Alaska Stat. » Chapter 28.40
Alaska Statutes

Alaska Stat. § 28.40.060 (2026)

[Renumbered as

✓ current as of July 2026
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Sec. 28.40.060. [Renumbered as AS 28.90.020.]
Notes of Decisions
Cited in 6 cases, 1999–2020 · leading case: Bushnell v. State, 5 P.3d 889 (Alaska Ct. App. 2000).
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Bushnell v. State, 5 P.3d 889 (Alaska Ct. App. 2000). · cites it 68× “Bushnell argues that AS 28.40.060 violates his due process rights because it allows the Department of Public Safety to approve any instrument, even one which is very inaccurate, to establish his level of intoxication.”
Conrad v. State, 54 P.3d 313 (Alaska Ct. App. 2002). · cites it 5× “Anchorage, 2 we were called upon to construe the meaning of AS 28.40.060, a statute that declares that a driver's chemical test result is not to be adjusted to account for the testing instrument's margin of error.”
Motor Veh. Admin. v. Lytle, 821 A.2d 62 (Md. 2003). · cites it 2× “280, if an offense described under this title requires that a chemical test of a person’s breath produce a particular result, and the chemical test is administered by a properly calibrated instrument approved by the Department of Public Safety, the result described by statute is…”
Mangiapane v. Mun. of Anchorage, 974 P.2d 427 (Alaska Ct. App. 1999). · cites it 2× “The Alaska Legislature reacted to the Haynes decision by enacting AS 28.40.060. Under this statute, if an offense described [in Title 28] requires that a chemical test of a person’s breath produce a particular result, and [if] the chemical test is administered by a properly…”
Jason Barnebey v. State of Alaska, Dep't of Admin., Div. of Motor Vehs., 473 P.3d 682 (Alaska 2020). · cites it 3× “020, provides that “if an offense described under [Title 28] requires that a chemical test of a person’s breath produce a particular result, and the chemical test is administered by a properly calibrated instrument approved by the Department of Public Safety, the result…”
Blank v. State, 142 P.3d 1210 (Alaska Ct. App. 2006). “AS 28.40.060. . AS 28.35.033(d). . AS 28.”
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