Sec. 28.35.037. Remission of forfeitures.
(a) Upon receiving notice from the court of the time and place set for a hearing under AS 28.35.036, the state shall provide to every person who has an ascertainable ownership or security interest in the motor vehicle, aircraft, or watercraft written notice that includes (1) a description of the motor vehicle, aircraft, or watercraft; […]
Sec. 28.35.039. Definitions for AS 28.35.029 – 28.35.039.
In AS 28.35.029 – 28.35.039, (1) “alcohol safety action program” means a program for alcohol and substance abuse screening, referral, and monitoring developed and implemented or approved by the Department of Health under AS 47.37; (2) “controlled substance” has the meaning given in AS 28.33.190.
Sec. 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 […]
Sec. 28.35.036. Forfeiture of vehicle, aircraft, or watercraft.
(a) After conviction of an offense under AS 28.15.291(b), AS 28.35.030, or 28.35.032, a motor vehicle, aircraft, or watercraft involved in the commission of the offense is subject to forfeiture as provided under AS 28.15.291(b), AS 28.35.030, and 28.35.032. (b) Before forfeiture of a motor vehicle, aircraft, or watercraft, the court shall schedule a hearing […]
Sec. 28.35.028. Court-ordered treatment.
(a) Notwithstanding another provision of law, with the consent of the state and the defendant, the court may elect to proceed in a criminal case under AS 04.16.200(b) or (e), AS 28.35.030, or 28.35.032, including the case of a defendant charged with violating the terms of probation, under the procedure provided in this section and […]
Sec. 28.35.029. Open container.
(a) A person may not drive a motor vehicle on a highway or vehicular way or area, when there is an open bottle, can, or other receptacle containing an alcoholic beverage in the passenger compartment of the vehicle, except as provided in (b) of this section. (b) Except as provided in AS 28.33.130, a person […]
Sec. 28.35.030. Operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance.
(a) A person commits the crime of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates or drives a motor vehicle or operates an aircraft or a watercraft (1) while under the influence of an alcoholic beverage, intoxicating liquor, inhalant, or any controlled substance, singly or in […]
Sec. 28.35.031. Implied consent.
(a) A person who operates or drives a motor vehicle in this state or who operates an aircraft as defined in AS 28.35.030(w) or who operates a watercraft as defined in AS 28.35.030(w) shall be considered to have given consent to a chemical test or tests of the person’s breath for the purpose of determining […]
Sec. 28.35.032. Refusal to submit to chemical test.
(a) If a person under arrest for operating a motor vehicle or aircraft while under the influence of an alcoholic beverage, inhalant, or controlled substance refuses the request of a law enforcement officer to submit to a chemical test authorized under AS 28.33.031(a)(1) or AS 28.35.031(a), or if a person involved in a motor vehicle […]
Sec. 28.35.033. Presumptions and chemical analysis of breath or blood.
(a) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating or driving a motor vehicle or operating an aircraft or a watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, the amount of alcohol in […]