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- Alaska Statutes.
- Title 28. Motor Vehicles
- Chapter 35. Offenses and Accidents
- Section 35. Administration of Chemical Tests Without Consent.
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AS 28.35.035. Administration of Chemical Tests Without Consent.
- (a) If a person is under arrest for an offense arising out of acts alleged to have been committed while the person was
operating a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or
controlled substance, and that arrest results from an accident that causes death or physical injury to another person,
a chemical test may be administered without the consent of the person arrested to determine the amount of alcohol in
that person's breath or blood or to determine the presence of controlled substances in that person's blood and urine.
- (b) A person who is unconscious or otherwise in a condition rendering that person incapable of refusal is considered not
to have withdrawn the consent provided under AS 28.33.031
(a) or AS 28.35.031
(a) or (g) and a chemical test may be administered to determine the amount of alcohol in that person's breath or blood
or to determine the presence of controlled substances in that person's blood and urine. A person who is unconscious or
otherwise incapable of refusal need not be placed under arrest before a chemical test may be administered.
- (c) If a chemical test is administered to a person under (a) or (b) of this section, that person is not subject to the
penalties for refusal to submit to a chemical test provided by AS 28.35.032
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