Alaska Statutes 28.35.035 – Administration of chemical tests without consent

(a) If a person is under arrest for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, and that arrest results from an accident that causes death or physical injury to another person, a chemical test may be administered without the consent of the person arrested to determine the amount of alcohol in that person’s breath or blood or to determine the presence of controlled substances in that person’s blood and urine.

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Terms Used In Alaska Statutes 28.35.035

Arrest: Taking physical custody of a person by lawful authority.
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

(b) A person who is unconscious or otherwise in a condition rendering that person incapable of refusal is considered not to have withdrawn the consent provided under Alaska Stat. § 28.33.031(a) or Alaska Stat. § 28.35.031(a) or (g) and a chemical test may be administered to determine the amount of alcohol in that person’s breath or blood or to determine the presence of controlled substances in that person’s blood and urine. A person who is unconscious or otherwise incapable of refusal need not be placed under arrest before a chemical test may be administered.

(c) If a chemical test is administered to a person under (a) or (b) of this section, that person is not subject to the penalties for refusal to submit to a chemical test provided by Alaska Stat. § 28.35.032.

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