Section 28.33.031. Implied consent for operators of commercial motor vehicles.

   (a) A person who operates a commercial motor vehicle in this state is considered to have given consent to a chemical test or tests
        (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 AS 28.33.030 or AS 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 AS 28.35.032. A chemical test may be administered without consent under AS 28.35.035. A person who is disqualified as the result of department action under AS 28.15.165, following a test administered under this section, can obtain review of that action under AS 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 AS 28.33.130(a) or violated the terms of an out-of-service order issued under AS 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.

Authorities

28.15.165;28.15.166;28.15.181;28.35.032;28.35.035

Notes

Recent Bills that will modify this

HB 162 DMV REVOCATION OF DRIVER'S LICENSE

References

2 AAC 90.440
AS 28.15.165 Administrative revocations and disqualifications resulting from chemical sobriety tests and refusals to submit to tests.
AS 28.15.166 Administrative review of revocation.
AS 28.15.181 Court suspensions, revocations, and limitations.
AS 28.35.032 Refusal to submit to chemical test.
AS 28.35.035 Administration of chemical tests without consent.

History

(Sec. 15 ch 3 SLA 1992; am Sec. 5 ch 55 SLA 1994; am Sec. 22, 23 ch 60 SLA 2002)