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- Alaska Statutes.
- Title 28. Motor Vehicles
- Chapter 35. Offenses and Accidents
- Section 280. Minor Operating a Vehicle After Consuming Alcohol.
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Section 270. [Renumbered as AS
28.40.110
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Section 285. Minor's Refusal to Submit to Chemical Test.
AS 28.35.280. Minor Operating a Vehicle After Consuming Alcohol.
- (a) A person who is at least 14 years of age but not yet 21 years of age commits the offense of minor operating a vehicle
after consuming alcohol if the person operates or drives a motor vehicle or operates an aircraft or a watercraft after
having consumed any quantity of alcohol. A peace officer who has probable cause to believe that a person has committed
the offense of minor operating a vehicle after consuming alcohol may
- (1) place the person under arrest;
- (2) request that the person submit 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; and
- (3) transport the person to a location at which a chemical or other test authorized under (2) of this subsection may be
administered.
- (b) If a chemical test under this section reveals any alcohol concentration within the person's blood or breath, the
person shall be cited for violating this section and then released unless there is a lawful reason for further
detention. A person who is 18 years of age or older shall be released on the person's own recognizance. A person who is
under the age of 18 shall be released to a parent, guardian, or legal custodian.
- (d) The offense of a minor operating a vehicle after consuming alcohol is an infraction, and, if the minor
- (1) has not been previously convicted under this section, AS 28.35.285, or 28.35.290, upon conviction, the court shall impose a
- (A) fine of $500; and
- (B) period of community work service of not less than 20 hours nor more than 40 hours; the community work service under
this subparagraph must be related to education about or prevention or treatment of misuse of alcohol if opportunities
are available for that type of work service in the community; if such opportunities are not available, the court shall
make other provisions for the work service;
- (2) has been previously convicted once under this section, AS 28.35.285, or 28.35.290, upon conviction, the court shall impose a
- (A) fine of $1,000; and
- (B) period of community work service of not less than 40 hours nor more than 60 hours; the community work service under
this subparagraph must be related to education about or prevention or treatment of misuse of alcohol if opportunities
are available for that type of work service in the community; if such opportunities are not available, the court shall
make other provisions for the work service;
- (3) has been previously convicted two or more times under this section, AS 28.35.285
, or 28.35.290, upon conviction, the court shall
impose a
- (A) fine of $1,500; and
- (B) period of community work service of not less than 60 hours nor more than 80 hours; the community work service under
this subparagraph must be related to education about or prevention or treatment of misuse of alcohol if opportunities
are available for that type of work service in the community; if such opportunities are not available, the court shall
make other provisions for the work service.
- (e) In this section,
- (1) "operate an aircraft" has the meaning given in AS 28.35.030
(t);
- (2) "operate a watercraft" has the meaning given in AS 28.35.030
(t).
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