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Implied Consent

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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.