DUI/DWI - Applied Consent Law In Alaska

When you operate or drive a motor vehicle in the State of Alaska, you
are consenting to a chemical test of your breath for the purpose of
determining the alcohol concentration of your blood or breath. This is
known as implied consent.

THE IMPLIED CONSENT LAW ALLOWS:

Law enforcement officers to require a sample of your breath for alcohol
testing after a lawful arrest for Driving Under the Influence (DUI).

Law enforcement officers to require a sample of your blood or urine for
alcohol or controlled substance testing if you are involved in a crash
that causes death or serious physical injury to another person.

Depending on your number of prior DUI offenses, refusal to submit to
chemical testing after lawful arrest can be a criminal misdemeanor or
felony. Refusal to submit to chemical testing will result in two criminal
charges – DUI and Refusal – which the court can treat separately.
During a revocation period, there is no limited “work purpose” driving
privileges for a person who refuses to submit to chemical testing.

Another aspect of the implied consent law allows a law enforcement
officer to administer a preliminary breath test at the scene of an
incident. If you have been in a crash or committed a moving violation
and the law enforcement officer has probable cause to believe
that your ability to operate a motor vehicle is impaired by alcohol, the
officer can require you to provide a sample of your breath on a portable
(preliminary) breath testing instrument. Refusal to submit to preliminary
breath testing is an infraction.