Legislature(1993 - 1994)
03/14/1994 01:15 PM House JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
Number 628
HB 445 - DWI LAWS
Number 635
DEPUTY COMMISSIONER C.E. SWACKHAMMER, Department of Public
Safety, announced that Governor Hickel introduced this bill,
based primarily on the high rate of alcohol and drug related
vehicle accidents that involve injury and death. Alaska has
one of the highest rates of controlled substance related
accidents. Implied consent statutes allow testing for
drugs, etc., after a person is involved in an accident
relating to alcohol or drugs, causing death or serious
injury (if a person was not charged with anything).
Number 683
REP. NORDLUND questioned the clause inferring that the same
persons who would be tested for drugs and/or alcohol would
be those not charged with anything after the accident. He
was going on the assumption that such persons would usually
be charged indeed.
DEP. COMM. SWACKHAMMER disagreed. He said arrests are
usually avoided in these instances, since those involved
usually end up in the hospital. If they are arrested at
that time, the Department of Public Safety assumes the
liability for that person, which is not financially prudent.
Number 720
JUANITA HENSLEY, Chief of Driver Services, Division of Motor
Vehicles, Department of Public Safety, clarified the issue
by saying that a person who consents to taking a breath test
does not have to be arrested until the results are there.
If they refuse to take the test, then they are placed under
arrest at that time.
Number 730
CHAIRMAN PORTER added that in the hospital this would allow
the tests to be ordered without their permission because of
this implied consent; and physicians, to avoid legal action
against themselves, will not perform these tests without the
law in place, because they have been sued.
Number 745
REP. PHILLIPS questioned why the primary emphasis on the
sponsor statement is motor vehicles, and yet the title of
the bill is "Motor Vehicle, Aircraft and Watercraft."
Number 756
MS. HENSLEY explained to Rep. Phillips that the current
statute now includes motor vehicle, aircraft, and
watercraft. A person loses his or her driver's license at
the time they are convicted of a DWI in a motor vehicle or
aircraft, but watercraft is not included. The only
provisions that apply to watercraft are jail sentencing and
fines. Nobody loses their driver's license for operating a
watercraft while intoxicated.
Number 779
REP. PETE KOTT asked JUANITA HENSLEY if a definition for
"motor vehicle" exists.
Number 784
MS. HENSLEY answered affirmatively. She said the statute
also defines "commercial vehicle." Two sections of Title 28
deal with commercial motor vehicles. The definitions are
based on size and weight of the vehicle.
Number 802
SGT. CRAWFORD asked if snow machines fit into that category.
MS. HENSLEY told Sgt. Crawford that they do, if they are
being operated in a vehicular area; then they are considered
vehicles.
Number 812
REP. NORDLUND asked what the grounds are for a person
"operating a vehicle under the influence?" He questioned,
"What would give you cause, under this bill, to impose a
test on somebody?"
SGT. HENSLEY answered that under this bill it has to do
specifically with accidents; the driving, the scene
description, the skid marks, and the type of accident.
Those types of things would indicate whether this was an icy
road accident or someone going through a stop sign. There
could be any number of things: pipes in the car, or an
empty pill bottle could indicate drug use.
Number 831
REP. NORDLUND asked how this type of accident would be
handled if the evidence in the car did not seem to have
anything to with the accident.
Number 835
SGT. HENSLEY answered that that would not necessarily apply,
unless some further indication of drugs existed, such as
whether or not the driver was able to talk. There would
have to be some contributing factor in order to explore the
possibility of drug involvement.
Number 845
REP. JOE GREEN asked if there was a similar method of
indicating the presence of drugs, in a single step, in the
same manner that a Breathalyzer indicates the presence of
alcohol.
Number 851
SGT. HENSLEY said there are indications in the person's
behavior, if the officer is trained properly.
TAPE 94-41, SIDE B
Number 007
REP. CLIFF DAVIDSON asked whether or not we allow for
training in drug and alcohol detection, and questions
regarding accuracy of drug and alcohol tests.
Number 034
DEP. COMM. SWACKHAMMER stated that HB 319 would give an
opportunity to enhance the short supply of funding for
training. He believes the Intoximeter 3000 to be accurate
since these alcohol measuring devices are maintained on a
daily basis through a computerized system.
Number 091
REP. DAVIDSON asked how quickly you must act in order to
ensure an accurate reading.
SGT. CRAWFORD explained how and when the different drugs
peak in the body's system after ingested. In short, the
longer you wait, acquiring search warrants, the less likely
you will be able to quantify the drug. The sooner the
better.
REP. JEANNETTE JAMES questioned HB 445, wondering if it
allows blood and urine to be taken from persons involved in
a serious accident.
Number 160
DEP. COMM. SWACKHAMMER said if they refuse to submit, then
they become guilty, just as they would with the implied
consent. It would basically transpose the current implied
consent for those involved in motor vehicle accidents. He
said "implied consent" would be the same as the implied
consent if you did not take the intoximeter. He said the
revocation and loss of license, and a Class A misdemeanor
applies. It does not really get you to the point where you
actually draw blood and urine. There still has to be
another step.
Number 164
REP. JAMES asked whether or not blood and urine could be
taken, in a case where the person is hospitalized, as part
of the hospital admission, or would permission be required.
She was under the impression that if someone was involved in
a serious accident, those tests should be able to be taken
without going through the arrest procedure. She wondered
just what this bill would do.
Number 180
DEP. COMM. SWACKHAMMER pointed out that page 8 addresses the
person that is unconscious or in the hospital. It is true
that blood and urine would be drawn as part of the hospital
procedure, but was another matter for the hospital to turn
over blood and urine to a law enforcement person, so there
would still be other steps to go through.
Number 204
DEP. COMM. SWACKHAMMER stated that AS 11.81.900(b), which is
incorporated into page 8, line 25, defines serious injury.
Number 225
REP. GREEN motioned to pass HB 445 out of committee with
attached fiscal notes. The bill was moved with no
discretion or objection.
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