(a) A person who has been cited for minor operating a vehicle after consuming alcohol under Alaska Stat. § 28.35.280 or for refusal to submit to a chemical test of breath under Alaska Stat. § 28.35.285 may not operate a motor vehicle, aircraft, or watercraft during the 24 hours following issuance of the citation.

Terms Used In Alaska Statutes 28.35.290

  • Conviction: A judgement of guilt against a criminal defendant.
  • motor vehicle: means a vehicle which is self-propelled except a vehicle moved by human or animal power. See Alaska Statutes 28.90.990
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • vehicle: means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area. See Alaska Statutes 28.90.990
(b) Operating a motor vehicle during the 24 hours after being cited for minor operating a vehicle after consuming alcohol or for minor’s refusal to submit to a chemical test is an infraction, and, if the minor

(1) has not been previously convicted under this section, Alaska Stat. § 28.35.280, or 28.35.285, upon conviction, the court shall impose a

(A) fine of $500; and
(B) period of community work service of not less than 20 hours nor more than 40 hours; the community work service under this subparagraph must be related to education about or prevention or treatment of misuse of alcohol if opportunities are available for that type of work service in the community; if such opportunities are not available, the court shall make other provisions for the work service;
(2) has been previously convicted once under this section, Alaska Stat. § 28.35.280, or 28.35.285, upon conviction, the court shall impose a

(A) fine of $1,000; and
(B) period of community work service of not less than 40 hours nor more than 60 hours; the community work service under this subparagraph must be related to education about or prevention or treatment of misuse of alcohol if opportunities are available for that type of work service in the community; if such opportunities are not available, the court shall make other provisions for the work service;
(3) has been previously convicted two or more times under this section, Alaska Stat. § 28.35.280, or 28.35.285, upon conviction, the court shall impose a

(A) fine of $1,500; and
(B) period of community work service of not less than 60 hours nor more than 80 hours; the community work service under this subparagraph must be related to education about or prevention or treatment of misuse of alcohol if opportunities are available for that type of work service in the community; if such opportunities are not available, the court shall make other provisions for the work service.
(c) In this section,

(1) “operate an aircraft” has the meaning given in Alaska Stat. § 28.35.030(w);
(2) “operate a watercraft” has the meaning given in Alaska Stat. § 28.35.030(w).