Dan Saddler, Press Secretary State Capitol, Room 413 Juneau, AK 99801-1182 Phone: (907) 465-3804 Fax: (907) 465-4450 Actualities: (800) 478-6540 Web: www.akrepublicans.org Send E-Mail    or    E-Mail List: subscribe

Tough Drunk Driving Bill Passes House
Rokeberg’s HB 4 Makes Alaska DUI Laws Toughest in Nation

(JUNEAU) – The House today unanimously passed legislation that would strengthen Alaska’s current tough anti-drunk driving laws.

"This toughens Alaska’s already tough laws against driving under the influence," said Rep. Norman Rokeberg (R-Anchorage), sponsor of House Bill 4. "Alaskans don’t want other Alaskans to drink and drive. The entire philosophy of HB 4 is to separate offending habitual drunk drivers from their vehicles."

House Bill 4 includes a broad array of legal actions to increase penalties for drunken driving, including:

• Lowering the level at which drivers may be presumed to be driving impaired from the current .10 percent blood alcohol content to .08 percent, a step the state must take to ensure continued receipt of federal transportation funds
• 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 courts to immobilize or confiscate an offender’s car for a second driving under the influence offense (DUI), and allowing forfeiture of the vehicle for a third offense
• Confiscating the license plates of vehicles used in drunken driving offenses
• Increasing the presumptive sentence for vehicular manslaughter
• Extends DUI laws to include impairment caused by a driver’s use of inhalants or other substances other than alcohol
• Extending the five-year “look-back” term for drunk driving to 10 years, so that a driver’s third 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.

"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 sponsored House Bill 4 in response to last year’s tragic wave of drunk driving incidents around the state, and in response to the recommendations of a mayor’s DUI task force in Anchorage. He called the bill a centerpiece of the Republican Majority’s efforts to address problems with alcohol abuse in Alaska.

Other elements in the overall alcohol package include innovative therapeutic courts for substance abuse offenders, recriminalization of juvenile possession or consumption of alcohol, liability protections for cab drivers driving the vehicle of a person under the influence to that person’ s 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."

Notice of reconsideration of the vote was given.

Highlights of CSHB 4 (FIN) am

• 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

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| Rep. Rokeberg's Page |

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