Alaska Statutes
Alaska Stat. § 28.35.080 (2026)
Immediate notice of accident
✓ current as of July 2026
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Sec. 28.35.080. Immediate notice of accident.
(a) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent extent of $2,000 or more shall immediately by the quickest means of communication give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the Department of Public Safety.
(b) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent extent of $2,000 or more shall, within 10 days after the accident, forward a written or electronic report of the accident to the Department of Administration and to the local police department if the accident occurs within a municipality. A report is not required under this subsection if the accident is investigated by a peace officer.
(c) The form of accident report required under (b) of this section can be obtained from the department's Internet website, any local police department, or the Department of Public Safety.
(d) The Department of Administration may require the driver of a vehicle involved in an accident of which a report must be made to file supplemental reports whenever the original report is insufficient in the opinion of that department.
(e) Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident for which a report must be made, either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses, shall, within 24 hours after completing the investigation, forward an electronic report of the accident to the Department of Administration. However, the law enforcement officer may submit a written report if the law enforcement agency employing the officer has received an exemption from the Department of Public Safety because the law enforcement agency does not have the technological capacity to submit reports of motor vehicle accidents electronically. The commissioner of public safety shall notify the Department of Administration of the exemption and the period for which the exemption was granted under this subsection.
(f) An accident report is not required under this section from a person who is physically incapable of making the report during the period of incapacity.
(g) The Department of Administration shall consider accident reports under this section to satisfy any requirements for reporting of motor vehicle crashes in the state.
(a) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent extent of $2,000 or more shall immediately by the quickest means of communication give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the Department of Public Safety.
(b) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent extent of $2,000 or more shall, within 10 days after the accident, forward a written or electronic report of the accident to the Department of Administration and to the local police department if the accident occurs within a municipality. A report is not required under this subsection if the accident is investigated by a peace officer.
(c) The form of accident report required under (b) of this section can be obtained from the department's Internet website, any local police department, or the Department of Public Safety.
(d) The Department of Administration may require the driver of a vehicle involved in an accident of which a report must be made to file supplemental reports whenever the original report is insufficient in the opinion of that department.
(e) Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident for which a report must be made, either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses, shall, within 24 hours after completing the investigation, forward an electronic report of the accident to the Department of Administration. However, the law enforcement officer may submit a written report if the law enforcement agency employing the officer has received an exemption from the Department of Public Safety because the law enforcement agency does not have the technological capacity to submit reports of motor vehicle accidents electronically. The commissioner of public safety shall notify the Department of Administration of the exemption and the period for which the exemption was granted under this subsection.
(f) An accident report is not required under this section from a person who is physically incapable of making the report during the period of incapacity.
(g) The Department of Administration shall consider accident reports under this section to satisfy any requirements for reporting of motor vehicle crashes in the state.
Notes of Decisions
Cited in 24
cases, 1966–2015 · leading case: Parnell v. Peak Oilfield Serv. Co., 174 P.3d 757 (Alaska 2008).
Parnell v. Peak Oilfield Serv. Co., 174 P.3d 757 (Alaska 2008). “Negligence per se for violating AS 28.35.080 Parnell builds her theory of negligence per se around AS 28.”
Valentine v. State, 155 P.3d 331 (Alaska Ct. App. 2007). “The State charged Valentine under both theories *336 in AS 28.35.080: it alleged that Valentine was "under the influence" at the time of driving under subsection (a)(1), and that a chemical test showed that his "blood alcohol" level was above the legal limit under subsection…”
Wylie v. State, 797 P.2d 651 (Alaska Ct. App. 1990). “060, and failure to contact the authorities, AS 28.35.080, violate double jeopardy because the felony offense of failure to assist is a lesser-in-eluded offense of the misdemeanor failure to stop and failure to contact the authorities.”
Creary v. State, 663 P.2d 226 (Alaska Ct. App. 1983). “DISCUSSION The statute which requires the accident report is AS 28.35.080. It reads in relevant part: Immediate notice of accident, (a) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent…”
Valentine v. State, 215 P.3d 319 (Alaska 2009). “First, the legislature amended subsection (a)(2) of AS 28.35.080 to provide that a person commits a DUI offense if the person takes a chemical test within four hours of driving that detects a blood alcohol level of at least 0.”
Rutherford v. State, 605 P.2d 16 (Alaska 1979). “The section in this same chapter which is concerned with reports made by law em forcement officers is AS 28.35.080(e), which provides: (e) Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident for which a report must be made,…”
Adkins v. Lester, 530 P.2d 11 (Alaska 1974). “An objection to the testimony was sustained by the trial court on the grounds that the accident report and the officer’s conclusions were privileged under AS 28.35.080(c) 8 and AS 28.35.120. 9 Because of this ruling, the court did not rule upon Burnett’s qualifications to…”
State v. Simpson, 53 P.3d 165 (Alaska Ct. App. 2002). “The superior court agreed with Simpson and, for that reason, concluded that Simpson's Montana convictions for driving under the influence did not qualify as prior convictions under AS 28.35.080(0)(4). The court therefore dismissed Simpson's indictment for felony DWL For the…”
Kaps Transp., Inc. v. Henry, 572 P.2d 72 (Alaska 1977). “I Pursuant to AS 28.35.080, Alaska State Trooper Roy Sagraves, who was dispatched to the accident scene, prepared an official report of the accident.”
Ned v. State, 119 P.3d 438 (Alaska Ct. App. 2005). “08 percent at the time of the accident-and that, therefore, Ned was driving under the influence as that offense is defined in AS 28.35.080(2)(2). Ned has failed to show that there is any reasonable possibility that the decision on this question would have been different if the…”
Phillips v. State, 330 P.3d 941 (Alaska Ct. App. 2014). “Prior to 1995, AS 28.35.080 required the elements of the out-of-state DUI statute to be *943 "substantially similar" to its Alaska counterpart.”
Bushnell v. State, 5 P.3d 889 (Alaska Ct. App. 2000). “165(c), requires the Department of Public Safety to suspend or revoke a person's driver's license "if a chemical test [administered in connection with a DWI arrest] produced a result described in AS 28.35.080(a)(2)"-that is, a result of .”
— Alaska Stat. § 28.35.080(0)(4) — 1 case
State v. Simpson, 53 P.3d 165 (Alaska Ct. App. 2002). “The superior court agreed with Simpson and, for that reason, concluded that Simpson's Montana convictions for driving under the influence did not qualify as prior convictions under AS 28.35.080(0)(4). The court therefore dismissed Simpson's indictment for felony DWL For the…”
— Alaska Stat. § 28.35.080(2)(2) — 2 cases
Ned v. State, 119 P.3d 438 (Alaska Ct. App. 2005). “08 percent at the time of the accident-and that, therefore, Ned was driving under the influence as that offense is defined in AS 28.35.080(2)(2). Ned has failed to show that there is any reasonable possibility that the decision on this question would have been different if the…”
Valentine v. State, 215 P.3d 319 (Alaska 2009). “First, the legislature amended subsection (a)(2) of AS 28.35.080 to provide that a person commits a DUI offense if the person takes a chemical test within four hours of driving that detects a blood alcohol level of at least 0.”
— Alaska Stat. § 28.35.080(a) — 9 cases
Wylie v. State, 797 P.2d 651 (Alaska Ct. App. 1990). “060, and failure to contact the authorities, AS 28.35.080, violate double jeopardy because the felony offense of failure to assist is a lesser-in-eluded offense of the misdemeanor failure to stop and failure to contact the authorities.”
Parnell v. Peak Oilfield Serv. Co., 174 P.3d 757 (Alaska 2008). “Negligence per se for violating AS 28.35.080 Parnell builds her theory of negligence per se around AS 28.”
Majaev v. State, 223 P.3d 629 (Alaska 2010).
Valentine v. State, 155 P.3d 331 (Alaska Ct. App. 2007). “The State charged Valentine under both theories *336 in AS 28.35.080: it alleged that Valentine was "under the influence" at the time of driving under subsection (a)(1), and that a chemical test showed that his "blood alcohol" level was above the legal limit under subsection…”
Foondle v. O'Brien, 346 P.3d 970 (Alaska 2015).
— Alaska Stat. § 28.35.080(a)(1) — 2 cases
Valentine v. State, 155 P.3d 331 (Alaska Ct. App. 2007). “The State charged Valentine under both theories *336 in AS 28.35.080: it alleged that Valentine was "under the influence" at the time of driving under subsection (a)(1), and that a chemical test showed that his "blood alcohol" level was above the legal limit under subsection…”
Baker v. State, 182 P.3d 655 (Alaska Ct. App. 2008).
— Alaska Stat. § 28.35.080(a)(2) — 3 cases
Valentine v. State, 215 P.3d 319 (Alaska 2009). “First, the legislature amended subsection (a)(2) of AS 28.35.080 to provide that a person commits a DUI offense if the person takes a chemical test within four hours of driving that detects a blood alcohol level of at least 0.”
Bushnell v. State, 5 P.3d 889 (Alaska Ct. App. 2000). “165(c), requires the Department of Public Safety to suspend or revoke a person's driver's license "if a chemical test [administered in connection with a DWI arrest] produced a result described in AS 28.35.080(a)(2)"-that is, a result of .”
Morris v. State, Dep't of Admin., Div. of Motor Vehs., 186 P.3d 575 (Alaska 2008).
— Alaska Stat. § 28.35.080(a2)(2) — 1 case
Bushnell v. State, 5 P.3d 889 (Alaska Ct. App. 2000). “165(c), requires the Department of Public Safety to suspend or revoke a person's driver's license "if a chemical test [administered in connection with a DWI arrest] produced a result described in AS 28.35.080(a)(2)"-that is, a result of .”
— Alaska Stat. § 28.35.080(b) — 1 case
Creary v. State, 663 P.2d 226 (Alaska Ct. App. 1983). “DISCUSSION The statute which requires the accident report is AS 28.35.080. It reads in relevant part: Immediate notice of accident, (a) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent…”
— Alaska Stat. § 28.35.080(c) — 1 case
Adkins v. Lester, 530 P.2d 11 (Alaska 1974). “An objection to the testimony was sustained by the trial court on the grounds that the accident report and the officer’s conclusions were privileged under AS 28.35.080(c) 8 and AS 28.35.120. 9 Because of this ruling, the court did not rule upon Burnett’s qualifications to…”
— Alaska Stat. § 28.35.080(e) — 3 cases
Rutherford v. State, 605 P.2d 16 (Alaska 1979). “The section in this same chapter which is concerned with reports made by law em forcement officers is AS 28.35.080(e), which provides: (e) Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident for which a report must be made,…”
Adkins v. Lester, 530 P.2d 11 (Alaska 1974). “An objection to the testimony was sustained by the trial court on the grounds that the accident report and the officer’s conclusions were privileged under AS 28.35.080(c) 8 and AS 28.35.120. 9 Because of this ruling, the court did not rule upon Burnett’s qualifications to…”
Menard v. Acevedo, 418 P.2d 766 (Alaska 1966).
— Alaska Stat. § 28.35.080(n) — 2 cases
Clark v. State, 8 P.3d 1149 (Alaska Ct. App. 2000).
Bradley v. State, 197 P.3d 209 (Alaska Ct. App. 2008).
— Alaska Stat. § 28.35.080(s) — 1 case
Valentine v. State, 155 P.3d 331 (Alaska Ct. App. 2007). “The State charged Valentine under both theories *336 in AS 28.35.080: it alleged that Valentine was "under the influence" at the time of driving under subsection (a)(1), and that a chemical test showed that his "blood alcohol" level was above the legal limit under subsection…”
— Alaska Stat. § 28.35.080(t)(4)(A) — 1 case
Molina v. State, 186 P.3d 28 (Alaska Ct. App. 2008).
— Alaska Stat. § 28.35.080(u)(4)(A) — 1 case
Phillips v. State, 330 P.3d 941 (Alaska Ct. App. 2014). “Prior to 1995, AS 28.35.080 required the elements of the out-of-state DUI statute to be *943 "substantially similar" to its Alaska counterpart.”
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