Section 28.35.285. Minor's refusal to submit to chemical test.

   (a) If a person under arrest for minor operating a vehicle after consuming alcohol refuses the request of a peace officer to submit to a chemical test or tests of the person's breath authorized under AS 28.35.031(a) and 28.35.280(a), after being advised by the officer that the refusal will result in the denial or revocation of the driver's license, privilege to drive, or privilege to obtain a license, that the refusal may be used against the person in a civil or criminal action or proceeding arising out of an act alleged to have been committed by the person while operating a vehicle after consuming alcohol, and that the refusal is a violation, a chemical test may not be given.
   (b) 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.
   (c) The refusal of a minor to submit to a chemical test authorized under AS 28.35.031(a) and 28.35.280(a) is admissible evidence in a civil or criminal action or proceeding arising out of an act alleged to have been committed by the person while operating a vehicle after consuming alcohol.
   (d) Refusal to submit to a chemical test or tests of the person's breath requested under AS 28.35.280 is an infraction, and, if the minor
        (1) has not been previously convicted under this section, AS 28.35.280, 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 28.35.280, 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 28.35.280, 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.

Authorities

28.15.183;28.15.184;28.35.280;28.35.290

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 28.35.280 Minor operating a vehicle after consuming alcohol.
AS 28.35.290 Driving during the 24 hours after being cited for alcohol or breath test offenses.

History

(Sec. 13 ch 143 SLA 1996; am Sec. 2 ch 128 SLA 2004)