Section 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.
   (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who is unconscious or otherwise in a condition rendering that person incapable of refusal is considered not to have withdrawn the consent provided under AS 28.33.031(a) or AS 28.35.031(a) or (g) and a chemical test may be administered to determine the amount of alcohol in that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 AS 28.35.032.

Authorities

9.65.095;28.33.031;28.35.032

Notes

Implemented As

13 AAC 63.110
13 AAC 63.120

References

AS 9.65.095 .095">Sec. 09.65.095. Liability for administration of blood test.
AS 28.33.031 Implied consent for operators of commercial motor vehicles.
AS 28.35.032 Refusal to submit to chemical test.

History

(Sec. 21 ch 117 SLA 1982; am Sec. 22 ch 77 SLA 1983; am Sec. 29 ch 119 SLA 1990; am Sec. 36 ch 21 SLA 1991; am Sec. 28 ch 3 SLA 1992; am Sec. 12, 13 ch 55 SLA 1994; am Sec. 47 ch 60 SLA 2002)