Section 28.35.280. Minor operating a vehicle after consuming alcohol.

   (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
        (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 AS 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, AS 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, AS 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, AS 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 AS 28.35.030(u);
        (2) "operate a watercraft" has the meaning given in AS 28.35.030(u).

Authorities

28.15.183;28.15.184;28.35.031;28.35.285;28.35.290;28.90.020

Notes

References

AS 28.15.183 Administrative revocation of license to drive.
AS 28.15.184 Administrative review of revocation of a minor's license.
AS 28.35.031 Implied consent.
AS 28.35.285 Minor's refusal to submit to chemical test.
AS 28.35.290 Driving during the 24 hours after being cited for alcohol or breath test offenses.
AS 28.90.020 Breath test result validity.

History

(Sec. 13 ch 143 SLA 1996; am Sec. 1 ch 128 SLA 2004)