HB308 BLOOD/BREATH ALCOHOL CONTENT LIMITS | Alaska Bill

Plain English Breakdown

The official text does not explicitly define 'intoxicated' for Section 1 beyond requiring a breath test at release; it relies on the arrest context.

Lowering Alcohol Limits for Driving and Release from Jail

This bill lowers the legal alcohol limit to 0.04 percent for driving vehicles or boats, changes how courts treat past convictions based on this new limit, and requires breath tests before releasing intoxicated people from jail.

What This Bill Does

Changes the law so that a person is considered under the influence if they have 0.04 grams of alcohol per 210 liters of breath instead of 0.08.
Requires correctional facilities to test the breath of intoxicated people before releasing them and keep them detained until their level drops below 0.04, unless released with consent to someone who can provide care.
Updates rules for driver's license limits so that past convictions where a person had 0.04 percent or more alcohol in their blood count as prior offenses.
Sets new legal presumptions in court cases: less than 0.04 percent means the person is presumed not under the influence, and 0.04 percent or more means they are presumed to be under the influence.

Who It Names or Affects

People who drive cars, operate aircraft, or pilot watercraft in Alaska.
Correctional facilities that hold people arrested for being intoxicated before trial.
Courts handling cases involving driving while under the influence of alcohol.
Drivers with past convictions related to operating a vehicle while intoxicated.

Terms To Know

Blood Alcohol Content (BAC): The amount of alcohol in a person's blood or breath, measured as grams per liter or percent by weight.
Presumption: A legal rule that assumes something is true based on specific evidence unless proven otherwise.

Limits and Unknowns

The bill does not explain how correctional facilities will handle people who refuse a breath test.
The text states the law takes effect on January 1, 2027, but does not list specific penalties for breaking these new limits.

Official Summary Text

BLOOD/BREATH ALCOHOL CONTENT LIMITS
An Act relating to release before trial; relating to limitation of driver's licenses; relating to operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage; and providing for an effective date.

Current Bill Text

Read the full stored bill text

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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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(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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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