Section 28.35.290. Driving during the 24 hours after being cited for alcohol or breath test offenses.

   (a) A person who has been cited for minor operating a vehicle after consuming alcohol under AS 28.35.280 or for refusal to submit to a chemical test of breath under AS 28.35.285 may not operate a motor vehicle, aircraft, or watercraft during the 24 hours following issuance of the citation.
   (b) Operating a motor vehicle during the 24 hours after being cited for minor operating a vehicle after consuming alcohol or for minor's refusal to submit to a chemical test is an infraction, and, if the minor
        (1) has not been previously convicted under this section, AS 28.35.280, or 28.35.285, 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 28.35.285, 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 28.35.285, 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.
   (c) 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;28.35.280;28.35.285

Notes

References

AS 28.15.183 Administrative revocation of license to drive.
AS 28.35.280 Minor operating a vehicle after consuming alcohol.
AS 28.35.285 Minor's refusal to submit to chemical test.

History

(Sec. 13 ch 143 SLA 1996; am Sec. 3 ch 128 SLA 2004)