HTRA - 03/08/95 HB 203 - PREVIOUS CONVICTIONS FOR DWI OFFENSES Number 561 CHAIRMAN DAVIS welcomed Ms. Margot Knuth from the Department of Law and requested she present HB 203. MARGOT KNUTH, Criminal Division, Department of Law, stated she was here to testify on behalf of the Governor for HB 203. She explained HB 203 was one of six bills incorporated into the Governor's crime package this year. She explained HB 203 was narrowly designed, focusing on the goals of treating convictions from other states that allow a .08 blood alcohol level (BAL) for driving while intoxicated (DWI) as a prior conviction under Alaska laws. She stated Alaska currently uses the .10 BAL standard for intoxication determination. She noted there was a ruling by the Court of Appeals in 1991 stating that a conviction from a state where .08 was the standard, could not be considered substantially similar due to the possibility of the person had a lower BAL at the time of the offense than Alaska law requires. She said the average BAL of a person suspected of driving while intoxicated in Alaska is .19, significantly higher than .10. She indicated this was similar in other states. She explained before a person calls attention to themselves as a drunk driver, they may have a BAL as high as .15 and .20. She explained the arrests that are being made in states such as Oregon, are using the standard of .08 are usually above .1 blood alcohol level and the issue is a matter of technical difference in the law. Ms. Knuth said she was not aware of any opposition to HB 203 and asked if there were any questions. MS. KNUTH pointed out the four sections to HB 203. She explained the existing driver's license statute, 28.15.201, would have to become obsolete if the BAL was standardized. She explained Section 1 omits "also convictions based on laws presuming that the person was under the influence of intoxicating liquor if there was .08 percent or more by weight of alcohol in the person's blood." She explained the next three sections added the language with regards to the commercial driving while intoxicated laws, and the regular DWI statute, and finally to the forfeiture provision for repeat drunk driver offenses. She explained the language included the law ordinance "of an other jurisdiction presuming the person was under the influence of intoxicating liquor at a lower percentage by weight of alcohol in the person's blood than that required in the state." REPRESENTATIVE MACLEAN asked what impact would HB 203 have on a situation such as the Exxon Valdez incident, where the pilot of the vessel was intoxicated. MS. KNUTH stated she did not feel there would be any impact, because the intent of HB 203 is to treat repeated offenders from other states. She noted this year and last, there are DWI bills pending. Ms. Knuth suggested if Alaska stayed at .10 BAL standard, then there would be the question of how to treat people with prior convictions from other states. CHAIRMAN DAVIS indicated concern for Section 2 relating to commercial driver's license (CDL) operators. He stated Alaska's commercial law standards are .04 BAL. He asked if this was standard for commercial driver licenses. Number 611 MS. KNUTH stated .04 is the federally required standard for persons operating a commercial vehicle. She indicated to the best of her knowledge there are no jurisdictions where there is a lower BAL for commercial incidents of DWIs and stated it may be possible a state may have a lower standard of .03 or .02. CHAIRMAN DAVIS stated his concern was with the carryover of the commercial DWI had from another state. He questioned whether or not there would be concern with convictions being required to withdraw a CDL and would they not be transferred to Alaska. MS. KNUTH referred to Ms. Hensley from the Department of Public Safety and stated she could address the issue of CDLs with regards to laws of other states. REPRESENTATIVE WILLIAMS asked for clarification on the "law by ordinance" statement in Section 2 of HB 203. MS. KNUTH explained with regards to Washington, Oregon and California, which have lowered the standards of BALs from .10 to .08, Alaska courts have indicated that if someone from Oregon comes to Alaska with two convictions for drunk driving under Oregon laws, they need to be treated as a first offender in Alaska. She stated the language of HB 203 will help view prior DWI convictions if it was a conviction for drunk driving regardless of the BAL used to presume intoxication. CHAIRMAN DAVIS addressed the different ways to measure the BAL of a person and asked if the variations of types were taken into consideration or are the other standards ignored? MS. KNUTH explained the BAL of .1 can be measured through a toximeter breathalizer, blood or urine test but all the tests indicate the person's BAL.... TAPE 95-7, SIDE B Number 000 MS. KNUTH continued to explained, a person's BAL will be treated as a second offense, if their next violation is under Alaska state law. She stated this would count as a DWI conviction. CHAIRMAN DAVIS indicated with relation to DWI laws. He questioned the effectiveness of some of these laws and with the implementations of new laws. He stated HB 203 "fits in the realm of acceptability" and supported HB 203. Number 029 JUANITA HENSLEY, Chief, Driver Services, Division of Motor Vehicles, Department of Public Safety, explained that the Department of Public Safety is looking forward to HB 203 passing. She explained the Division of Motor Vehicles (DMV) is in a position to hear administrative hearings for DWI arrests and finds a person to have five prior DWIs in the state of California. The state of Alaska will treat them as first offenders. She explained even if their BAL was .30 or .0, they have to be treated as a first offender. CHAIRMAN DAVIS inquired as to commercial operators and the .04 BAL. MS. HENSLEY explained the national federally mandated standard for commercial operators is .04 percent. She explained if a person possessing a CDL is operating a commercial vehicle and is convicted of a DWI and has a BAL of .04, it is a mandatory one year license revocation of their CDL. She depicted a scenario where if Utah had a .02 for their commercial operators and that person was convicted for DWI and was found to be operating an 80,000 ton commercial vehicle in Alaska, the state would not be able to use the Utah conviction if that person was also operating a commercial vehicle here and was picked up a second time for DWI. She stated "when we think of commercial vehicles, we think it could be a panel vehicle that they are using for commercial purposes. The majority of these vehicles are hazardous material tankers, doubles and triples, 26,000 lbs. or greater." If a person was convicted of an .04 offense, it would apply; however, if that state was a lesser degree than Alaskan standards, Alaska would not be able to use that conviction. She indicated a second offense DWI conviction of commercial driving is a lifetime disqualification of a CDL. Number 093 CHAIRMAN DAVIS asked if a person obtains a CDL, do they carry a separate private and commercial license? MS. HENSLEY explained a person obtains only one license. If a person has a CDL to operate a class A, B or C vehicle, these types of vehicles are covered. If a person is arrested and convicted of operating a commercial vehicle with a BAL of .04 or greater, they only lose their CDL. However, if they are found to be .10 or greater, they will lose all driving privileges. REPRESENTATIVE MACLEAN made a motion to move HB 203 out of the House Transportation Committee with individual recommendations and zero fiscal notes. CHAIRMAN DAVIS asked if there was any objection. Hearing none, HB 203 was moved out of committee.