This bill amends various sections of Alaska law related to the release of individuals before trial, the limitation of driver's licenses, and the operation of vehicles, aircraft, or watercraft while under the influence of alcohol. Key changes include lowering the threshold for intoxication from 0.08 to 0.04 grams of alcohol per 210 liters of breath, which will affect the conditions under which a person can be released from a correctional facility after arrest. The bill mandates that a chemical test be conducted at the time of release for individuals who are intoxicated, and it specifies that a person can only be released if their breath alcohol level is below the new threshold or if they are handed over to someone capable of providing care.

Additionally, the bill clarifies the definitions of "previously convicted" in relation to DUI offenses and establishes new presumptions regarding intoxication based on blood and breath alcohol levels. It states that if a person's blood alcohol content is less than 0.04 percent, they are presumed not to be under the influence, while a level of 0.04 percent or more will lead to a presumption of intoxication. The bill will apply to offenses committed on or after its effective date of January 1, 2027, but will also consider previous convictions regardless of when they occurred.

Statutes affected:
HB0308A, AM HB 308, introduced 02/16/2026: 12.30.011, 28.15.201, 28.35.030, 28.35.033