Session: State Capitol, Room 118 Juneau, AK 99801-1182 Phone: (907) 465-4968 Fax: (907) 465-2040 Subscribe to Newsletter District 11 & Judiciary Committee Info Interim: 716 W 4th, Suite 350 Anchorage, AK 99501-2133 Phone: (907) 269-0117 Fax: (907) 269-0119

Drunk Driving Bill Progressing through House
Rokeberg's HB 4 Would Make Alaska Laws Toughest in Nation

(JUNEAU) -- Alaskans would enjoy the protection of the toughest anti-drunk driving laws in the nation under House Bill 4, a wide-ranging bill sponsored by Rep. Norman Rokeberg (R-Anchorage) that passed his House Judiciary Committee on Tuesday.

"This is a major bill that would give Alaska the toughest drunk driving laws in the United States," said Rokeberg. "It sends a very clear message to people who abuse alcohol: We don't want drinking and driving to continue in the state of Alaska. We're going to make people wake up and realize they are responsible for their actions."

Rokeberg said he drafted House Bill 4 in response to last year's tragic wave of drunk driving accidents around the state, and in response to the recommendations of a mayor's DUI task force in Anchorage. It includes a broad array of legal action to increase the penalties for drunken driving, including:

• Lowering drivers' allowable blood alcohol content to 0.8 percent
• Substantially increasing fines and/or jail terms for drunken driving convictions, including raising the existing $250 fine for first-time offenses to $1,500
• Allowing police to immobilize or confiscate an offender's car for a second DUI offense, and mandating forfeiture for a third offense
• Confiscating the license plates of vehicles used in drunken driving offenses
• Mandating alcoholism treatment for offenders imprisoned long-term
• Increasing the presumptive sentence for vehicular manslaughter
• Changing state law to bar driving while impaired, and including inhalants or other substances that may impair drivers' abilities
• Extending the five-year "look-back" term for drunk driving to 10 years, so that a driver's fourth DUI within 10 years will automatically be a felony

The bill also has a treatment component, requiring those imprisoned for drunk driving convictions to undergo mandatory alcoholism treatment, and to reimburse the state for up to $10,000 in treatment costs.

"We're cognizant of the fact that one way to get habitual drunk drivers off the streets is to make sure they get screened and evaluated and get the proper treatment that can help them get over this disease or problem," Rokeberg said.

Rokeberg called the bill a centerpiece of the Republican Majority's efforts to address problems with alcohol abuse in Alaska. Other elements include innovative therapeutic courts for substance abuse offenders, recriminalization of juvenile possession or consumption of alcohol, liability protections for cab drivers conveying intoxicated drivers or their cars home, and strengthened anti-bootlegging legislation.

"Our goal with HB 4 is to lower the number of accidents, injuries and deaths that can be attributed to the use of alcohol in this state," Rokeberg said. "We are trying to discourage irresponsible behavior. Alcohol abuse causes a number of problems in this state, from domestic violence to traffic fatalities, and I think that by focusing on drunk driving we can remove as many impaired drivers from the road as possible and hopefully have a positive effect on other behaviors as well."

Highlights of CSHB 4 (FIN)

• Separates repeat offender drunk drivers from vehicles
• Lowers BAC to .08
  The federal law mandates that we lower our BAC.
  If the .08 law is passed and in effect prior to July 15, 2001, Alaska will be eligible to receive approximately $848,000 in incentive payments for states with .08 BAC.
  If we do not lower our BAC to .08 and have it in effect by 1 October 2003, we will actually loose $3,580,967 in the first year up to $14,323,867 in the last year.
  If we adopt .08 prior to Federal Fiscal Year 2007, we would regain any funds lost.
• Eliminates 5-year look back and phases in a 10-year look back.
  Currently a third DUI offense in five years is a felony. After the five-year window, charges then go back to misdemeanors.
  This bill phases in a ten-year window.
• Raises fines and sentences (see attached table)
• Raises reimbursement cap for incarceration costs from $1,000 to $2,000
• Establishes reimbursement cap for treatment costs reimbursed to state: $10,000
• Raises reinstatement fees for driver's licensing due to DUI and/or refusal to take chemical test
• Lowers impairment from .05 to .04
• Provides for permanent driver's license revocation for worst offenders
• After ten years, these worst offenders may apply for reinstatement if meet certain conditions
• Discretionary vehicle forfeiture or immobilization on 2nd misdemeanor. Offender pays for immobilization costs.
• Discretionary vehicle forfeiture on 3rd misdemeanor and all felonies
• Increases presumptive sentence for first felony manslaughter caused by DUI from 5 years to 7 years
• License plates of offenders will be confiscated along with driver's license and revocation will run concurrent with driver's license revocation or suspension. Co-owners, lienholders, and owner of "borrowed" vehicles are protected and may regain registration plates. Temporary "plate" issued along with temporary driver's license. Current provisions on driver's license review and appeal are offered for license plate confiscation.
• Changes DWI to DUI

# # #

Attachments:

• Sponsor Statement for HB 4
• Print Friendly Version
  Requires Adobe Acrobat Reader - 2 page(s) - 96 K
• CSHB 4 (FIN) Highlights
  Requires Adobe Acrobat Reader - 1 page(s) - 71 K
• Reader's Digest Version
  Requires Adobe Acrobat Reader - 5 page(s) - 88 K
• Comparison of Current Fines & Sentences to those Proposed Under CSHB 4 (FIN)
  Requires Adobe Acrobat Reader - 2 page(s) - 63 K

Broadcasters Note: Audio comments are available on the Majority Actuality line:
1-800-478-6540 or below.

= Norman Rokeberg, 202 K = Norman Rokeberg, 65 K
= Norman Rokeberg, 59 K

| Rep. Rokeberg's Page |

| Top | Home | Site Search | Breaking News | Legislators | Bills |
| Committees | E-Newsletter | Surveys | Research | Help |

The Official Web Site of the House and Senate Legislative Majorities
for the 22nd Alaska State Legislature
To Report Technical Problems or Contact Webmasters