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HB0308a -1- HB 308
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HOUSE BILL NO. 308
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE GRAY
Introduced: 2/16/26
Referred: Judiciary, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to release before trial; relating to limitation of driver's licenses; 1
relating to operating a vehicle, aircraft, or watercraft while under the influence of an 2
alcoholic beverage; and providing for an effective date." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 12.30.011(e) is amended to read: 5
(e) If the supreme court establishes a schedule of bail amounts or conditions of 6
release for misdemeanor offenses, the schedule must include a condition providing 7
that a correctional facility shall, at the time of release, conduct a chemical test of the 8
breath of a person who has been arrested and who is intoxicated and shall detain the 9
person until the test result indicates that the person's breath has less than 0.04 [0.08] 10
grams of alcohol for each 210 liters of breath or, with the consent of the person, 11
release the person to another person who is willing and able to provide care for the 12
person. 13
* Sec. 2. AS 28.15.201(f) is amended to read: 14
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HB 308 -2- HB0308a
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(f) In (d)(2) of this section, "previously convicted" has the meaning given in 1
AS 28.35.030 and also includes convictions under laws presuming that the person was 2
under the influence of intoxicating liquor if there was 0.04 [0.08] percent or more by 3
weight of alcohol in the person's blood. 4
* Sec. 3. AS 28.35.030(a) is amended to read: 5
(a) A person commits the crime of driving while under the influence of an 6
alcoholic beverage, inhalant, or controlled substance if the person operates or drives a 7
motor vehicle or operates an aircraft or a watercraft 8
(1) while under the influence of an alcoholic beverage, intoxicating 9
liquor, inhalant, or any controlled substance, singly or in combination; or 10
(2) and if, as determined by a chemical test taken within four hours 11
after the alleged operating or driving, there is 0.04 [0.08] percent or more by weight of 12
alcohol in the person's blood or 40 [80] milligrams or more of alcohol per 100 13
milliliters of blood, or if there is 0.04 [0.08] grams or more of alcohol per 210 liters of 14
the person's breath. 15
* Sec. 4. AS 28.35.033(a) is amended to read: 16
(a) Upon the trial of a civil or criminal action or proceeding arising out of acts 17
alleged to have been committed by a person while operating or driving a motor vehicle 18
or operating an aircraft or a watercraft while under the influence of an alcoholic 19
beverage, inhalant, or controlled substance, the amount of alcohol in the person's 20
blood or breath at the time alleged shall give rise to the following presumptions: 21
(1) if [IF] there was less than 0.04 percent [OR LESS] by weight of 22
alcohol in the person's blood, or less than 40 milligrams [OR LESS] of alcohol per 23
100 milliliters of the person's blood, or less than 0.04 grams [OR LESS] of alcohol 24
per 210 liters of the person's breath, it shall be presumed that the person was not under 25
the influence of an alcoholic beverage; [.] 26
(2) if [IF THERE WAS IN EXCESS OF 0.04 PERCENT BUT LESS 27
THAN 0.08 PERCENT BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD, 28
OR IN EXCESS OF 40 BUT LESS THAN 80 MILLIGRAMS OF ALCOHOL PER 29
100 MILLILITERS OF THE PERSON'S BLOOD, OR IN EXCESS OF 0.04 GRAMS 30
BUT LESS THAN 0.08 GRAMS OF ALCOHOL PER 210 LITERS OF THE 31
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HB0308a -3- HB 308
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PERSON'S BREATH, THAT FACT DOES NOT GIVE RISE TO ANY 1
PRESUMPTION THAT THE PERSON WAS OR WAS NOT UNDER THE 2
INFLUENCE OF AN ALCOHOLIC BEVERAGE, BUT THAT FACT MAY BE 3
CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING 4
WHETHER THE PERSON WAS UNDER THE INFLUENCE OF AN ALCOHOLIC 5
BEVERAGE. 6
(3) IF] there was 0.04 [0.08] percent or more by weight of alcohol in 7
the person's blood, or 40 [80] milligrams or more of alcohol per 100 milliliters of the 8
person's blood, or 0.04 [0.08] grams or more of alcohol per 210 liters of the person's 9
breath, it shall be presumed that the person was under the influence of an alcoholic 10
beverage. 11
* Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 12
read: 13
APPLICABILITY. This Act applies to offenses committed on or after the effective 14
date of this Act, except that references to previous convictions include convictions occurring 15
before, on, or after the effective date of the relevant section of this Act. 16
* Sec. 6. This Act takes effect January 1, 2027. 17