Alaska Statutes
Alaska Stat. § 28.35.035 (2026)
Administration of chemical tests without consent
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Sec. 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who is unconscious or otherwise in a condition rendering that person incapable of refusal is considered not to have withdrawn the consent provided under AS 28.33.031(a) or AS 28.35.031(a) or (g) and a chemical test may be administered to determine the amount of alcohol in that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.
(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who is unconscious or otherwise in a condition rendering that person incapable of refusal is considered not to have withdrawn the consent provided under AS 28.33.031(a) or AS 28.35.031(a) or (g) and a chemical test may be administered to determine the amount of alcohol in that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.
Notes of Decisions
Cited in 24
cases, 1982–2020 · leading case: Mun. of Anchorage v. Ray, 854 P.2d 740 (Alaska Ct. App. 1993).
Mun. of Anchorage v. Ray, 854 P.2d 740 (Alaska Ct. App. 1993). “032(a) and enacted AS 28.35.035. Section 032(a) now reads: If a person under arrest refuses the request of a law enforcement officer to submit to a chemical test under .”
Pena v. State, 684 P.2d 864 (Alaska 1984). “In 1982 and 1983, after the arrests of Pena and Rychart, the legislature enacted and amended the Implied Consent Statute by passing AS 28.35.035, which provides: ADMINISTRATION OF CHEMICAL TESTS WITHOUT CONSENT.”
Bass v. Mun. of Anchorage, 692 P.2d 961 (Alaska Ct. App. 1984). “2 If one arrested for driving while intoxicated refuses to *964 take a blood test, after being informed of the consequences of such refusal, “a chemical test shall not be given, except as provided by AS 28.35.035.” AS 28.35.032. 3 AS 28.35.035 provides in part: Administration of…”
Copelin v. State, 659 P.2d 1206 (Alaska 1983). “35 by adding a new section, AS 28.35.035. Under subsection (a) of this new section, an arrestee who causes death or physical injury to another person no longer has the ability to refuse chemical testing of his blood or breath.”
State v. DiStefano, 764 A.2d 1156 (R.I. 2000). “[18] Alaska Stat. § 28.35.035 (1998), "Administration of chemical tests without consent.”
Sosa v. State, 4 P.3d 951 (Alaska 2000). “AS 28.35.035(b). Subsection (b) provides: 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.”
McCracken v. State, 685 P.2d 1275 (Alaska Ct. App. 1984). “031 after being advised by the officer that the refusal will, if that person was arrested while operating or driving a motor vehicle, result in the suspension, denial or revocation of the license or nonresident privilege to drive, that the refusal may be used against the person…”
Pruitt v. State, Dep't of Pub. Saf., Div. of Motor Vehs., 825 P.2d 887 (Alaska 1992). “icer that the refusal will, if that person was arrested while operating or driving a motor vehicle for which a driver’s license is required, result in the denial or revocation of the license or nonresident privilege to drive, that the refusal may be used against the person in a…”
Suiter v. State, 785 P.2d 28 (Alaska Ct. App. 1989). “privilege to drive, that the refusal may be used against the person in a civil or criminal action or proceeding arising out of an a act alleged to have been committed by the person while operating or driving a motor vehicle or operating an aircraft or a watercraft while…”
State v. Evans, 378 P.3d 413 (Alaska Ct. App. 2016). “AS 28.35.035(c) (permitting the police to administer a non-consensual chemical test to a person lawfully arrested for DUI who is involved in an injury accident and who refuses to submit to a breath test but also providing that if the non-consensual chemical test is administered…”
McCormick v. Mun. of Anchorage, 999 P.2d 155 (Alaska Ct. App. 2000). “The Pena decision was later modified by the enactment of AS 28.35.035, but this statute does not apply to McCormick's case.”
Pena v. State, 664 P.2d 169 (Alaska Ct. App. 1983). “In this regard, the state’s position is severely undercut by the legislature’s recent enactment of AS 28.35.035, which expressly provides that a nonconsensual test for blood alcohol content may be administered in cases where the defendant is under arrest for driving while…”
Alaska Stat. § 28.35.035(a): 5 cases
Mun. of Anchorage v. Ray, 854 P.2d 740 (Alaska Ct. App. 1993). “032(a) and enacted AS 28.35.035. Section 032(a) now reads: If a person under arrest refuses the request of a law enforcement officer to submit to a chemical test under .”
Copelin v. State, 659 P.2d 1206 (Alaska 1983). “35 by adding a new section, AS 28.35.035. Under subsection (a) of this new section, an arrestee who causes death or physical injury to another person no longer has the ability to refuse chemical testing of his blood or breath.”
Bass v. Mun. of Anchorage, 692 P.2d 961 (Alaska Ct. App. 1984). “2 If one arrested for driving while intoxicated refuses to *964 take a blood test, after being informed of the consequences of such refusal, “a chemical test shall not be given, except as provided by AS 28.35.035.” AS 28.35.032. 3 AS 28.35.035 provides in part: Administration of…”
Greenawalt v. Mun. of Anchorage, 692 P.2d 983 (Alaska Ct. App. 1985).
Hamilton v. Mun. of Anchorage, 878 P.2d 653 (Alaska Ct. App. 1994).
Alaska Stat. § 28.35.035(b): 3 cases
Bass v. Mun. of Anchorage, 692 P.2d 961 (Alaska Ct. App. 1984). “2 If one arrested for driving while intoxicated refuses to *964 take a blood test, after being informed of the consequences of such refusal, “a chemical test shall not be given, except as provided by AS 28.35.035.” AS 28.35.032. 3 AS 28.35.035 provides in part: Administration of…”
Sosa v. State, 4 P.3d 951 (Alaska 2000). “AS 28.35.035(b). Subsection (b) provides: 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.”
Mun. of Anchorage v. Ray, 854 P.2d 740 (Alaska Ct. App. 1993). “032(a) and enacted AS 28.35.035. Section 032(a) now reads: If a person under arrest refuses the request of a law enforcement officer to submit to a chemical test under .”
Alaska Stat. § 28.35.035(c): 1 case
State v. Evans, 378 P.3d 413 (Alaska Ct. App. 2016). “AS 28.35.035(c) (permitting the police to administer a non-consensual chemical test to a person lawfully arrested for DUI who is involved in an injury accident and who refuses to submit to a breath test but also providing that if the non-consensual chemical test is administered…”
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