(a) A person who operates a commercial motor vehicle in this state is considered to have given consent to a chemical test or tests

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 90 daysup to $2,000
For details, see Alaska Stat. § 12.55.135
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Terms Used In Alaska Statutes 28.33.031

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • commercial motor vehicle: means a motor vehicle or a combination of a motor vehicle and one or more other vehicles
    (A) used to transport passengers or property. See Alaska Statutes 28.90.990
  • department: means the Department of Administration. See Alaska Statutes 28.90.990
  • motor vehicle: means a vehicle which is self-propelled except a vehicle moved by human or animal power. See Alaska Statutes 28.90.990
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • physical injury: has the meaning given in Alaska Stat. See Alaska Statutes 28.90.990
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • serious physical injury: has the meaning given in Alaska Stat. See Alaska Statutes 28.90.990
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Statute: A law passed by a legislature.
  • vehicle: means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area. See Alaska Statutes 28.90.990
(1) of the person’s breath if lawfully arrested for an offense arising out of acts alleged to have been committed when the person was operating the commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance; 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 a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance in violation of Alaska Stat. § 28.33.030 or Alaska Stat. § 28.35.030;
(2) of the person’s breath and blood for the purpose of determining the alcoholic content of the person’s breath and blood and is 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 a commercial motor vehicle that was involved in an accident causing death or serious physical injury to another person.
(b) Refusal to submit to a chemical test authorized under this section is punishable under Alaska Stat. § 28.35.032. A chemical test may be administered without consent under Alaska Stat. § 28.35.035. A person who is disqualified as the result of department action under Alaska Stat. § 28.15.165, following a test administered under this section, can obtain review of that action under Alaska Stat. § 28.15.166.
(c) A person who operates a commercial motor vehicle is considered to have given consent to a preliminary breath test, at the direction of a law enforcement officer, 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 if the officer has probable cause to believe that the person’s ability to operate a commercial motor vehicle is impaired by the ingestion of alcoholic beverages and that

(1) the commercial motor vehicle caused injury to person or property;
(2) the person violated the provisions of Alaska Stat. § 28.33.130(a) or violated the terms of an out-of-service order issued under Alaska Stat. § 28.33.130; or
(3) the person unlawfully operated a commercial motor vehicle; in this paragraph, “unlawfully” means in violation of any federal, state, or municipal statute, regulation, or ordinance.
(d) Before administering a preliminary breath test under (c) 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 a misdemeanor. If the person refuses to submit to the test, the test may not be administered.
(e) The result of the preliminary test under (c) of this section may be used by the law enforcement officer to determine whether the operator should be arrested. If an operator is arrested, the provisions of (a) of this section apply. The preliminary breath test authorized under (c) of this section is in addition to any chemical tests authorized under (a) of this section.
(f) Refusal to submit to a preliminary breath test at the request of a law enforcement officer is a class B misdemeanor.
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