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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 55. Sentencing and Probation
- Section 102. Alcohol-Related Offenses.
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. Additional Conditions of Probation For Domestic Violence Crimes.
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. Probation Fee. [Repealed, Sec. 4 Ch 26 SLA 1989].
AS 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
- (2) "motor vehicle" has the meaning given in AS 28.90.990
, but does not include snow machines and all-terrain vehicles not designed for and not operated on highways or roads.
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