HB 253: "An Act relating to an affirmative defense for driving while under the influence."
00 HOUSE BILL NO. 253 01 "An Act relating to an affirmative defense for driving while under the influence." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28.35.030 is amended by adding a new subsection to read: 04 (v) It is an affirmative defense to a prosecution under (a) of this section that 05 (1) the defendant's operation of the motor vehicle was limited to using 06 the vehicle's heater or starting the vehicle to use the vehicle's heater; 07 (2) a reasonable person would seek shelter and heat because of the 08 temperature or weather conditions at the time the defendant operated the motor 09 vehicle; and 10 (3) the defendant did not otherwise drive or attempt to drive the motor 11 vehicle. 12 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. This Act applies to offenses committed on or after the effective 15 date of this Act.