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- Alaska Statutes.
- Title 28. Motor Vehicles
- Chapter 35. Offenses and Accidents
- Section 33. Presumptions and Chemical Analysis of Breath or Blood.
previous: Section 32
. Refusal to Submit to Chemical Test.
next: Section 34
. Surrender of License or Permit.
AS 28.35.033. Presumptions and Chemical Analysis of Breath or Blood.
- (a) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a
person while operating or driving a motor vehicle or operating an aircraft or a watercraft while under the influence of
an alcoholic beverage, inhalant, or controlled substance, the amount of alcohol in the person's blood or breath at the
time alleged shall give rise to the following presumptions:
- (1) If there was 0.04 percent or less by weight of alcohol in the person's blood, or 40 milligrams or less of alcohol per
100 milliliters of the person's blood, or 0.04 grams or less of alcohol per 210 liters of the person's breath, it shall
be presumed that the person was not under the influence of an alcoholic beverage.
- (2) If there was in excess of 0.04 percent but less than 0.08 percent by weight of alcohol in the person's blood, or in
excess of 40 but less than 80 milligrams of alcohol per 100 milliliters of the person's blood, or in excess of 0.04
grams but less than 0.08 grams of alcohol per 210 liters of the person's breath, that fact does not give rise to any
presumption that the person was or was not under the influence of an alcoholic beverage, but that fact may be
considered with other competent evidence in determining whether the person was under the influence of an alcoholic
- (3) If there was 0.08 percent or more by weight of alcohol in the person's blood, or 80 milligrams or more of alcohol per
100 milliliters of the person's blood, or 0.08 grams or more of alcohol per 210 liters of the person's breath, it shall
be presumed that the person was under the influence of an alcoholic beverage.
- (b) For purposes of this chapter, percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per
100 milliliters of blood.
- (c) Except as provided in AS 28.35.030
(s), the provisions of (a) of this section may not be construed to limit the introduction of any other competent
evidence bearing upon the question of whether the person was or was not under the influence of intoxicating liquor.
- (d) To be considered valid under the provisions of this section the chemical analysis of the person's breath or blood
shall have been performed according to methods approved by the Department of Public Safety. The Department of Public
Safety is authorized to approve satisfactory techniques, methods, and standards of training necessary to ascertain the
qualifications of individuals to conduct the analysis. If it is established at trial that a chemical analysis of
breath or blood was performed according to approved methods by a person trained according to techniques, methods, and
standards of training approved by the Department of Public Safety, there is a presumption that the test results are
valid and further foundation for introduction of the evidence is unnecessary.
- (e) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified
person of the person's own choosing administer a chemical test in addition to the test administered at the direction of
a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the
admission of evidence relating to the test taken at the direction of a law enforcement officer; the fact that the
person under arrest sought to obtain such an additional test, and failed or was unable so to do, is likewise admissible
in evidence. The person who administers the chemical test shall clearly and expressly inform the person tested of that
person's right to an independent test described under this subsection, and, if the person being tested requests an
independent test, the department shall make reasonable and good-faith efforts to assist the person being tested in
contacting a person qualified to perform an independent chemical test of the person's breath or blood.
- (f) Upon the request of the person who submits to a chemical test at the request of a law enforcement officer, full
information concerning the test, including the results of it, shall be made available to the person or the person's
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