Section 12.55.102. Alcohol-related offenses.

   (a) The court may order as a condition of probation or generally as part of a sentence that a defendant convicted of an offense involving the use, consumption, or possession of an alcoholic beverage may not operate a motor vehicle during the period of probation unless the vehicle is equipped with a properly functioning, monitored, and maintained ignition interlock device. A condition of probation or sentence imposed under this subsection takes effect after any period of license revocation imposed under AS 28.15.165(d) or 28.15.181(c).
   (b) The court, in imposing probation or a condition of a sentence under (a) of this section, may allow the defendant limited privileges to drive a motor vehicle without an ignition interlock device if the court determines that the defendant is required as a condition of employment to drive a motor vehicle owned or leased by the defendant's employer and that the defendant's driving will not create substantial danger. If the court imposes probation described by this subsection, the court shall require the defendant to notify the defendant's employer of the probation, and shall require that the defendant, while driving the employer's vehicle, carry a letter from the employer authorizing the defendant to drive that vehicle.
   (c) A court imposing a condition of probation under this section shall require the surrender of the driver's license and shall issue to the defendant a certificate valid for the duration of the probation or a copy of the defendant's judgment of conviction. The defendant shall pay all costs associated with fulfilling the condition of probation, including installation, repair, and monitoring of an ignition interlock device.
   (d) The court may include the cost of the ignition interlock device as a part of the fine required to be imposed against the defendant under AS 28.35.030(b) or (n) or 28.35.032(g) or (p).
   (e) In this section,
        (1) "ignition interlock device" means equipment designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage, and that has been certified by the commissioner of corrections under AS 33.05.020(c);
        (2)  [Repealed, Sec. 12 ch 85 SLA 2010].

Authorities

11.76.140;33.05.020

Notes

Recent Bills that will modify this

HB 162 DMV REVOCATION OF DRIVER'S LICENSE

References

2 AAC 90.990
AS 11.76.140 Avoidance of ignition interlock device.
AS 33.05.020 Duties of commissioner; probation officers and personnel; ignition interlock devices.

History

(Sec. 3 ch 57 SLA 1989; am Sec. 2 ch 80 SLA 1995; am Sec. 1 ch 126 SLA 2004; am Sec. 12 ch 85 SLA 2010)