii) the court or the department determines that the 04 person's ability to earn a livelihood would be severely impaired without 05 a limited license or that there are other compelling health or safety 06 reasons that would require the issuance of a limited license; 07 (iii) the court or the department determines that, without 08 excessive danger to the public, a limitation under (a) of this section can 09 be placed on the license that will enable the person to earn a livelihood 10 or satisfy other compelling health or safety reasons for the issuance of a 11 limited license; and 12 (iv) the court or the department determines that the 13 person is enrolled in and is in compliance with, or has successfully 14 completed the alcoholism screening, evaluation, referral, and program 15 requirements of the Department of Health and Social Services under 16 AS 28.35.030(h); 17 (B) before the final 60 days during which the license is revoked 18 if 19 (i) the revocation was for a misdemeanor conviction 20 under AS 28.35.030(a) and not for a violation of AS 28.35.032; 21 (ii) the court or the department determines that the 22 person's ability to earn a livelihood would be severely impaired without 23 a limited license or that there are other compelling health or safety 24 reasons that would require the issuance of a limited license; 25 (iii) the court or the department determines that, without 26 excessive danger to the public, a limitation under (a) of this section can 27 be placed on the license that will enable the person to earn a livelihood 28 or satisfy other compelling health or safety reasons for the issuance of a 29 limited license; in making the determination required under this sub- 30 subparagraph, the court or the department shall consider requiring the 31 use of an ignition interlock device as described in AS 12.55.102 during
01 the period of the limited license; and 02 (iv) the court or the department determines that the 03 person is enrolled in and is in compliance with, or has successfully 04 completed the alcoholism screening, evaluation, referral, and program 05 requirements of the Department of Health and Social Services under 06 AS 28.35.030(h); 07 (2) who has been previously convicted if 08 (A) the revocation was for a misdemeanor conviction under 09 AS 28.35.030(a) and not for a violation of AS 28.35.032; 10 (B) the court or the department determines that the person's 11 ability to earn a livelihood would be severely impaired without a limited 12 license; 13 (C) the court or the department determines that, without 14 excessive danger to the public, a limitation under (a) of this section can be 15 placed on the license that will (i) enable the person to earn a livelihood, or (ii) 16 satisfy other compelling health or safety reasons for the issuance of a limited 17 license; 18 (D) the court or the department determines that the person is 19 enrolled in and is in compliance with, or has successfully completed the 20 alcoholism screening, evaluation, referral, and program requirements of the 21 Department of Health and Social Services under AS 28.35.030(h); and 22 (E) the court or department requires the person to use an 23 ignition interlock device as described in AS 12.55.102 during the period of the 24 limited license. 25 * Sec. 3. AS 28.15.201 is amended by adding a new subsection to read: 26 (e) In (d) of this section, "previously convicted" has the meaning given in 27 AS 28.35.030 and also includes convictions based on laws presuming that the person 28 was under the influence of intoxicating liquor if there was 0.08 percent or more by 29 weight of alcohol in the person's blood. 30 * Sec. 4. AS 28.35.030(b) is amended to read: 31 (b) Except as otherwise provided in [UNDER (n) OF] this section, driving
01 while under the influence of an alcoholic beverage, inhalant, or controlled substance is 02 a class A misdemeanor. A person convicted under this subsection is guilty of a 03 class A misdemeanor even though the person is required under (s) of this section 04 to pay a fine that exceeds the maximum fine for a class A misdemeanor. Except 05 as provided under (p) and (s) of this section, upon conviction, 06 (1) the court shall impose a minimum sentence of imprisonment of 07 (A) not less than 72 consecutive hours and a fine of not less 08 than $1,500 if the person has not been previously convicted; 09 (B) not less than 20 days and a fine of not less than $3,000 if 10 the person has been previously convicted once; 11 (C) not less than 60 days and a fine of not less than $4,000 if 12 the person has been previously convicted twice and is not subject to 13 punishment under (n) of this section; 14 (D) not less than 120 days and a fine of not less than $5,000 if 15 the person has been previously convicted three times and is not subject to 16 punishment under (n) of this section; 17 (E) not less than 240 days and a fine of not less than $6,000 if 18 the person has been previously convicted four times and is not subject to 19 punishment under (n) of this section; 20 (F) not less than 360 days and a fine of not less than $7,000 if 21 the person has been previously convicted more than four times and is not 22 subject to punishment under (n) of this section; 23 (2) the court may not 24 (A) suspend execution of sentence or grant probation except on 25 condition that the person serve the minimum imprisonment under (1) of this 26 subsection; 27 (B) suspend imposition of sentence; 28 (3) the court shall revoke the person's driver's license, privilege to 29 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 30 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 31 forfeited under AS 28.35.036; and
01 (4) the court may order that the person, while incarcerated or as a 02 condition of probation or parole, take a drug or combination of drugs intended to 03 prevent the consumption of an alcoholic beverage; a condition of probation or parole 04 imposed under this paragraph is in addition to any other condition authorized under 05 another provision of law. 06 * Sec. 5. AS 28.35.030(n) is amended to read: 07 (n) Except as otherwise provided in this section, a [A] person is guilty of a 08 class C felony if the person is convicted under (a) of this section and has been 09 previously convicted two or more times since January 1, 1996, and within the 10 years 10 preceding the date of the present offense. For purposes of determining minimum 11 sentences based on previous convictions, the provisions of (r)(4) of this section apply. 12 Subject to (s) of this section, upon [UPON] conviction, the court 13 (1) shall impose a fine of not less than $10,000 and a minimum 14 sentence of imprisonment of not less than 15 (A) 120 days if the person has been previously convicted twice; 16 (B) 240 days if the person has been previously convicted three 17 times; 18 (C) 360 days if the person has been previously convicted four 19 or more times; 20 (2) may not 21 (A) suspend execution of sentence or grant probation except on 22 condition that the person serve the minimum imprisonment under (1) of this 23 subsection; or 24 (B) suspend imposition of sentence; 25 (3) shall permanently revoke the person's driver's license, privilege to 26 drive, or privilege to obtain a license subject to restoration of the license under (o) of 27 this section; 28 (4) may order that the person, while incarcerated or as a condition of 29 probation or parole, take a drug or combination of drugs, intended to prevent the 30 consumption of an alcoholic beverage; a condition of probation or parole imposed 31 under this paragraph is in addition to any other condition authorized under another
01 provision of law; 02 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, 03 or aircraft used in the commission of the offense, subject to remission under 04 AS 28.35.037; and 05 (6) shall order the department to revoke the registration for any vehicle 06 registered by the department in the name of the person convicted under this 07 subsection; if a person convicted under this subsection is a registered co-owner of a 08 vehicle or is registered as a co-owner under a business name, the department shall 09 reissue the vehicle registration and omit the name of the person convicted under this 10 subsection. 11 * Sec. 6. AS 28.35.030 is amended by adding a new subsection to read: 12 (s) If a person is convicted under (a) of this section and it is determined by the 13 trier of fact that, as determined by a chemical test taken within four hours after the 14 offense was committed, 15 (1) there was at least 0.16 percent by weight of alcohol in the person's 16 blood but less than 0.24 percent by weight of alcohol in the person's blood or at least 17 160 milligrams of alcohol per 100 milliliters of blood, but less than 240 milligrams of 18 alcohol per 100 milliliters of blood, or when there was at least 0.16 grams of alcohol 19 per 210 liters of the person's breath, but less than 0.24 grams of alcohol per 210 liters 20 of the person's breath, the court shall increase the fine imposed under (b)(1) or (n)(1) 21 of this section by the lesser of one-third or $500 and, if the offense was committed on 22 a road system, require the person to use an ignition interlock device as provided in 23 AS 12.55.102 for a minimum of six months after the person regains the privilege, 24 including any limited privilege, to operate a motor vehicle; 25 (2) there was 0.24 percent or more by weight of alcohol in the person's 26 blood or 240 milligrams or more of alcohol per 100 milliliters of blood, or when there 27 was 0.24 grams or more of alcohol per 210 liters of the person's breath, the court shall 28 increase the fine imposed under (b)(1) or (n)(1) of this section by the lesser of one-half 29 or $1,000 and, if the offense was committed on a road system, require the person to 30 use an ignition interlock device as provided in AS 12.55.102 for a minimum of one 31 year after the person regains the privilege, including any limited privilege, to operate a
01 motor vehicle. 02 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 APPLICABILITY. This Act applies only to acts committed on or after the effective 05 date of this Act except that references to previous convictions include those occurring before 06 the effective date of this Act. 07 * Sec. 8. This Act takes effect January 1, 2005.