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- Alaska Statutes.
- Title 28. Motor Vehicles
- Chapter 35. Offenses and Accidents
- Section 31. Implied Consent.
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Section 30. Operating a Vehicle, Aircraft or Watercraft While Under the Influence of An Alcoholic Beverage, Inhalant, or Controlled Substance.
next:
Section 32. Refusal to Submit to Chemical Test.
AS 28.35.031. Implied Consent.
- (a) A person who operates or drives a motor vehicle in this state or who operates an aircraft as defined in AS 28.35.030
(t) or who operates a watercraft as defined in AS 28.35.030
(t) shall be considered to have given consent to a chemical test or tests of the person's breath for the purpose of
determining the alcoholic content of the person's blood or breath if lawfully arrested for an offense arising out of
acts alleged to have been committed while the person was operating or driving a motor vehicle or operating an aircraft
or a watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance or if lawfully
arrested under AS 28.35.280
for the offense of minor operating a vehicle after consuming alcohol. The test or tests shall be administered at the
direction of a law enforcement officer who has probable cause to believe that the person was operating or driving a
motor vehicle or operating an aircraft or a watercraft in this state while under the influence of an alcoholic
beverage, inhalant, or controlled substance or that the person was a minor operating a vehicle after consuming alcohol.
- (b) A person who operates or drives a motor vehicle in this state or who operates an aircraft or watercraft shall be
considered to have given consent to a preliminary breath test for the purpose of determining the alcoholic content of
the person's blood or breath. A law enforcement officer may administer a preliminary breath test at the scene of the
incident if the officer has probable cause to believe that a person's ability to operate a motor vehicle, aircraft, or
watercraft is impaired by the ingestion of alcoholic beverages and that the person
- (1) was operating or driving a motor vehicle, aircraft, or watercraft that is involved in an accident;
- (2) committed a moving traffic violation or unlawfully operated an aircraft or watercraft; in this paragraph, "unlawfully"
means in violation of any federal, state, or municipal statute, regulation, or ordinance, except for violations that do
not provide reason to believe that the operator's ability to operate the aircraft or watercraft was impaired by the
ingestion of alcoholic beverages; or
- (3) was operating or driving a motor vehicle in violation of AS 28.35.029(a).
- (c) Before administering a preliminary breath test under (b) of this section, the officer shall advise the person that
refusal may be used against the person in a civil or criminal action arising out of the incident and that refusal is an
infraction. If the person refuses to submit to the test, the test shall not be administered.
- (d) The result of the test under (b) of this section may be used by the law enforcement officer to determine whether the
driver or operator should be arrested.
- (e) Refusal to submit to a preliminary breath test at the request of a law enforcement officer is an infraction.
- (f) If a driver or operator is arrested, the provisions of (a) of this section apply. The preliminary breath test
authorized in this section is in addition to any tests authorized under (a) of this section.
- (g) A person who operates or drives a motor vehicle in this state shall be considered to have given consent to a chemical
test or tests of the person's breath and blood for the purpose of determining the alcoholic content of the person's
breath and blood and shall be considered to have given consent to a chemical test or tests of the person's blood and
urine for the purpose of determining the presence of controlled substances in the person's blood and urine if the
person is involved in a motor vehicle accident that causes death or serious physical injury to another person. The test
or tests may be administered at the direction of a law enforcement officer who has probable cause to believe that the
person was operating or driving a motor vehicle in this state that was involved in an accident causing death or serious
physical injury to another person.
- (h) Nothing in this section shall be construed to restrict searches or seizures under a warrant issued by a judicial
officer, in addition to a test permitted under this section.
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