Alaska Statutes
Alaska Stat. § 28.90.020 (2026)
Breath test result validity
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 28.90.020. Breath test result validity.
Except for an offense under AS 28.35.280, 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 not affected by the instrument's working tolerance.
Except for an offense under AS 28.35.280, 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 not affected by the instrument's working tolerance.
Notes of Decisions
Cited in 2
cases, 2012–2020 · leading case: McCarthy v. State, 285 P.3d 285 (Alaska Ct. App. 2012).
McCarthy v. State, 285 P.3d 285 (Alaska Ct. App. 2012). “Judge Miller ruled that these calibration reports were irrelevant-because the testing variations shown in these reports were all within the acceptable working tolerance of the Datamaster, and because, under AS 28.90.020, it is irrelevant whether a Datamas-ter machine has testing…”
Jason Barnebey v. State of Alaska, Dep't of Admin., Div. of Motor Vehs., 473 P.3d 682 (Alaska 2020). “”15 And since 1996, AS 28.90.020 clarifies that “the result described by statute is not affected by the [testing] instrument’s working tolerance.”
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