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Alaska driving lesson · Alcohol, Drugs & Implied Consent

Implied consent & BAC limits

A 3-minute lesson from the Alaska course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
3 minutes
Course unit
Alcohol, Drugs & Implied Consent
Checkpoint questions
6
Source pages
17, 18, 20

By driving in Alaska you have already agreed to a chemical breath test if you're lawfully arrested for DUI. Refusing doesn't get you out of trouble; it adds a second charge.

Implied consent

When you operate or drive a motor vehicle in Alaska, you consent to a chemical test of your breath to determine the alcohol concentration of your blood or breath.

Handbook p. 18 ↗

The implied consent law allows officers to:

  • Require a breath sample for alcohol testing after a lawful arrest for DUI
  • Require blood or urine (alcohol or drug test) after a crash causing death or serious injury to another
  • Give a preliminary breath test at the scene of an incident
Handbook p. 18 ↗

Know the rule

If you've been in a crash or committed a moving violation and the officer has probable cause to believe alcohol impairs your driving, the officer can require a portable (preliminary) breath test.

Handbook p. 18 ↗

Know the rule

Refusing a preliminary breath test is an infraction.

Handbook p. 18 ↗

Know the rule

Refusing chemical testing after a lawful arrest can be a misdemeanor or a felony, depending on your number of prior DUI offenses.

Handbook p. 18 ↗

Know the rule

Refusal results in two criminal charges, DUI and Refusal, which the court can treat separately.

Handbook p. 18 ↗

Know the rule

During a revocation for refusing a chemical test there is no limited "work purpose" driving privilege.

Handbook p. 18 ↗

Alcohol limits

Alcohol limits
DriverLimit
Any driver.08 or more = presumed under the influence
Commercial motor vehicleBreath test .04 or higher = revocation
Under 21Any amount of alcohol is an offense
Handbook p. 20 ↗
.08

Breath or blood alcohol concentration at which you're presumed to be driving under the influence

Handbook p. 20 ↗

Put it into practice

You're pulled over for weaving and the officer smells alcohol. Refusing the roadside portable breath test is an infraction. If you're then arrested and refuse the breath test at the station, you face two charges: DUI and Refusal.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

Under Alaska's implied consent law, operating a vehicle means you consent to what?
  1. A vehicle inspection at any time
  2. A background check by police
  3. A chemical test of your breath for alcohol concentration
  4. A search of your vehicle

Answer: A chemical test of your breath for alcohol concentration

Driving in Alaska implies consent to a breath test to determine alcohol concentration.

Handbook p. 18 ↗
At what BAC are you presumed to be driving under the influence in a non-commercial vehicle?
  1. 0.04% or more
  2. 0.10% or more
  3. 0.06% or more
  4. 0.08% or more

Answer: 0.08% or more

A breath or blood alcohol concentration of .08 or more creates a presumption of DUI.

Handbook p. 20 ↗
When can a law enforcement officer require a blood or urine test instead of a breath test?
  1. Any time you are pulled over for speeding
  2. If you are involved in a crash causing death or serious injury
  3. Only if you consent in writing beforehand
  4. Only during a vehicle equipment inspection

Answer: If you are involved in a crash causing death or serious injury

Blood or urine testing is allowed when a crash causes death or serious physical injury.

Handbook p. 18 ↗
What can happen if you refuse a chemical test after a lawful DUI arrest?
  1. It is treated as a minor infraction only
  2. You only lose your right to a hearing
  3. You can face a criminal misdemeanor or felony charge
  4. Your license is suspended for 30 days only

Answer: You can face a criminal misdemeanor or felony charge

Refusal after a lawful arrest can be charged as a criminal misdemeanor or felony.

Handbook p. 18 ↗
How many separate criminal charges can result from refusing a chemical test after a DUI arrest?
  1. Only one combined charge
  2. Three: DUI, Refusal, and Reckless Driving
  3. None, refusal replaces the DUI charge
  4. Two: DUI and Refusal

Answer: Two: DUI and Refusal

Refusal creates two charges, DUI and Refusal, which the court can treat separately.

Handbook p. 18 ↗
Refusing a preliminary breath test at the scene of an incident is an infraction.
  1. True
  2. False

Answer: True

Refusal to submit to preliminary breath testing is an infraction.

Handbook p. 18 ↗
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