(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

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Terms Used In Alaska Statutes 28.35.280

  • Arrest: Taking physical custody of a person by lawful authority.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • motor vehicle: means a vehicle which is self-propelled except a vehicle moved by human or animal power. See Alaska Statutes 28.90.990
  • peace officer: means
    (A) an officer of the state troopers. See Alaska Statutes 01.10.060
  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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) 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.
(c) A person who is cited for violating this section shall be advised by a peace officer that it is unlawful under Alaska Stat. § 28.35.290 for the person to operate a motor vehicle, aircraft, or watercraft during the 24 hours following the issuance of the citation.
(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, Alaska Stat. § 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, Alaska Stat. § 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, Alaska Stat. § 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 Alaska Stat. § 28.35.030(w);
(2) “operate a watercraft” has the meaning given in Alaska Stat. § 28.35.030(w).
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