HB 308: "An Act relating to release before trial; relating to limitation of driver's licenses; relating to operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage; and providing for an effective date."
00 HOUSE BILL NO. 308 01 "An Act relating to release before trial; relating to limitation of driver's licenses; 02 relating to operating a vehicle, aircraft, or watercraft while under the influence of an 03 alcoholic beverage; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.30.011(e) is amended to read: 06 (e) If the supreme court establishes a schedule of bail amounts or conditions of 07 release for misdemeanor offenses, the schedule must include a condition providing 08 that a correctional facility shall, at the time of release, conduct a chemical test of the 09 breath of a person who has been arrested and who is intoxicated and shall detain the 10 person until the test result indicates that the person's breath has less than 0.04 [0.08] 11 grams of alcohol for each 210 liters of breath or, with the consent of the person, 12 release the person to another person who is willing and able to provide care for the 13 person. 14 * Sec. 2. AS 28.15.201(f) is amended to read:
01 (f) In (d)(2) of this section, "previously convicted" has the meaning given in 02 AS 28.35.030 and also includes convictions under laws presuming that the person was 03 under the influence of intoxicating liquor if there was 0.04 [0.08] percent or more by 04 weight of alcohol in the person's blood. 05 * Sec. 3. AS 28.35.030(a) is amended to read: 06 (a) A person commits the crime of driving while under the influence of an 07 alcoholic beverage, inhalant, or controlled substance if the person operates or drives a 08 motor vehicle or operates an aircraft or a watercraft 09 (1) while under the influence of an alcoholic beverage, intoxicating 10 liquor, inhalant, or any controlled substance, singly or in combination; or 11 (2) and if, as determined by a chemical test taken within four hours 12 after the alleged operating or driving, there is 0.04 [0.08] percent or more by weight of 13 alcohol in the person's blood or 40 [80] milligrams or more of alcohol per 100 14 milliliters of blood, or if there is 0.04 [0.08] grams or more of alcohol per 210 liters of 15 the person's breath. 16 * Sec. 4. AS 28.35.033(a) is amended to read: 17 (a) Upon the trial of a civil or criminal action or proceeding arising out of acts 18 alleged to have been committed by a person while operating or driving a motor vehicle 19 or operating an aircraft or a watercraft while under the influence of an alcoholic 20 beverage, inhalant, or controlled substance, the amount of alcohol in the person's 21 blood or breath at the time alleged shall give rise to the following presumptions: 22 (1) if [IF] there was less than 0.04 percent [OR LESS] by weight of 23 alcohol in the person's blood, or less than 40 milligrams [OR LESS] of alcohol per 24 100 milliliters of the person's blood, or less than 0.04 grams [OR LESS] of alcohol 25 per 210 liters of the person's breath, it shall be presumed that the person was not under 26 the influence of an alcoholic beverage; [.] 27 (2) if [IF THERE WAS IN EXCESS OF 0.04 PERCENT BUT LESS 28 THAN 0.08 PERCENT BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD, 29 OR IN EXCESS OF 40 BUT LESS THAN 80 MILLIGRAMS OF ALCOHOL PER 30 100 MILLILITERS OF THE PERSON'S BLOOD, OR IN EXCESS OF 0.04 GRAMS 31 BUT LESS THAN 0.08 GRAMS OF ALCOHOL PER 210 LITERS OF THE
01 PERSON'S BREATH, THAT FACT DOES NOT GIVE RISE TO ANY 02 PRESUMPTION THAT THE PERSON WAS OR WAS NOT UNDER THE 03 INFLUENCE OF AN ALCOHOLIC BEVERAGE, BUT THAT FACT MAY BE 04 CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING 05 WHETHER THE PERSON WAS UNDER THE INFLUENCE OF AN ALCOHOLIC 06 BEVERAGE. 07 (3) IF] there was 0.04 [0.08] percent or more by weight of alcohol in 08 the person's blood, or 40 [80] milligrams or more of alcohol per 100 milliliters of the 09 person's blood, or 0.04 [0.08] grams or more of alcohol per 210 liters of the person's 10 breath, it shall be presumed that the person was under the influence of an alcoholic 11 beverage. 12 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. This Act applies to offenses committed on or after the effective 15 date of this Act, except that references to previous convictions include convictions occurring 16 before, on, or after the effective date of the relevant section of this Act. 17 * Sec. 6. This Act takes effect January 1, 2027.