A. 
It is unlawful to drive a motor vehicle in a manner which creates a substantial and unjustifiable risk of harm to a person or to property.
B. 
A substantial and unjustifiable risk is a risk of such a nature and degree that the conscious disregard of it or a failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
C. 
A person endangered by the substantial and unjustifiable risk may include any person, including the driver creating this risk, whether the person is located inside or outside of such driver's vehicle.
(CAC 9.28.010; AO No. 78-72; AO No. 80-4; AO No. 82-126)
A. 
It is unlawful for the driver of any vehicle to willfully fail or refuse to bring the vehicle to a stop, or attempt to elude a pursuing police officer or police vehicle, when given visual or audible signal to bring the vehicle to a stop by a police officer. If the police officer is not in a vehicle, the signal given by such police officer shall be by hand or voice, and the police officer must be in uniform or otherwise be clearly identifiable as a police officer. If the police officer is in a vehicle, the visual signal shall be by flashing red or red and blue lights, and the audible signal shall be by emergency siren.
B. 
A vehicle which fails to stop under subsection A of this section and which eludes a police officer is a public nuisance under section 15.20.020 and is subject to abatement in accordance with this section, section 14.60.030 and section 15.20.020. Abatement proceedings under authority of this section, section 14.60.030 and section 15.20.020 may not be pursued if the driver of the vehicle is prosecuted under subsection A of this section for the conduct giving rise to the nuisance.
(AO No. 89-52; AO No. 95-42, § 1, 3-23-1995)
A. 
It is unlawful to operate a motor vehicle
1. 
Without due regard for the width, grade, curve, corner, other traffic use or other attendant circumstance of the street or other area where the vehicle is being operated;
2. 
In a manner that is without due regard for or is inattentive or unresponsive to any other surrounding circumstance or hazard that may be present; or
3. 
In a manner that fails to maintain contact between all the motor vehicle's tires and the ground while the motor vehicle is being operated on any public street, highway or roadway.
(CAC 9.28.010; AO No. 78-72; AO No. 80-4; AO No. 82-126; AO No. 89-52; AO No. 2011-113(S), § 57, 11-22-2011, eff. 12-22-2011)
A. 
No person may operate or drive a motor vehicle unless currently licensed as an operator, as required by the state, and in compliance with all conditions or limitations on such license.
B. 
It is unlawful for any person, with criminal negligence as to the status of that person's license, to:
1. 
Drive a motor vehicle at a time when that person's driver's license, privilege to drive, or privilege to obtain a license has been canceled, suspended or revoked under circumstances described in AS 28.15.181(c) or a similar law in another jurisdiction;
2. 
Drive a motor vehicle at a time when that person's driver's license, privilege to drive, or privilege to obtain a license has been canceled, suspended or revoked under circumstances other than those described in B.1. of this subsection; or
3. 
Drive in violation of a limitation placed upon that person's license or privilege to drive in this or another jurisdiction.
C. 
Driving while license canceled, suspended, revoked, or in violation of a limitation is:
1. 
A class A misdemeanor if the person violates B.1 of this section. Upon conviction, the court shall:
a. 
Impose a minimum sentence of imprisonment of not less than ten days with ten days suspended if the person has not been previously convicted under B.1. of this section or a similar law of another jurisdiction.
b. 
Impose a minimum sentence of imprisonment of not less than ten days if the person has been previously convicted under B.1. or a similar law of another jurisdiction.
c. 
Order the vehicle be impounded for 30 days if the person has not been previously convicted under this section or order the person's interest in the vehicle be forfeited to the municipality if the person has been previously convicted under this section, pursuant to section 9.28.026.
2. 
A minor offense punishable as set forth in section 9.48.130 if the person violates B.2. or B.3. of this section.
D. 
When a person's license is cancelled, limited, suspended or revoked, that person shall be informed by the state department of public safety or the court that takes the action at the time of the action that, upon a conviction of driving in the municipality at a time when that person's driver's license or privilege to drive has been cancelled, suspended or revoked, or upon a conviction of driving in violation of a limitation of the license, that person will be subject to the mandatory minimum sentence of imprisonment under subsection C of this section.
E. 
In this section, the term "previously convicted" means having been convicted in this or another jurisdiction, within ten years preceding the date of the present offense, of a violation of this section or another law or ordinance with substantially similar elements.
F. 
The magistrate or judge who sets the conditions of release for a person arrested under this section shall at the same time set a vehicle return bond for the vehicle alleged in an oral statement of a police officer to have been used in the commission of the offense if the records of the Alaska Department of Public Safety, division of motor vehicles or the records of an agency with similar responsibilities in another state show that the person arrested for the offense has any interest in the vehicle. The purpose of setting a vehicle return bond is to secure the presence of the vehicle pending trial and to provide security to be forfeited along with the proceeds of a sale, transfer, or encumbrance if the defendant's interest in the vehicle is sold, transferred, or encumbered after the vehicle has been released pending trial. A person who secures the release of a vehicle pursuant to a vehicle return bond must return the vehicle to the custody of the municipality, if required by the terms of the vehicle return bond, or upon order of the court. If the vehicle's release has been obtained through the posting of a vehicle return bond, and the vehicle is not returned according to the terms of the vehicle return bond or pursuant to the court's order after a judgment of conviction, the municipality may, in addition to retaining the forfeited bond funds, seize the vehicle to implement the impoundment or forfeiture ordered by the court. If the person has not been previously convicted, the magistrate or judge setting the vehicle return bond shall order that the requirement of the vehicle return bond shall automatically expire 30 days after the vehicle has been seized if the vehicle has not been released pursuant to a vehicle return bond. The vehicle return bond set under the authority of this subsection may only be posted by a person alleged to have used the vehicle in the commission of one of the offenses described in this section or by a person who agrees to return the vehicle upon order of the court upon penalty of forfeiture of the bond. The vehicle return bond set under the authority of this subsection may be posted at the municipality. A vehicle return bond may be posted in cash only. A vehicle return bond shall be set at a minimum of:
1. 
Two hundred fifty dollars, if the person has not been previously convicted.
2. 
Five hundred dollars, if the person has been previously convicted and the vehicle is 20 years old or older.
3. 
One thousand dollars, if the person has been previously convicted and the vehicle is 15 years old or older but less than 20 years old.
4. 
One thousand five hundred dollars, if the person has been previously convicted and the vehicle is ten years old or older but less than 15 years old.
5. 
Two thousand dollars, if the person has been previously convicted and the vehicle is five years old or older but less than ten years old.
6. 
Two thousand five hundred dollars, if the person has been previously convicted and the vehicle is less than five years old.
A vehicle return bond may be set above the minimum if the vehicle appears to have unusually high value for its age. A vehicle that is or has been the subject of an order under this subsection shall not be released pending trial until the person seeking release of the vehicle has provided proof of insurance or an affidavit of insurance, proof of ownership of the vehicle and paid or provided proof of payment of the vehicle return bond and towing and storage fees, including the administrative fee of $410.00 to offset the municipality's processing costs. A vehicle that is or has been the subject of an order under this subsection shall not be released pending trial until the person seeking release of the vehicle has provided proof of ownership of the vehicle and paid or provided proof of payment of the vehicle return bond and towing and storage fees, including the administrative fee of $410.00 to offset the municipality's processing costs. If a vehicle has not been impounded for a longer period than the vehicle would be impounded if the person were convicted, the court shall not delete the requirement of the vehicle return bond or exonerate a posted vehicle return bond until the vehicle for which bond has been posted is returned pursuant to court order. Unless the following sentence applies, a vehicle that is or has been the subject of a vehicle return bond may only be released if the person seeking the release of the vehicle provides proof of insurance or an affidavit of insurance, and pays or provides proof of payment of the towing and storage costs, including the administrative fee of $410.00 to offset the municipality's processing costs. The insurance requirement may be waived by the municipality if the vehicle is inoperable. A vehicle may be recovered without payment of the storage costs, including the administrative fee, only if a court makes a specific finding that the seizure of the vehicle was legally unjustified and such specific finding follows a contested hearing or is pursuant to a stipulation between the parties. A seizure is "legally unjustified" only if there was: (1) no reasonable suspicion for the stop of the vehicle leading to an arrest for one of the offenses described in this section based on the individual allegedly operating, driving, or being in actual physical control of the vehicle; or (2) no probable cause for the arrest of an individual for one of the offenses described in this section based on the individual allegedly operating, driving, or being in actual physical control of the vehicle.
G. 
The conditions of release established for a person charged under this section shall include at a minimum an order that the person's interest, if any, in the vehicle alleged in an oral statement by a police officer, criminal complaint, information, or indictment to have been used in the commission of the offense be forfeited if the person does not appear as ordered. This subsection applies to any release before judgment of conviction, including any release on the person's own recognizance.
H. 
A vehicle that is or has been the subject of an order setting a vehicle return bond under subsection F of this section and has not been released pursuant to that order is subject to the provisions of AS 28.10.502 if no criminal complaint, information, or indictment is filed by the date and time of the scheduled arraignment alleging a violation of this section or if the count of the criminal complaint, information, or indictment alleging a violation of this section is amended upon motion of the prosecution, is dismissed by the prosecution, or is resolved by the acquittal of the person alleged to have violated this section. The provisions of chapter 9.50 do not apply to a vehicle that is or has been the subject of an order setting a vehicle return bond under subsection F of this section. Any vehicle return bond set expires on the date and time of the scheduled arraignment if no criminal complaint, information, or indictment alleging a violation of this section is filed by the date and time of the scheduled arraignment.
I. 
Vehicles ordered impounded under subsection C.6 which are not claimed at the end of the court-ordered period of impoundment may be disposed of pursuant to the provisions of AS 28.10.502. If the contents of the vehicle have not been recovered before such disposal, the contents may be disposed of with the vehicle. Personal property in a vehicle that is subject to a vehicle return bond under subsection F and has not been released pursuant to that vehicle return bond can be recovered only by the owner of the vehicle and only upon payment of a fee charged for monitoring the recovery of such personal property. Such fee shall be set by contract between the towing and storage contractor and the municipality if it is not established by ordinance. Such fee shall be recoverable by the owner of the vehicle if a court makes a specific finding that the seizure of the vehicle was legally unjustified following a contested hearing or pursuant to a stipulation between the parties.
J. 
A motor vehicle that is the subject of a vehicle return bond under subsection F and has not been released pursuant to that vehicle return bond shall be held in the custody of the police department or a private corporation authorized by the chief of police to retain custody of the motor vehicle, subject only to the orders and decrees of any court having jurisdiction over any forfeiture or impoundment proceedings. If a motor vehicle is seized under this section, the chief of police or authorized designee may:
1. 
Remove the motor vehicle and any contents of the motor vehicle to a place designated by the court; or
2. 
Take custody of the motor vehicle and any contents of the motor vehicle and remove it to an appropriate location for disposition in accordance with law.
K. 
Before disposing of any vehicle forfeited under this section, the chief of police shall allow at least one-time access to the towed vehicle by the vehicle owner or authorized agent to remove items pursuant to section 9.54.030B. Thereafter the chief of police, or designee shall make an inventory of the contents of any motor vehicle seized. Property forfeited under this section shall be disposed of by the chief of police or designee in accordance with this subsection. Property forfeited under this section includes both the vehicle that is the subject of the forfeiture action and the contents of the vehicle if those contents have not been recovered before the date of the disposal. The chief of police or designee may:
1. 
Sell the property at an auction conducted by an auctioneer not employed by the impound contractor and use the proceeds for payment of all proper expenses of seizure, custody, the costs of the auction, court costs, and municipal attorney fees, provided if such sale is arranged for by the impound contractor the municipality shall receive at least 30 percent of the proceeds of any sale of forfeited vehicles following deduction for the costs charged by the auctioneer for the auction of those vehicles regardless of whether the costs of impound and storage exceed the value of the vehicles sold;
2. 
Take custody of the property and use it in the enforcement of the municipal and state criminal codes; or
3. 
Destroy the property.
(CAC 9.12.010; AO No. 267-76; AO No. 78-72; AO No. 78-230(S); AO No. 83-168, 10-17-1983; AO No. 89-52; AO No. 91-57(S); AO No. 2001-72, § 1, 7-1-2002; AO No. 2002-125, § 1, 8-20-2002; AO No. 2003-73, §§ 6, 7, 4-22-2003; AO No. 2003-106, §§ 1, 2, 7-1-2003; AO No. 2009-61, § 4, 7-7-2009; AO No. 2010-76, § 1, 10-26-2010; AO No. 2010-81(S-1), § 5, 12-7-2010, eff. 1-1-2011; AO No. 2011-113(S), § 58, 11-22-2011, eff. 12-22-2011; AO No. 2014-42, § 18, 6-21-2014; EO No. 2016-1, §§ 3, 4, 7-12-2016; AO No. 2016-83(S), §§ 5, 6, 7-26-2016; AO No. 2024-77, § 1, 9-10-2024, eff. 4-1-2025)
A. 
It is unlawful for any person to commit the crime of operating under the influence.
B. 
A person commits the crime of operating under the influence if the person operates a motor vehicle, aircraft, or watercraft:
1. 
While under the influence of an alcoholic beverage, inhalant, controlled substance as defined in AS 28.33.190, or other impairing substance, or any combination thereof; or
2. 
Having consumed a sufficient quantity of alcohol that, as determined by a chemical test taken within four hours after operating, there is 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 blood, or there is 0.08 grams or more of alcohol per 210 liters of the person's breath; or
3. 
Having consumed a sufficient quantity of alcohol that, as determined by a chemical test taken within four hours after operating, there is 0.04 percent or more by weight of alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of blood, or there is 0.04 grams or more of alcohol per 210 liters of the person's breath, and the vehicle is a commercial motor vehicle as defined in AS 28.40.100.[1]
[1]
Editor's note — AO No. 2001-150, as amended, lowered the legal limits effective 9-1-2001.
C. 
Upon conviction for driving under the influence under this section:
1. 
The court shall impose a minimum sentence of imprisonment of:
a. 
Not less than 72 consecutive hours and a fine of not less than $1,500.00 if the person has not been previously convicted.
b. 
Not less than 20 days and a fine of not less than $3,000.00 if the person has been previously convicted once.
c. 
Not less than 60 days and a fine of not less than $4,000.00 if the person has been previously convicted twice.
d. 
Not less than 120 days and a fine of not less than $5,000.00 if the person has been previously convicted three times.
e. 
Not less than 240 days and a fine of not less than $6,000.00 if the person has been previously convicted four times.
f. 
Not less than 360 days and a fine of not less than $7,000.00 if the person has been previously convicted more than four times.
2. 
Except in mitigated circumstances, the court shall impose more than the mandatory minimum sentence. Mitigated circumstances do not exist if any of the following circumstances are present:
a. 
The defendant's driving conduct caused personal injury or property damage to another.
b. 
The defendant failed to stop for a red light or stop sign.
c. 
A container of alcoholic beverage was open in the passenger compartment of the defendant's vehicle.
d. 
The defendant was on release under AS 12.30.020 or AS 12.30.040 or on probation for another DUI or refusal charge or conviction.
e. 
The defendant has been previously convicted of reckless driving or leaving the scene of a crash.
f. 
The defendant had a breath test result of 0.15 grams or more of alcohol per 210 liters of the defendant's breath as determined by a chemical test within four hours after the alleged offense was committed.
3. 
The court:
a. 
May not suspend execution of sentence or grant probation except on condition that the person:
i. 
Serve the minimum imprisonment under subsection C.1; and
ii. 
Pay the minimum fine required under subsection C.1.
b. 
May not suspend imposition of sentence; and
c. 
The sentence imposed by the court shall run consecutively with any other sentence of imprisonment imposed on the person.
4. 
If the offense involved driving a motor vehicle for which a driver's license is required:
a. 
The person's driver's license shall be revoked in accordance with AS 28.15.181; and
b. 
In addition, the court shall order, and a person convicted under this section shall undertake, for a term specified by the court, that program of alcohol education or rehabilitation that the court, after consideration of any information compiled under subsection D of this section, finds appropriate; and
c. 
The court shall impose ignition interlock requirements upon a person convicted under this section as required under Title 28 of the Alaska Statutes.
5. 
If the person has any interest in the vehicle used in the commission of the offense, the court shall order that:
a. 
The vehicle be impounded for 30 days if the person has not been previously convicted; and
b. 
The person's interest in the vehicle be forfeited to the municipality if the person has been previously convicted.
At sentencing, the court shall order that any vehicle return bond which has been posted to secure the release of the vehicle be forfeited to the municipality if the vehicle subject to the vehicle return bond is not returned to the custody of the municipality within five days after the sentencing. At sentencing, the court shall order that any vehicle return bond posted to secure the release of the vehicle be exonerated when the vehicle has been returned to the custody of the municipality. At sentencing, the court may also order that any proceeds of any sale, transfer, or encumbrance of the vehicle be forfeited to the municipality if the vehicle has been sold, transferred, or encumbered while the vehicle has been subject to a vehicle return bond. A vehicle ordered impounded pursuant to this subsection shall not be released until after the person seeking release of the vehicle has provided proof of insurance or an affidavit of insurance, proof of ownership of the vehicle and paid or provided proof of payment of the impound fees and the storage fees. The insurance requirement may be waived by the municipality if the vehicle is inoperable. Impound fees shall include the actual cost of impound plus an administrative fee of $410.00 to offset the municipality's processing costs. Any order of impoundment or forfeiture entered under this subsection is subject to the rights of lienholders, owners, lessors, lessees, and co-owners who are not the person convicted of driving under the influence as those rights are adjudicated in civil proceedings under section 9.28.026. If the municipality has brought a civil action under section 9.28.026 seeking impoundment or forfeiture as against all those with an interest in the vehicle except the person charged with a violation of section 9.28.020, that civil action shall provide the sole forum in which lienholders, owners, lessors, lessees, and co-owners who claim an interest in the vehicle but are not the person charged with a violation of section 9.28.020 can seek relief.
6. 
The court may order that the person, while incarcerated or as a condition of probation or parole, take a drug or combination of drugs intended to prevent the consumption of an alcoholic beverage; a condition of probation or parole imposed under this subsection is in addition to any other condition authorized under another provision of law.
7. 
If the court determines that the person has successfully completed a court-ordered treatment program, the court may suspend up to 75 percent of the mandatory minimum sentence required under this section and up to 50 percent of the minimum fines required under this section. This subsection does not apply to a person who has already participated in a court-ordered treatment program two or more times. In this subsection court-ordered treatment means a treatment program for a person who consumes alcohol or drugs and that
a. 
Requires participation for at least 18 consecutive months;
b. 
Includes planning and treatment for alcohol or drug addiction;
c. 
Includes emphasis on personal responsibility;
d. 
Provides in-court recognition of progress and sanctions for relapses;
e. 
Requires payment of restitution to victims and completion of community work service;
f. 
Includes physician approved treatment of physical addiction and treatment of the psychological causes of addiction;
g. 
Includes a monitoring program and physical placement or housing; and
h. 
Requires adherence to conditions of probation.
D. 
Except as prohibited by federal law or regulation, every provider of treatment programs to which persons are ordered under this section shall supply the judge, prosecutor, defendant, and an agency involved in the defendant's treatment with information and reports concerning the defendant's past and present assessment, treatment, and progress. Information compiled under this subsection is confidential and may only be used in connection with court proceedings involving the defendant's treatment, including use by a court in sentencing a person convicted under this section, or by an officer of the court in preparing a presentence report for the use of the court in sentencing a person convicted under subsection C of this section.
E. 
For purposes of this chapter, the following terms shall have the meaning given in this subsection:
"Inhalant"
has the meaning given to the phrase "hazardous volatile material or substance" in Alaska Statute 47.37.270;
"Interest in the vehicle"
means a right, claim, or title to the vehicle or a legal share in the vehicle that the oral statement of a police officer, complaint, indictment, or information alleges was used in the commission of an offense.
"Operate a watercraft"
means to navigate a vessel used or capable of being used as a means of transportation on water for recreational or commercial purposes on all waters, fresh or salt, inside the territorial limits of the municipality.
"Physical control"
means to be behind the steering apparatus of a motor vehicle, whether asleep or awake, while the engine is running or any electrical or mechanical devices are turned on, or to be in a position to exercise exclusive control over the operation of the vehicle while possessing the apparent means to start the vehicle and the apparent ability to do so.
"Previously convicted"
means having been convicted in this or another jurisdiction of operating a motor vehicle, aircraft or watercraft under the influence under this section or another law or ordinance with substantially similar elements, or of refusal to submit to a chemical test under AS 28.35.032 or section 9.28.022 or another law or ordinance with substantially similar elements, except that the other law or ordinance may provide for a lower level of alcohol in the person's blood or breath than imposed under section 9.28.020B.2.
F. 
For purposes of this section, convictions for both driving under the influence and for refusal to submit to a chemical test of breath under section 9.28.021, if arising out of a single transaction and a single arrest, are considered one previous conviction.
G. 
The court shall order a person convicted under this section to satisfy the screening, evaluation, referral and program requirements of an agency authorized by the court to make referrals for rehabilitative treatment or to provide rehabilitative treatment.
H. 
A program of inpatient treatment may be required by the authorized agency under subsection G of this section only if authorized in the judgment, and may not exceed the maximum term of inpatient treatment specified in the judgment. A person who has been referred for inpatient treatment under this subsection may make a written request to the sentencing court asking the court to review the referral. The request for review shall be made within seven days of the agency's referral, and shall specifically set out the grounds upon which the request for review is based. The court may order a hearing on the request for review.
I. 
If a person fails to satisfy the requirements of an authorized agency under subsection H of this section, the court:
1. 
May impose any portion of a suspended sentence.
2. 
May punish the failure as contempt of court under AS 9.50.010 or as a violation of a condition of probation.
3. 
Shall order the revocation or suspension of the person's driver's license, privilege to drive, and privilege to obtain a license until the requirements are satisfied.
J. 
The magistrate or judge who sets the conditions of release for a person arrested for driving under the influence shall at the same time set a vehicle return bond for the vehicle alleged in an oral statement of a police officer to have been used in the commission of the offense if the records of the Alaska Department of Public Safety, Division of Motor Vehicles or the records of an agency with similar responsibilities in another state show that the person arrested for the offense has any interest in the vehicle. The purpose of setting a vehicle return bond is to secure the presence of the vehicle pending trial and to provide security to be forfeited along with the proceeds of a sale, transfer, or encumbrance if the defendant's interest in the vehicle is sold, transferred, or encumbered after the vehicle has been released pending trial. A person who secures the release of a vehicle pursuant to a vehicle return bond must return the vehicle to the custody of the municipality if required by the terms of the vehicle return bond, or upon order of the court. If the vehicle's release has been obtained through the posting of a vehicle return bond and the vehicle is not returned according to the terms of the vehicle return bond or pursuant to the court's order after a judgment of conviction, the municipality may, in addition to retaining the forfeited bond funds, seize the vehicle to implement the impoundment or forfeiture ordered by the court. If the person has not been previously convicted, the magistrate or judge setting the vehicle return bond shall order that the requirement of the vehicle return bond shall automatically expire 30 days after the vehicle has been seized if the vehicle has not been released pursuant to a vehicle return bond. The vehicle return bond set under the authority of this subsection may only be posted by a person alleged to have used the vehicle in the commission of the offense of driving under the influence or by a person who agrees to return the vehicle upon order of the court upon penalty of forfeiture of the bond. The vehicle return bond set under the authority of this subsection may be posted at the municipality. A vehicle return bond may be posted in cash only. A vehicle return bond shall be set at a minimum of:
1. 
Two hundred fifty dollars, if the person has not been previously convicted.
2. 
Five hundred dollars, if the person has been previously convicted and the vehicle is 20 years old or older.
3. 
One thousand dollars, if the person has been previously convicted and the vehicle is 15 years old or older but less than 20 years old.
4. 
One thousand five hundred dollars, if the person has been previously convicted and the vehicle is ten years old or older but less than 15 years old.
5. 
Two thousand dollars, if the person has been previously convicted and the vehicle is five years old or older but less than ten years old.
6. 
Two thousand five hundred dollars, if the person has been previously convicted and the vehicle is less than five years old.
A vehicle return bond may be set above the minimum if the vehicle appears to have unusually high value for its age. A vehicle that is or has been the subject of an order under this subsection shall not be released pending trial until the person seeking release of the vehicle has provided proof of insurance or an affidavit of insurance, proof of ownership of the vehicle and paid or provided proof of payment of the vehicle return bond and towing and storage fees, including the administrative fee of $410.00 to offset the municipality's processing costs. If a vehicle has not been impounded for a longer period than the vehicle would be impounded if the person were convicted, the court shall not delete the requirement of the vehicle return bond or exonerate a posted vehicle return bond until the vehicle for which bond has been posted is returned pursuant to court order. Unless the following sentence applies, a vehicle that is or has been the subject of a vehicle return bond may only be released if the person seeking the release of the vehicle provides proof of insurance or an affidavit of insurance, and pays or provides proof of payment of the towing and storage costs, including the administrative fee of $410.00 to offset the municipality's processing costs. The insurance requirement may be waived by the municipality if the vehicle is inoperable. A vehicle may be recovered without payment of the towing and storage costs, including the administrative fee, only if a court makes a specific finding that the seizure of the vehicle was legally unjustified and such specific finding follows a contested hearing or is pursuant to a stipulation between the parties. A seizure is "legally unjustified" only if there was: (1) no reasonable suspicion for the stop of the vehicle leading to an arrest for driving under the influence based on the individual allegedly operating, driving, or being in actual physical control of the vehicle; or (2) no probable cause for the arrest of an individual for driving under the influence based on the individual allegedly operating, driving, or being in actual physical control of the vehicle.
K. 
The conditions of release established for a person charged with driving under the influence (DUI) shall include at a minimum an order that the person's interest, if any, in the vehicle alleged in an oral statement by a police officer, criminal complaint, information, or indictment to have been used in the commission of the offense be forfeited if the person does not appear as ordered. This subsection applies to any release before judgment of conviction on a charge of driving under the influence, including any release on the person's own recognizance.
L. 
A vehicle that is or has been the subject of an order setting a vehicle return bond under subsection J of this section and has not been released pursuant to that order is subject to the provisions of AS 28.10.502 if no criminal complaint, information, or indictment is filed by the date and time of the scheduled arraignment alleging a violation of this section or if the count of the criminal complaint, information, or indictment alleging a violation of this section is amended upon motion of the prosecution, is dismissed by the prosecution, or is resolved by the acquittal of the person alleged to have violated this section. The provisions of chapter 9.50 do not apply to a vehicle that is or has been the subject of an order setting a vehicle return bond under subsection J of this section. Any vehicle return bond set expires on the date and time of the scheduled arraignment if no criminal complaint, information, or indictment alleging a violation of this section is filed by the date and time of the scheduled arraignment.
M. 
Vehicles ordered impounded under section 9.28.020C.5 which are not claimed at the end of the court-ordered period of impoundment may be disposed of pursuant to the provisions of AS 28.10.502. If the contents of the vehicle have not been recovered before such disposal, the contents may be disposed of with the vehicle. Personal property in a vehicle that is subject to a vehicle return bond under section 9.28.020J and has not been released pursuant to that vehicle return bond can be recovered pursuant to section 9.54.030B by the owner or authorized agent being allowed at least one-time access to the towed vehicle free of charge. Subsequent access to the vehicle may be granted only to the owner of the vehicle and only upon payment of a fee charged for monitoring the recovery of such personal property. Such fee shall be set by contract between the towing and storage contractor and the municipality if it is not established by ordinance. Such fee shall be recoverable by the owner of the vehicle if a court makes a specific finding that the seizure of the vehicle was legally unjustified following a contested hearing or pursuant to a stipulation between the parties.
N. 
A motor vehicle that is the subject of a vehicle return bond under section 9.28.020J and has not been released pursuant to that vehicle return bond shall be held in the custody of the police department or a private corporation authorized by the chief of police to retain custody of the motor vehicle, subject only to the orders and decrees of any court having jurisdiction over any forfeiture or impoundment proceedings. If a motor vehicle is seized under this section, the chief of police or authorized designee may:
1. 
Remove the motor vehicle and any contents of the motor vehicle to a place designated by the court; or
2. 
Take custody of the motor vehicle and any contents of the motor vehicle and remove it to an appropriate location for disposition in accordance with law.
O. 
Before disposing of any vehicle forfeited under this section, the chief of police or designee shall make an inventory of the contents of any motor vehicle seized. Property forfeited under this section shall be disposed of by the chief of police or designee in accordance with this subsection. Property forfeited under this section includes both the vehicle that is the subject of the forfeiture action and the contents of the vehicle if those contents have not been recovered before the date of the disposal. The chief of police or designee may:
1. 
Sell the property at an auction conducted by an auctioneer not employed by the impound contractor and use the proceeds for payment of all proper expenses of seizure, custody, the costs of the auction, court costs, and municipal attorney fees, provided if such sale is arranged for by the impound contractor the municipality shall receive at least 30 percent of the proceeds of any sale of forfeited vehicles following deduction for the costs charged by the auctioneer for the auction of those vehicles regardless of whether the costs of impound and storage exceed the value of the vehicles sold;
2. 
Take custody of the property and use it in the enforcement of the municipal and state criminal codes; or
3. 
Destroy the property.
P. 
It is not a defense to a charge under this section that the person, having voluntarily consumed a substance, did not know the substance would impair the person's ability to operate a motor vehicle, aircraft, or watercraft.
(AO No. 267-76; AO No. 78-72; AO No. 78-230(S); AO No. 80-122; AO No. 81-75; AO No. 82-126; AO No. 83-168, 10-17-1983; AO No. 89-52; AO No. 91-56(S); AO No. 91-190; AO No. 94-68(S), § 11, 8-11-1994; AO No. 95-84(S-1), §§ 1—9, 4-27-1995; AO No. 95-163(S), §§ 1—5, 8-8-1995; AO No. 97-72, § 1, 6-10-1997; AO No. 97-87, § 1, 6-3-1997;[2] AO No. 2001-51, § 1, 2-27-2001; AO No. 2001-150, § 1, 8-28-2001; AO No. 2001-145(S-1), § 6, 12-11-2001; AO No. 2002-125, § 2, 8-20-2002; AO No. 2003-73, §§ 8, 9, 4-22-2003; AO No. 2003-106, §§ 3, 4, 7-1-2003; AO No. 2006-152, §§ 1, 2, 1-1-2007; AO No. 2008-122, § 1, 12-16-2008; AO No. 2009-61, § 5, 7-7-2009; AO No. 2010-76, § 2, 10-26-2010; AO No. 2010-81(S-1), § 6, 12-7-2010, eff. 1-1-2011; AO No. 2011-113(S), § 59, 11-22-2011, eff. 12-22-2011; AO No. 2014-42, § 19, 6-21-2014; AO No. 2024-77, § 1, 9-10-2024, eff. 4-1-2025)
[2]
Editor's note — AO No. 97-87 occasioned by 1996 Proposition 3 Initiative enacting Chapter XXI.
A. 
A person who operates, drives or is in actual physical control of a motor vehicle within the municipality or who operates an aircraft as defined by section 9.28.020E.1 or who operates a watercraft as defined by section 9.28.020E.2 shall be considered to have given consent to a chemical test of the person's breath for the purpose of determining the alcoholic content of the person's blood or breath if lawfully arrested for an offense arising out of acts alleged to have been committed while the person was operating, driving or in actual physical control of a motor vehicle or operating an aircraft or a watercraft under the influence. The test shall be administered at the direction of a law enforcement officer who has probable cause to believe that the person was operating, driving or in actual physical control of a motor vehicle or operating an aircraft or a watercraft in the municipality under the influence.
B. 
A person who operates or drives a motor vehicle, aircraft or watercraft within the municipality shall be considered to have given consent to a preliminary breath test for the purpose of determining the alcoholic content of the person's blood or breath. A law enforcement officer may administer a preliminary breath test at the scene of the incident if the officer has probable cause to believe that a person's ability to operate a motor vehicle, aircraft, or watercraft is impaired by the ingestion of alcoholic beverages and that the person:
1. 
Was operating or driving a motor vehicle, aircraft, or watercraft that is involved in a crash;
2. 
Committed a moving traffic violation or unlawfully operated an aircraft or watercraft; in this section, unlawfully means in violation of any federal, state, or municipal statute, regulation, or ordinance, except for violations that do not provide reason to believe that the operator's ability to operate the aircraft or watercraft was impaired by the ingestion of alcoholic beverages; or
3. 
Was operating or driving a motor vehicle in violation of section 9.36.200.
C. 
Before administering a preliminary breath test under subsection B, the officer shall advise the person that refusal may be used against the person in a civil or criminal action arising out of the incident and that refusal is an infraction. If the person refuses to submit to the test, the test shall not be administered.
D. 
The result of the test under subsection B may be used by the law enforcement officer to determine whether the driver or operator should be arrested.
E. 
Refusal to submit to a preliminary breath test at the request of a law enforcement officer as authorized by subsection B is a minor offense punishable as set forth in section 9.48.130.
F. 
If a driver or operator is arrested, the provisions of subsection A apply. The preliminary breath test authorized in this section is in addition to any tests authorized under subsection A of this section.
G. 
A person who operates or drives a motor vehicle, aircraft or watercraft within the municipality shall be considered to have given consent to a chemical test or tests of the person's breath and blood for the purpose of determining the alcoholic content of the person's breath and blood and shall be considered to have given consent to a chemical test or tests of the person's blood and urine for the purpose of determining the presence of controlled substances in the person's blood and urine if the person is involved in a motor vehicle crash that causes death or serious physical injury to another person. The test or tests may be administered at the direction of a law enforcement officer who has probable cause to believe that the person was operating or driving a motor vehicle in this state that was involved in a crash causing death or serious physical injury to another person.
H. 
Nothing in this section shall be construed to restrict searches or seizures under a warrant issued by a judicial officer, in addition to a test permitted under this section.
(AO No. 78-72; AO No. 79-194; AO No. 80-122; AO No. 82-126; AO No. 83-168, 10-17-1983; AO No. 89-52; AO No. 2001-51, § 1, 2-27-2001; AO No. 2001-150, § 3, 8-28-2001; AO No. 2002-125, § 3, 8-20-2002; AO No. 2011-113(S), § 60, 11-22-2011, eff. 12-22-2011; AO No. 2014-42, § 20, 6-21-2014)
A. 
If a person under arrest refused the request of a law enforcement officer to submit to a chemical test under section 9.28.021A, after being advised by the officer that the refusal will, if that person was arrested while operating or driving a motor vehicle for which a driver's license is required, result in the denial or revocation of the license or nonresident privilege to drive, that the refusal may be used against the person in a civil or criminal action or proceeding arising out of an act alleged to have been committed by the person while operating or driving a motor vehicle or operating an aircraft or a watercraft under the influence, and that the refusal is a misdemeanor, a chemical test shall not be given, except as provided by section 9.28.025.
B. 
The refusal of a person to submit to a chemical test of the person's breath under subsection A of this section is admissible evidence in a civil or criminal action or proceeding arising out of an act alleged to have been committed by the person while operating, driving or in actual physical control of a motor vehicle or operating an aircraft or watercraft under the influence.
C. 
Refusal to submit to the chemical test of breath authorized by section 9.28.021A is a misdemeanor.
D. 
Upon conviction for refusal to submit to chemical tests under subsection C of this section:
1. 
The court shall impose a minimum sentence of imprisonment of:
a. 
Not less than 72 consecutive hours and a fine of not less than $1,500.00 if the person has not been previously convicted.
b. 
Not less than 20 days and a fine of not less than $3,000.00 if the person has been previously convicted once.
c. 
Not less than 60 days and a fine of not less than $4,000.00 if the person has been previously convicted twice.
d. 
Not less than 120 days and a fine of not less than $5,000.00 if the person has been previously convicted three times.
e. 
Not less than 240 days and a fine of not less than $6,000.00 if the person has been previously convicted four times.
f. 
Not less than 360 days and a fine of not less than $7,000.00 if the person has been previously convicted more than four times.
2. 
Except in mitigated circumstances, the court shall impose more than the mandatory minimum sentence. Mitigated circumstances do not exist if any of the following circumstances are present:
a. 
The defendant's driving conduct caused personal injury or property damage to another.
b. 
The defendant failed to stop for a red light or stop sign.
c. 
A container of alcoholic beverage was open in the passenger compartment of the defendant's vehicle.
d. 
The defendant was on release under AS 12.30.020 or AS 12.30.040 or on probation for another DUI or refusal charge or conviction.
e. 
The defendant has been previously convicted of reckless driving or leaving the scene of a crash.
3. 
The court:
a. 
May not suspend execution of sentence or grant probation except on condition that the person:
i. 
Serve the minimum imprisonment under subsection D.1; and
ii. 
Pay the minimum fine required under subsection D.1.
b. 
May not suspend imposition of sentence; and
c. 
The sentence imposed by the court shall run consecutively with any other sentence of imprisonment imposed on the person.
4. 
If the offense involved driving a motor vehicle for which a driver's license is required:
a. 
The person's driver's license shall be revoked in accordance with AS 28.15.181; and
b. 
In addition, the court shall order, and a person convicted under this section shall undertake, for a term specified by the court, that program of alcohol education or rehabilitation that the court, after consideration of any information compiled under subsection H of this section, finds appropriate; and
c. 
The court shall impose ignition interlock requirements upon a person convicted under this section as required under Title 28 of the Alaska Statutes.
5. 
If the person has any interest in the vehicle used in the commission of the offense, the court shall order that:
a. 
The vehicle be impounded for 30 days if the person has not been previously convicted; and
b. 
The person's interest in the vehicle be forfeited to the municipality if the person has been previously convicted.
At sentencing, the court shall order that any vehicle return bond which has been posted to secure the release of the vehicle be forfeited to the municipality if the vehicle subject to the vehicle return bond is not returned to the custody of the municipality within five days after the sentencing. At sentencing, the court shall order that any vehicle return bond posted to secure the release of the vehicle be exonerated when the vehicle has been returned to the custody of the municipality. At sentencing, the court may also order that any proceeds of any sale, transfer, or encumbrance of the vehicle be forfeited to the municipality if the vehicle has been sold, transferred, or encumbered while the vehicle has been subject to a vehicle return bond. A vehicle ordered impounded pursuant to this subsection shall not be released until after the person seeking release of the vehicle has provided proof of insurance or an affidavit of insurance, proof of ownership of the vehicle and paid or provided proof of payment of the impound fees and the storage fees. The insurance requirement may be waived by the municipality if the vehicle is inoperable. Impound fees shall include the actual costs of impound plus an administrative fee of $410.00 to offset the municipality's processing costs. Any order of impoundment or forfeiture entered under this subsection is subject to the rights of lienholders, owners, lessors, lessees and co-owners who are not the person convicted of refusal to submit to chemical tests as those rights are adjudicated in civil proceedings under section 9.28.026. If the municipality has brought a civil action under section 9.28.026 seeking impoundment or forfeiture as against all those with an interest in the vehicle except the person charged with a violation of this section, that civil action shall provide the sole forum in which lienholders, owners, lessors, lessees and co-owners who claim an interest in the vehicle but are not the person charged with a violation of this section can seek relief.
6. 
The court may order that the person, while incarcerated or as a condition of probation or parole, take a drug or combination of drugs intended to prevent the consumption of an alcoholic beverage; a condition of probation or parole imposed under this subsection is in addition to any other condition authorized under another provision of law.
7. 
If the court determines that the person has successfully completed a court-ordered treatment program, the court may suspend up to 75 percent of the mandatory minimum sentence required under this section and up to 50 percent of the minimum fines required under this section. This subsection does not apply to a person who has already participated in a court-ordered treatment program two or more times. In this subsection court-ordered treatment means a treatment program for a person who consumes alcohol or drugs and that:
a. 
Requires participation for at least 18 consecutive months;
b. 
Includes planning and treatment for alcohol or drug addiction;
c. 
Includes emphasis on personal responsibility;
d. 
Provides in-court recognition of progress and sanctions for relapses;
e. 
Requires payment of restitution to victims and completion of community work service;
f. 
Includes physician approved treatment of physical addiction and treatment of the psychological causes of addiction;
g. 
Includes a monitoring program and physical placement or housing; and
h. 
Requires adherence to conditions of probation.
E. 
Except as provided by federal law or regulation, every provider of treatment programs to which persons are ordered under subsection D of this section shall supply the state court system with the information regarding the condition and treatment of those persons as the supreme court may require by rule. Information compiled under this subsection is confidential and may only be used by a court in sentencing a person convicted under subsection D of this section, or by an officer of the court in preparing a presentence report for the use of the court in sentencing a person convicted under subsection D of this section.
F. 
For purposes of this section, convictions for both driving under the influence and for refusal to submit to a chemical test of breath under section 9.28.021A, if arising out of a single transaction and a single arrest, are considered one previous conviction.
G. 
The court shall order a person convicted under this section to satisfy the screening, evaluation, referral and program requirements of an agency authorized by the court to make referrals for rehabilitative treatment or to provide rehabilitative treatment.
H. 
A program of inpatient treatment may be required by the authorized agency under subsection G of this section only if authorized in the judgment, and may not exceed the maximum term of inpatient treatment specified in the judgment. A person who has been referred for inpatient treatment under this subsection may make a written request to the sentencing court asking the court to review the referral. The request for review shall be made within seven days of the agency's referral, and shall specifically set out the grounds upon which the request for review is based. The court may order a hearing on the request for review.
I. 
If a person fails to satisfy the requirements of an authorized agency under subsection H of this section, the court:
1. 
May impose any portion of a suspended sentence.
2. 
May punish the failure as contempt of court under AS 9.50.010 or as a violation of a condition of probation.
3. 
Shall order the revocation or suspension of the person's driver's license, privilege to drive, and privilege to obtain a license until the requirements are satisfied.
J. 
The magistrate or judge who sets the conditions of release for a person arrested for refusal to submit to chemical tests shall at the same time set a vehicle return bond for the vehicle alleged in an oral statement of a police officer to have been used in the commission of the offense if the records of the Alaska department of public safety, division of motor vehicles or the records of an agency with similar responsibilities in another state show that the person arrested for the offense has any interest in the vehicle. The purpose of setting a vehicle return bond is to secure the presence of the vehicle pending trial and to provide security to be forfeited along with the proceeds of a sale, transfer, or encumbrance if the defendant's interest in the vehicle is sold, transferred, or encumbered after the vehicle has been released pending trial. A person who secures the release of a vehicle pursuant to a vehicle return bond must return the vehicle to the custody of the municipality if required by the terms of the vehicle return bond, or upon order of the court. If the vehicle's release has been obtained through the posting of a vehicle return bond and the vehicle is not returned according to the terms of the vehicle return bond or pursuant to the court's order after a judgment of conviction, the municipality may, in addition to retaining the forfeited bond funds, seize the vehicle to implement the impoundment or forfeiture ordered by the court. If the person has not been previously convicted, the magistrate or judge setting the vehicle return bond shall order that the requirement of the vehicle return bond shall automatically expire 30 days after the vehicle has been seized if the vehicle has not released pursuant to a vehicle return bond. The vehicle return bond set under the authority of this section may only be posted by a person alleged to have used the vehicle in the commission of the offense of refusal to submit to chemical tests or to a person who agrees to return the vehicle upon order of the court upon penalty of forfeiture of the bond. The vehicle return bond set under the authority of this section may be posted at the municipality. A vehicle return bond may be posted in cash only. A vehicle return bond shall be set at a minimum of:
1. 
Two hundred fifty dollars, if the person has not been previously convicted;
2. 
Five hundred dollars, if the person has been previously convicted and the vehicle is 20 years old or older;
3. 
One thousand dollars, if the person has been previously convicted and the vehicle is 15 years old or older but less than 20 years old;
4. 
One thousand five hundred dollars, if the person has been previously convicted and the vehicle is ten years old or older but less than 15 years old;
5. 
Two thousand dollars, if the person has been previously convicted and the vehicle is five years old or older but less than ten years old; and
6. 
Two thousand five hundred dollars, if the person has been previously convicted and the vehicle is less than five years old.
A vehicle return bond may be set above the minimum if the vehicle appears to have unusually high value for its age. A vehicle that is or has been the subject of an order under this subsection shall not be released pending trial until the person seeking release of the vehicle has provided proof of insurance or an affidavit of insurance, proof of ownership of the vehicle and paid or provided proof of payment of the vehicle return bond and towing and storage fees, including the administrative fee of $410.00 to offset the municipality's processing costs. If a vehicle has not been impounded for a longer period than the vehicle would be impounded if the person were convicted, the court shall not delete the requirement of the vehicle return bond or exonerate a posted vehicle return bond until the vehicle for which bond has been posted is returned pursuant to court order. Unless the following sentence applies, a vehicle that is or has been the subject of a vehicle return bond may only be released if the person seeking the release of the vehicle provides proof of insurance or an affidavit of insurance, and pays or provides proof of payment of the towing and storage costs, including the administrative fee of $410.00 to offset the municipality's processing costs. The insurance requirement may be waived by the municipality if the vehicle is inoperable. A vehicle may be recovered without payment of the towing and storage costs, including the administrative fee, only if a court makes a specific finding that the seizure of the vehicle was legally unjustified and such specific finding follows a contested hearing or is pursuant to a stipulation between the parties. A seizure is "legally unjustified" only if there was: (1) no reasonable suspicion for the stop of the vehicle leading to an arrest for driving under the influence based on the individual allegedly operating, driving, or being in actual physical control of the vehicle; or (2) no probable cause for the arrest of an individual for driving under the influence based on the individual allegedly operating, driving, or being in actual physical control of the vehicle.
K. 
The conditions of release established for a person charged with refusal to submit to chemical tests shall include at a minimum an order that the person's interest, if any, in the vehicle alleged in an oral statement by a police officer, criminal complaint, information, or indictment to have been used in the commission of the offense be forfeited if the person does not appear as ordered. This subsection applies to any release before judgment of conviction on a charge of refusal to submit to chemical tests, including any release on the person's own recognizance.
L. 
A vehicle that is or has been the subject of an order setting a vehicle return bond under subsection J of this section and has not been released pursuant to that order is subject to the provisions of AS 28.10.502 if no criminal complaint, information, or indictment is filed by the date and time of the scheduled arraignment alleging a violation of this section or if the count of the criminal complaint, information, or indictment alleging a violation of this section is amended upon motion of the prosecution, is dismissed by the prosecution, or is resolved by the acquittal of the person alleged to have violated this section. The provisions of chapter 9.50 do not apply to a vehicle that is or has been the subject of an order setting a vehicle return bond under subsection J of this section. Any vehicle return bond set expires on the date and time of the scheduled arraignment if no criminal complaint, information, or indictment alleging a violation of this section is filed by the date and time of the scheduled arraignment.
M. 
Vehicles ordered impounded under section 9.28.022D.5 which are not claimed at the end of the court-ordered period of impoundment may be disposed of pursuant to the provisions of AS 28.10.502. If the contents of the vehicle have not been recovered before such disposal, the contents may be disposed of with the vehicle. Personal property in a vehicle that is subject to a vehicle return bond under section 9.28.022J and has not been released pursuant to that vehicle return bond can be recovered pursuant to section 9.54.030B by the owner or authorized agent being allowed at least one-time access to the towed vehicle free of charge. Subsequent access to the vehicle may be granted only to the owner of the vehicle and only upon payment of a fee charged for monitoring the recovery of such personal property. Such fee shall be set by contract between the towing and storage contractor and the municipality if it is not established by ordinance. Such fee shall be recoverable by the owner of the vehicle if a court makes a specific finding that the seizure of the vehicle was legally unjustified following a contested hearing or pursuant to a stipulation between the parties.
N. 
A motor vehicle that is the subject of a vehicle return bond under subsection J of this section and has not been released pursuant to that vehicle return bond shall be held in the custody of the police department or a private corporation authorized by the chief of police to retain custody of the motor vehicle, subject only to the orders and decrees of any court having jurisdiction over any forfeiture or impoundment proceedings. If a motor vehicle is seized under this section, the chief of police or authorized designee may:
1. 
Remove the motor vehicle and any contents of the motor vehicle to a place designated by the court; or
2. 
Take custody of the motor vehicle and any contents of the motor vehicle and remove it to an appropriate location for disposition in accordance with law.
O. 
Before disposing of any vehicle forfeited under this section, the chief of police or designee shall make an inventory of the contents of any motor vehicle seized. Property seized under this section shall be disposed of by the chief of police or designee in accordance with this subsection. Property forfeited under this section includes both the vehicle that is the subject of the forfeiture action and the contents of the vehicle if those contents have not been recovered before the date of the disposal. The chief of police or designee may:
1. 
Sell the property at an auction conducted by an auctioneer not employed by the impound contractor and use the proceeds for payment of all proper expenses of seizure, custody, the costs of the auction, court costs, and municipal attorney fees, provided if such sale is arranged for by the impound contractor the municipality shall receive at least 30 percent of the proceeds of any sale of forfeited vehicles following deduction for the costs charged by the auctioneer for the auction of those vehicles regardless of whether the costs of impound and storage exceed the value of the vehicles sold;
2. 
Take custody of the property and use it in the enforcement of the municipal and state criminal codes; or
3. 
Destroy the property.
(AO No. 82-126; AO No. 83-168, 10-17-1983; AO No. 91-56(S); AO No. 91-190; AO No. 95-84(S-1), §§ 10—17, 4-27-1995; AO No. 95-163(S), §§ 6—9, 8-8-1995; AO No. 97-87, § 2, 6-3-1997; AO No. 2001-51, § 1, 2-27-2001; AO No. 2002-125, § 4, 8-20-2002; AO No. 2003-73, §§ 10, 11, 4-22-2003; AO No. 2003-106, §§ 5, 6, 7-1-2003; AO No. 2008-122, § 2, 12-16-2008; AO No. 2009-61, § 6, 7-7-2009; AO No. 2010-76, § 3, 10-26-2010; AO No. 2010-81(S-1), § 7, 12-7-2010, eff. 1-1-2011; AO No. 2011-113(S), § 61, 11-22-2011, eff. 12-22-2011; AO No. 2014-42, § 21, 6-21-2014; AO No. 2024-77, § 1, 9-10-2024, eff. 4-1-2025)
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, driving or in actual physical control of a motor vehicle or operating an aircraft or a watercraft under the influence under section 9.28.020B.1 or B.3, the amount of alcohol in the person's breath or blood 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 his 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 0.05 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 beverage.
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. 
Upon the trial of a civil or criminal action or proceedings arising out of acts alleged to have been committed by a person operating, driving or in actual physical control of a commercial motor vehicle under the influence in violation of section 9.28.020B.5, if there was less than 0.04 percent by weight of alcohol in the person's blood, or less than 40 milligrams of alcohol per 100 milliliters of the person's blood, or less than 0.04 gram of alcohol per 210 liters of the person's breath, that fact does not give rise to a 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 beverage. If there was 0.04 percent or more by weight of alcohol in the person's blood, or 40 milligrams or more of alcohol per 100 milliliters of the person's blood, or 0.04 gram or more of alcohol per 210 liters of the person's breath, it is presumed that the person was under the influence of an alcoholic beverage.
C. 
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.
D. 
The provisions of subsection 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 intoxicated.
E. 
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 state department of public safety. 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 state department of public safety, there is a presumption that the test results are valid and further foundation for introduction of the evidence is unnecessary.
F. 
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 to do so, 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.
G. 
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 attorney.
(CAC 9.28.020; AO No. 78-72; AO No. 79-194; AO No. 80-122; AO No. 81-75; AO No. 82-126; AO No. 90-41; AO No. 94-68(S), § 12, 8-11-1994; AO No. 2001-51, § 1, 2-27-2001; AO No. 2001-150, § 4, 8-28-2001;[1] AO No. 2002-125, § 5, 8-20-2002; AO No. 2011-113(S), § 62, 11-22-2011, eff. 12-22-2011)
[1]
Editor's note — AO No. 2001-150, as amended, lowered the legal limits effective 9-1-2001.
A. 
The municipality may enter into agreements with the state regarding incarceration of persons charged with or convicted of violations of this Code.
B. 
Imprisonment under section 9.28.020 or section 9.28.022D shall be served at such location as the commissioner of corrections may designate.
C. 
The cost of imprisonment resulting from the sentence imposed under section 9.28.020C or section 9.28.022D shall be paid to the municipality by the person being sentenced; provided, however, that the cost of imprisonment required to be paid under this subsection may not exceed $2,000.00. Upon the person's conviction, the court shall include the costs of imprisonment as a part of the judgment of conviction. Except for reimbursement from a permanent fund dividend as provided in this subsection, payment of the cost of imprisonment is not required if the court determines the person is indigent. For costs of imprisonment that are not paid by the person as required by this subsection, the municipality shall seek reimbursement from the person's permanent fund dividend as provided under AS 43.23.065.
D. 
The cost of imprisonment required to be paid under subsection C of this section by a convicted person shall be the amount determined and prescribed by regulation by the commissioner of corrections as the uniform average cost of imprisonment under AS 28.35.030(1).
(AO No. 94-68(S), § 13, 8-11-1994; AO No. 94-236, § 1, 1-3-1995; AO No. 2001-51, § 1, 2-27-2001; AO No. 2002-125, § 6, 8-20-2002)
A. 
If a person is under arrest for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle, and that arrest results from a crash that causes death or physical injury to another person, a chemical test may be administered without the consent of the person arrested to determine the amount of alcohol in that person's breath or blood.
B. 
A person who is unconscious or otherwise in a condition rendering that person incapable of refusal is considered not to have withdrawn the consent provided under section 9.28.021 and AS 28.35.031(a), and a chemical test may be administered to determine the amount of alcohol in that person's breath or blood. A person who is unconscious or otherwise incapable of refusal need not be placed under arrest before a chemical test may be administered.
C. 
If a chemical test is administered to a person under subsection A or B of this section, that person is not subject to the penalties for refusal to submit to a chemical test provided by AS 28.35.032, 28.35.034 or section 9.28.022.
(AO No. 82-126; AO No. 83-168, 10-17-1983; AO No. 2001-51, § 1, 2-27-2001; AO No. 2011-113(S), § 63, 11-22-2011, eff. 12-22-2011)
A. 
Discretionary impound.
1. 
A motor vehicle operated, driven or in the actual physical control of an individual arrested for or charged with an alleged violation of section 9.28.019, pertaining to driving while license suspended/revoked/cancelled, section 9.28.020, pertaining to driving while under the influence, section 9.28.022, pertaining to refusal to submit to chemical tests, or section 8.65.030, pertaining to soliciting, may be impounded and may be forfeited to the municipality in accordance with this section.
2. 
A motor vehicle operated, driven or in the actual physical control of an individual arrested for or charged with an alleged violation of section 9.28.030, pertaining to operating a motor vehicle without the required security in effect or proof of such security at the time of operation, may be impounded through a seizure of the vehicle incident to the citation or arrest, at the discretion of the officer or otherwise in accordance with this section.
B. 
It shall be presumed a vehicle operated by or driven by or in the actual physical control of an individual arrested for or charged with an alleged violation of section 9.28.030, section 9.28.019, section 9.28.020, section 9.28.022, or section 8.65.030, has been so operated by the registered owners thereof or has been operated by another person with the knowledge and consent of the registered owners. A vehicle so operated is declared to be a public nuisance for which the registered owners hold legal responsibility, subject only to the defenses as set forth by law. The purposes of this section and the impoundment and forfeiture provisions of sections 9.28.019, 9.28.020, 9.28.022, 9.28.030, and 8.65.030 include protecting the public, removing public nuisances, deterring driving under the influence, and protecting the public from uninsured motorists, but do not include the generation of revenue for the municipality.
C. 
General provisions.
1. 
In the case of an alleged violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030, and in addition to the penalties set forth in those sections, the vehicle used in the alleged violation shall be impounded for 30 days if the person driving, operating, or in the actual physical control of the vehicle has not been previously convicted and shall be forfeited to the municipality if the person driving, operating, or in the actual physical control of the vehicle has been previously convicted. Impoundment may be accomplished through a seizure of the vehicle incident to an arrest or pursuant to a court order entered in the course of civil or criminal enforcement proceedings. Impoundment through a seizure of the vehicle incident to an arrest is at the discretion of the arresting officer.
2. 
A case seeking civil impoundment or forfeiture is heard and decided by the Alaska State Court.
3. 
Upon the request of the municipality or a claimant, a civil proceeding seeking impoundment or forfeiture shall be held in abeyance until conclusion of any pending criminal charges arising out of the incident giving rise to the forfeiture or impoundment action under section 9.28.019, 9.28.020, 9.28.022, or 8.65.030.
4. 
Upon motion by the municipality, if it appears there is reasonable cause for the seizure of a vehicle or for the filing of a complaint for impound or forfeiture, the court shall find:
a. 
Reasonable cause exists, or any such action was taken under a reasonable good faith belief it was proper;
b. 
The claimant is not entitled to costs or damages; and
c. 
The municipality is not liable to suit or judgment for the seizure, suit or prosecution.
d. 
A claimant who fails to establish the claimant's interest is exempt from forfeiture pursuant to subsection C.6 shall pay reasonable costs and expenses of the municipality for the investigation and prosecution of the civil action, including reasonable attorney fees.
5. 
The civil impoundment or forfeiture of a seized vehicle under this section shall be through a civil action filed in Alaska State Court. The municipality may not bring an action for impoundment or forfeiture unless the action is brought within six months from the final disposition of the underlying criminal action against the driver operator of the seized vehicle.
6. 
A claimant of an ownership or security interest in the motor vehicle may avoid impound or avoid forfeiture of the claimant's interest in the civil action if the claimant establishes, by a preponderance of the evidence:
a. 
The claimant had a recorded interest in the motor vehicle at the time of the alleged violation or, if the interest was recorded after the alleged violation, the interest was acquired in good faith and not for purposes of avoiding impound or forfeiture;
b. 
A person other than the claimant was in possession of the vehicle and was responsible for or caused the act resulting in the impound or forfeiture;
c. 
The claimant did not know and could not reasonably have known the person would operate the vehicle in violation of section 9.28.019, 9.28.020, 9.28.022, 9.28.030 or 8.65.030; and
d. 
In cases where the municipality filed a civil action to forfeit a seized vehicle, the claimant took reasonable steps to prevent, as the phrase is defined in subsection F below, the person charged with violation section 9.28.019, 9.28.020, 9.28.022, 9.28.030, or 8.65.030 from violating section 9.28.019, 9.28.020, 9.28.022, 9.28.030, or 8.65.030.
e. 
A claimant who is a regulated lienholder meets its burden of proof under this subsection by filing with the court a copy of the vehicle's certificate of title or other security instrument reflecting the lien, together with an affidavit stating the amount of the lien and stating the claimant is a regulated lienholder and was not in possession of the vehicle at the time of the act resulting in the seizure of the vehicle. The presumptions provided in this subsection shall not apply to regulated lienholders.
f. 
For purposes of this section, when a person other than the claimant was in possession of the vehicle and was driving with a suspended, revoked, or cancelled license or in violation of a limited license or without a valid driver's license, it is presumed the claimant did have reasonable cause to believe the vehicle would be used in violation of section 9.28.019.
g. 
Also for purposes of this section, when the claimant and driver are not the same person and the claimant and driver have a familial relationship, such as husband and wife, father and daughter, mother and stepson, etc., or the claimant and driver live at the same address, it shall be presumed the claimant is responsible and the vehicle was operated by the driver, in violation of section 9.28.019, 9.28.020, 9.28.022, 9.28.030, or 8.65.030, with the knowledge and consent of the claimant.
h. 
If a claimant was in the vehicle at the same time the vehicle was being operated by the driver in violation of section 9.28.020 or 9.28.022, it shall be presumed the claimant knew and consented to operation of the vehicle in violation of section 9.28.020 or 9.28.022.
i. 
A claimant is not required by this subsection to take steps the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the impound or forfeiture) to physical danger.
j. 
For purposes of this section, corporations and other entities are deemed to have knowledge of the acts, omissions, and driving record of directors, officers, and other managers, regardless of whether the directors, officers, or other managers are acting within the scope of employment.
7. 
Within two days of seizure, parties with an interest in the vehicle, including lienholders, as shown on the vehicle ownership records of the State of Alaska, Division of Motor Vehicles, or an agency with similar responsibilities in another state, shall be served with notice of seizure by certified mail sent to the address of record as shown in the vehicle ownership records of the State of Alaska, or an agency with similar responsibility in another state, or residence address as indicated in the police report.
a. 
For purposes of computing the two-day period, the day the vehicle was seized is not included. For purposes of computing the two-day period, Saturdays, Sundays, and municipal holidays, are not included. This period may be reasonably extended for those instances when vehicle ownership records are not accessible from the State of Alaska, Division of Motor Vehicles, or an agency with similar responsibilities in another state.
b. 
The notice of seizure shall notify parties of the right to a post-seizure probable cause hearing if such hearing is requested, in writing, within ten days after the date the notice of the seizure is mailed, as evidenced by the postmark.
c. 
If notice is not provided, as required by this subsection, the municipality shall waive the administrative fee.
d. 
If a registered owner was personally served at the time of impoundment with a notice containing all the information required by this section, no further notice is required to be sent to that registered owner.
e. 
A notice of seizure that notifies a registered owner who was arrested for, or charged with, an alleged violation of section 9.28.019, 9.28.020, 9.28.022, 9.28.030, or 8.65.030 of the right to contest seizure under Alaska Criminal Rule 37(c) meets the requirement of subsection C.7.b.
8. 
The municipality may enter into an agreement with the registered owner or lienholder of the vehicle to resolve a civil impound or forfeiture action arising under section 9.28.019, 9.28.020, 9.28.022, 9.28.030 or 8.65.030 and permit release of the vehicle. Any such agreement shall include:
a. 
Acceptance by the owner or lienholder of responsibility for meeting the requirements of subsection C.9;
b. 
Agreement the owner or lienholder shall take reasonable steps to prevent the individual arrested for or charged with driving under the influence or with refusal to submit to chemical tests from operating the vehicle until properly licensed; and
c. 
Acknowledgment by the owner or lienholder that failure to fulfill the obligations under the agreement may result in forfeiture of the vehicle at the option of the municipality. This requirement shall not apply to a regulated lienholder required by other law or by the terms of the agreement creating the lien to permit the individual to recover the vehicle upon payment of the lien or cure of any default.
9. 
No vehicle shall be released unless the applicant:
a. 
Provides proof of insurance in a form acceptable to the municipality;
b. 
Provides proof of ownership or, if a lienholder, a legal right to repossess the vehicle; and
c. 
Pays or provides proof of payment of any costs imposed, including the impound fees, storage fees and any court costs imposed. The impound fee shall be the actual cost of impound plus an administrative charge of $410.00 to offset the municipality's processing costs for seizures of vehicles based on an alleged violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030.
i. 
Notwithstanding subsection C.9.c above, where the municipality declines or dismisses the criminal charges that correspond to a seizure of a vehicle based on an alleged violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030, the administrative charge shall be $200.00.
ii. 
The administrative charge may be waived in exceptional cases or if it is in the best interests of the municipality. The administrative charge shall not be imposed if notice is not provided as required under subsection C.7 or the administrative hearing officer finds no probable cause under subsection C.13.
d. 
Pays or provides proof of payment of any costs imposed, including the impound fees, storage fees and any court costs imposed. The impound fee shall be the actual cost of impound plus an administrative charge of $200.00 to offset the municipality's processing costs for seizures of vehicles based on an alleged violation of section 9.28.030.
10. 
An acquittal or a conviction of a lesser offense in a criminal proceeding for a violation of chapter 9.28 provides a defense in a civil proceeding seeking impoundment or forfeiture of the vehicle, if that civil proceeding is based on the same conduct that forms the basis for the criminal charge.
11. 
Temporary release of vehicle pursuant to vehicle return bond.
a. 
A registered owner or lienholder may obtain temporary release of a vehicle seized by the municipality pursuant to this subsection.
b. 
The purpose of setting a vehicle return bond on the vehicle is to secure the presence of the vehicle and to provide security to be forfeited along with the proceeds of a sale, transfer, or encumbrance if the vehicle is sold, transferred, or encumbered after the vehicle has been released pending the final disposition in the criminal action against the driver of the seized vehicle or the final disposition in the civil action against claimants of the seized vehicle. If the vehicle's release has been obtained through the posting of a vehicle return bond and the vehicle is not returned according to the terms of release, or pursuant to the court's order, the municipality may, in addition to retaining the forfeited bond funds, seize the vehicle to implement the impoundment or forfeiture ordered by the court. A person who secures the release of a vehicle pursuant to a vehicle return bond must return the vehicle if required by the terms of the vehicle return bond or upon order of the court. If a vehicle has not been impounded for a longer period than the vehicle would be impounded if the person were convicted, the court shall not delete the requirement of the vehicle return bond or exonerate a posted vehicle return bond until the vehicle for which bond has been posted is returned pursuant to court order. A vehicle return bond shall be posted with the municipality and in cash only. A vehicle return bond shall be set at a minimum of:
i. 
$250.00, if the person charged with a violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 has not been previously convicted;
ii. 
$500.00, if the person charged with a violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 has been previously convicted and the vehicle is 20 years old or older;
iii. 
$1,000.00, if the person charged with a violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 has been previously convicted and the vehicle is 15 years old or older but less than 20 years old;
iv. 
$1,500.00, if the person charged with a violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 has been previously convicted and the vehicle is ten years old or older but less than 15 years old;
v. 
$2,000.00, if the person charged with a violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 has been previously convicted and the vehicle is five years old or older but less than ten years old; and
vi. 
$2,500.00, if the person charged with a violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 has been previously convicted and the vehicle is less than five years old.
c. 
A vehicle return bond may be set above the minimum if the vehicle appears to have unusually high value for its age. A vehicle may not be released pursuant to a vehicle return bond unless release is in compliance with subsection C.9.
d. 
If the person who secured the release of the vehicle does not cause the vehicle to be returned to impoundment for the purpose of impoundment or forfeiture in accordance with the terms of release, the bond is forfeited to the municipality. The municipality may also seek a court order forfeiting the bond and forfeiting the proceeds of any sale, transfer, or encumbrance to the municipality if the vehicle has been sold, transferred, or encumbered while subject to a vehicle return bond. Upon motion to the court, the court shall order forfeiture of the bond and any proceeds. For purposes of this subsection, it shall be presumed the amount of proceeds of any sale, transfer, or encumbrance is the assessed or appraised value of the seized vehicle as defined in subsection F below.
e. 
Personal property in a vehicle subject to a vehicle return bond under this subsection and not released pursuant to that vehicle return bond may be recovered from a vehicle pursuant to section 9.54.030B by the owner or authorized agent being allowed at least one-time access to the towed vehicle free of charge. Subsequent access to the vehicle may be granted only to [BY] the owner of the vehicle and only upon payment of a fee charged for monitoring the recovery of such personal property. Such fee shall be set by contract between the towing and storage contractor and the municipality if it is not established by ordinance. Such fee shall be recoverable by the owner of the vehicle if a court makes a specific finding that seizure of the vehicle was legally unjustified or pursuant to a stipulation between the parties.
f. 
The court shall order the forfeiture of a vehicle return bond if a person charged under section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 obtains temporary release of a seized vehicle and does not appear before the court as ordered.
12. 
For purposes of this section, time shall be calculated as set forth in Alaska Rule of Civil Procedure 6, unless otherwise stated.
13. 
When a timely request for a post-seizure probable cause hearing is made, a hearing shall be held before an administrative hearing officer. The hearing shall be held within three days after the request is received, excluding weekends and municipal holidays. The hearing may be postponed upon agreement of the parties.
a. 
The purpose of the hearing is to determine whether there was probable cause to seize the vehicle. The administrative hearing officer shall not make a final adjudication of impoundment or forfeiture of the vehicle. Findings by the administrative hearing officer shall not collaterally estop the issue of probable cause or any other factual or legal issue from being decided by the court.
b. 
The post-seizure probable cause hearing shall be by telephone unless otherwise requested by the administrative hearing officer or upon a showing of prejudice to either party.
c. 
If the law enforcement officer provides a signed police report or affidavit with the name and badge number or other identifying mark of the law enforcement officer to the administrative hearing officer, the law enforcement officer need not be present at the hearing unless requested by the person requesting the hearing or the administrative hearing officer.
i. 
For purposes of this subsection, the requirement of a signed police report may be satisfied by a police report bearing an officer's electronic signature.
ii. 
In the case where the presence of the law enforcement officer is requested, the hearing may be postponed an additional seven days in order to allow the law enforcement officer to be present.
iii. 
If the law enforcement officer is unavailable because of vacation, sickness, or other similar reason, the hearing may be postponed a reasonable time period in order to accommodate the law enforcement officer's unavailability.
d. 
If the person requesting a hearing fails to appear, the person shall waive the right to a hearing.
e. 
If the administrative hearing officer finds there was no probable cause to seize the vehicle:
i. 
The vehicle shall be released without municipal administrative fees; and
ii. 
The registered owner or lienholder may make a claim to the municipality for towing and storage.
14. 
The burden of proof for an action brought pursuant to this section is preponderance of the evidence.
15. 
For purposes of this section, the parties may agree to extend, reduce or otherwise alter the time limits set by this section.
16. 
The owner of a vehicle or the designated agent of the owner of a vehicle that is the subject of an impoundment or forfeiture action may relinquish to the municipality any ownership interest possessed by the owner as part of an agreement to resolve the action.
17. 
Nothing in this section shall be construed to place upon a regulated lienholder a duty to inquire into the driving record of any loan applicant or any member of the loan applicant's family or household, and failure to do so shall not be usable as evidence against the regulated lienholder in any forfeiture proceeding or other civil action.
18. 
Upon motion of the municipality, the court shall void the transfer of title or any interest in a seized vehicle occurring subsequent to the seizure of the vehicle pursuant to this section.
a. 
If the vehicle is temporarily released pursuant to a vehicle return bond and the transferee is able to establish by a preponderance of the evidence the transferee did not know the municipality seized the vehicle, the court shall order the transferor to forfeit the proceeds from the sale, transfer, or encumbrance to the municipality.
b. 
For purposes of this subsection, it shall be presumed the amount of proceeds of any sale, transfer, or encumbrance is the assessed value of the seized vehicle.
D. 
Impoundment.
1. 
A motor vehicle operated, driven, or in the actual physical control of an individual arrested for, or charged with, an alleged violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 may be ordered impounded either upon conviction of the defendant of a violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030, or upon the decision of a court in a separate civil proceeding. To obtain an order for impoundment in a contested proceeding, the municipality must establish by a preponderance of the evidence that the vehicle was operated, driven, or in the actual physical control of an individual who was acting in violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030.
2. 
A vehicle may be seized for impound under the circumstances set forth in subsection E.3.
3. 
A vehicle seized incident to an arrest may be held by the municipality for up to two days before the owner or lienholder may obtain release of the seized vehicle.
a. 
For purposes of computing the two-day period, the day the vehicle was seized is not included. For purposes of computing the two-day period, Saturdays, Sundays and municipal holidays are not included.
4. 
A vehicle ordered impounded under this section shall be held for a period of 30 days. An impoundment order may be made either upon conviction of the defendant of a violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 or upon decision of a court in a separate civil proceeding.
5. 
Vehicles ordered impounded under this section not claimed at the end of the 30-day, court-ordered period of impoundment may be disposed of pursuant to the provisions of AS 28.10.502.
a. 
If the contents of the vehicle have not been recovered before such disposal, the contents may be disposed of with the vehicle.
b. 
Personal property in a vehicle subject to a vehicle return bond under subsection C.11 above, and not released pursuant to that vehicle return bond may be recovered from a vehicle only by the owner of the vehicle and only upon payment of a fee charged for monitoring the recovery of such personal property.
c. 
Each tow operator shall allow at least one-time access to the towed vehicle by the vehicle owner or authorized agent to remove items pursuant to section 9.54.030B. Additional access to the vehicle prior to a release may be subject to a fee for monitoring the recovery of personal property as set by contract between the towing and storage contractor and the municipality if it is not established by ordinance.
d. 
The fee for monitoring the recovery of personal property shall be recoverable by the owner of the vehicle if a court makes a specific finding the seizure of the vehicle was legally unjustified or pursuant to a stipulation between the parties.
6. 
Civil release of the vehicle does not affect or change the criminal proceedings incurred as a result of the violation.
E. 
Forfeiture.
1. 
To obtain an order for forfeiture under this section in a contested proceeding, the municipality must establish by a preponderance of the evidence that:
a. 
The vehicle was operated, driven or in the actual physical control of an individual who was acting in violation of section 9.28.019, 9.28.020 or 9.28.022, or 8.65.030; and
b. 
The individual has been previously convicted.
2. 
A motor vehicle operated, driven or in the actual physical control of an individual arrested or charged with an alleged violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 may be forfeited to the municipality either upon conviction of the defendant of a violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 or upon decision of a court in a separate civil proceeding.
3. 
A motor vehicle may be seized and towed to a secure location by a peace officer or a peace officer's designee upon an order issued by a court having jurisdiction over the motor vehicle upon a showing of probable cause that the motor vehicle may be forfeited or impounded under this section, section 9.28.019, 9.28.020, 9.28.022, or 8.65.030. Seizure without a court order may be made if:
a. 
The impoundment is incident to an arrest;
b. 
The motor vehicle has been ordered impounded or forfeited and that order has not yet been executed; or
c. 
There is probable cause to believe the motor vehicle was operated, driven or in the actual physical control of an individual in violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030.
d. 
A vehicle seized incident to an arrest may be held by the municipality for up to two days before the owner or lienholder can obtain release of the seized vehicle.
e. 
For purposes of computing the two-day period, the day the vehicle was seized is not included. For purposes of computing the two-day period, Saturdays, Sundays, and municipal holidays are not included.
4. 
A motor vehicle seized for the purpose of forfeiture or impoundment shall be held in the custody of the police department or a private corporation authorized by the chief of police to retain custody of the motor vehicle, subject only to the orders and decrees of the court having jurisdiction over any forfeiture or impoundment proceedings. If a motor vehicle is seized under this section, section 9.28.019, 9.28.020, 9.28.022, or 8.65.030, the chief of police, or authorized designee shall allow at least one-time access to the towed vehicle by the vehicle owner or authorized agent to remove items pursuant to section 9.54.030B. Thereafter the chief of police, or authorized designee may:
a. 
Remove the motor vehicle and any contents of the motor vehicle to a place designated by the court; or
b. 
Take custody of the motor vehicle and any contents of the motor vehicle and remove it to an appropriate location for disposition. No private corporation may make or perform a contract to tow, store, or retain custody of motor vehicles seized or impounded under this section, section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 if any of the owners of that private corporation have been convicted of a felony or any crime involving larceny, theft, or receiving and concealing stolen property within ten years before the date of execution of the contract or during the term of the contract. No private corporation may make or perform a contract to tow, store, or retain custody of motor vehicles seized or impounded under this section, section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 if any of the employees of that private corporation have been convicted of a felony or any crime involving larceny, theft, or receiving and concealing stolen property within five years before the date of execution of the contract or during the term of the contract.
5. 
Following a forfeiture order under this section, section 9.28.019, 9.28.020, or 9.28.022, or 8.65.030, the chief of police, or authorized designee, shall make an inventory of the contents of any motor vehicle seized. Personal property in a vehicle subject to a vehicle return bond under subsection C.11 and not released pursuant to that vehicle return bond or pursuant to section 9.54.030B may be recovered from a vehicle only by the owner of the vehicle and only upon payment of a fee charged for monitoring the recovery of such personal property. Such fee shall be set by contract between the towing and storage contractor and the municipality if it is not established by ordinance. Such fee shall be recoverable by the owner of the vehicle if a court makes a specific finding the seizure of the vehicle was legally unjustified or pursuant to a stipulation between the parties.
6. 
A claimant may petition the court for sale of a motor vehicle before final disposition of court proceedings. The court shall grant a petition for sale upon a finding the sale is in the best interest of the municipality. Proceeds from the sale plus interest to the date of final disposition of the court proceedings become the subject of the forfeiture action.
7. 
Property forfeited under this section, section 9.28.019, 9.28.022, or 8.65.030 shall be disposed of by the chief of police, or authorized designee, in accordance with this subsection. Property forfeited under this section, section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 includes both the vehicle that is the subject of the forfeiture action and the contents of the vehicle, if those contents have not been recovered before the date of the disposal. The chief of police, or authorized designee, may:
a. 
Sell the property at an auction conducted by an auctioneer not employed by the impound contractor and use the proceeds for payment of all proper expenses of seizure, custody, the costs of the auction, court costs, and municipal attorney fees, provided if such sale is arranged for by the impound contractor, the municipality shall receive at least 30 percent of the proceeds of any sale of forfeited vehicles following deduction for the costs charged by the auctioneer for the auction of those vehicles regardless of whether the costs of impound and storage exceed the value of the forfeited vehicles sold;
b. 
Take custody of the property and use it in the enforcement of the municipal and state criminal codes; or
c. 
Destroy the property.
d. 
Property forfeited and sold at auction pursuant to this section, section 9.28.019, 9.28.020, 9.28.022, and 8.65.030 shall be sold by an auctioneer approved before the auction by the chief of police, or authorized designee.
i. 
Before the auction, the chief of police, or authorized designee, must approve in advance the auctioneer's costs or the method for determining the auctioneer's costs.
ii. 
The impound contractor shall provide to the chief of police, or authorized designee, a copy of the auctioneer's report of the auction notarized by the auctioneer.
iii. 
The municipal auditor shall certify the proper disposal of property forfeited under this section, section 9.28.019, 9.28.020, 9.28.022, and 8.65.030.
iv. 
The chief of police may adopt rules and regulations to implement this section.
8. 
Upon a showing a claimant is entitled to remittance in accordance with this section, the court shall order that:
a. 
If the claimant is entitled to the motor vehicle, it shall be delivered to the claimant immediately subject to section 9.28.026C.9; or
b. 
If the claimant is entitled to remittance of some value less than the total value of the motor vehicle, the claimant is entitled at the claimant's choice to receive either the value of the claimant's interest after the sale of the vehicle at an auction following deduction of the costs of the auction or, upon request and payment of the difference in value by the claimant, the motor vehicle itself.
c. 
When a vehicle is subject to forfeiture under this section, and when the vehicle is sold and the lienholder interest exceeds the sale price, the owner may be held responsible for the difference and the municipality's costs.
9. 
The storage and impound costs as well as any court costs imposed for vehicles seized under this section shall be borne by the person redeeming such vehicle as owner or in behalf of the owner or as having an interest in the vehicle. The amount of such costs shall be determined as provided in subsection C.9.
10. 
In a contested forfeiture proceeding concerning a vehicle titled in the names of more than one owner on the certificate of title, the court shall apply this subsection.
a. 
If one owner does not avoid forfeiture, the court may order the forfeiture of the entire interest of all the owners in a vehicle titled in the names of more than one owner in the disjunctive. Title in the disjunctive is significant by the use of the word "or" between the names of the owners listed on the certificate of title.
b. 
If such owner does not avoid forfeiture, the court shall order the forfeiture of the interest of any owner in a vehicle titled in the names of more than one owner in the conjunctive. Title in the conjunctive is signified by use of the word "and" between the names of the owners listed on the certificate of title. Owners of a vehicle titled in the names of more than one owner in the conjunctive are presumed to own the vehicle in equal shares.
c. 
In circumstances described in this subsection, the court shall order the vehicle be sold at public auction and further order the proceeds from the sale of the vehicle be held by the treasury division of the municipality's finance department.
d. 
After deduction of the reasonable costs of the auction, an amount of the proceeds of the auction for the sale of that vehicle which is equal to the interests of the owners whose interests have not been forfeited shall be returned to those owners, if those owners apply to the treasury division of the municipality's finance department within 60 days of the auction.
i. 
If the owners whose interests have not been forfeited do not apply within that period, those funds become the property of the municipality subject to the rights of any other claimant to those funds.
11. 
Property subject to the interest of a lienholder whose interest has not been forfeited may not be disposed of as provided in this section without the consent of the lienholder. A regulated lienholder's interest in a vehicle shall not be subject to forfeiture in any case where:
a. 
The individual who allegedly used the vehicle in violation of section 9.28.019, 9.28.020, 9.28.022, or 8.65.030 is not the person whose dealings with the lienholder gave rise to the lien; or
b. 
The vehicle the individual was driving, operating, or was in actual physical control of at the time of the alleged violation was not the vehicle involved in the event giving rise to the conviction.
F. 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
"Administrative hearing officer"
means a person designated to conduct post-seizure probable cause hearings.
"Assessed or appraised value of a motor vehicle"
means the value set out in the National Automobile Dealers Association Book (NADA) for the same or similar make and model and accessorized motor vehicle. In the event there is no NADA value for a motor vehicle, the value shall be set at a minimum of $500.00.
"Driver"
has the same meaning as set forth in section 9.04.010.
"Legally unjustified"
means there was:
1. 
No reasonable suspicion for the stop of the vehicle leading to an arrest for soliciting, driving without a valid license, driving under the influence, operating a motor vehicle that is public nuisance under section 9.28.035, or operating without the required security based on the individual allegedly operating, driving, or being in actual physical control of the vehicle; or
2. 
No probable cause for the arrest of an individual for soliciting, driving without a valid license, driving under the influence, operating a motor vehicle that is public nuisance under section 9.28.035, or operating without the required security based on the individual allegedly operating, driving, or being in actual physical control of the vehicle.
"Person"
has the same meaning as set forth in section 9.04.010.
"Previously convicted"
means:
1. 
If charged with violating section 9.28.019, having been convicted in this or another jurisdiction of operating a motor vehicle while their license is canceled, suspended or revoked, or in violation of a limitation, under section 9.28.019 or another law or ordinance with substantially similar elements within ten years preceding the date of the present offense.
2. 
If charged with violating either section 9.28.020 or 9.28.022, having been convicted in this or another jurisdiction of operating a motor vehicle, aircraft, or watercraft while under the influence under section 9.28.020 or another law or ordinance with substantially similar elements, or of refusal to submit to a chemical test under section 9.28.022 or 28.35.032 or another law or ordinance with substantially similar elements.
3. 
If charged with violation section 8.65.030C or another law or ordinance with substantially similar elements within ten years preceding the date of the present offense.
4. 
Convictions for violation of sections 9.28.020 and 9.28.022 arising out of a single transaction and a single arrest are considered one previous conviction.
"Reasonable steps to prevent"
means the claimant has the burden of showing, by a preponderance of the evidence, that:
1. 
The claimant secured the keys to the vehicle or the vehicle itself in a way that should have prevented the person charged with violating this chapter from obtaining access to the vehicle; or
2. 
Informed the police, before seizure of the vehicle, the vehicle was being operated in violation of this chapter; or
3. 
Permitted the person charged with violating this chapter to operate the vehicle only after examining what appeared to be a valid driver's license; or
4. 
Expressly prohibited operators of the vehicle, who are not registered owners of the vehicle, from permitting other third-parties to operate the vehicle.
"Registered owner"
means the owner of the vehicle at the time of offense, as shown in the vehicle ownership records of the State of Alaska, Division of Motor Vehicles or another agency with similar responsibilities in another state, but may include subsequent good faith purchasers.
"Regulated lienholder"
means an entity whose lien on the vehicle is a result of lending activities subject to regulation by the National Credit Union Administration, the comptroller of the currency or other federal banking regulators, the Federal Trade Commission, or the state department of commerce and economic development.
"Vehicle"
shall have the same meaning as set forth in section 9.04.010.
(AO No. 82-205; AO No. 83-168, 10-17-1983; AO No. 93-87(S-2), 1-1-1994; AO No. 94-71(S), § 1, 4-26-1994; AO No. 95-84(S-1), § 18, 4-27-1995; AO No. 95-163(S), §§ 10—19, 8-8-1995; AO No. 97-87, § 3, 6-3-1997;[1] AO No. 2001-51, § 1, 2-27-2001; AO No. 2001-72, § 1, 7-1-2002; AO No. 2001-139, § 2, 7-1-2002; AO No. 2001-150, § 6, 8-28-2001; AO No. 2003-73, §§ 12—14, 4-22-2003; AO No. 2003-106, §§ 7, 8, 7-1-2003; AO No. 2003-152S, § 2, 1-1-2004; AO No. 2003-155, § 2, 6-1-2004; AO No. 2004-61, § 1, 3-2-2004; AO No. 2006-89(S), § 1, 6-6-2006; AO No. 2006-115, § 1, 9-12-2006; AO No. 2007-60, § 2, 11-1-2007; AO No. 2007-161, § 3, 12-11-2007; AO No. 2008-126, § 1, 1-6-2009; AO No. 2010-76, § 4, 10-26-2010; AO No. 2010-81(S-1), § 8, 12-7-2010, eff. 1-1-2011; AO No. 2012-16, § 3, 2-14-2012, retro eff. 12-22-2011; AO No. 2012-55, § 1, 7-10-2012; AO No. 2015-126, § 2, 1-1-2016; AO No. 2024-77, § 1, 9-10-2024, eff. 4-1-2025)
[1]
Editor's note — AO No. 97-87 occasioned by 1996 Proposition 3 Initiative enacting Chapter XXI.
A. 
It is unlawful for the person who has secured the release of a vehicle under a vehicle return bond under section 9.28.019, 9.28.020, 9.28.022, 9.28.026, 9.28.030, 9.28.035, or 8.65.030 to willfully fail to return that vehicle when ordered by a court. Each day a vehicle is not returned constitutes a separate offense under this section.
B. 
The municipality may retain a vehicle return bond, if the terms of the bond agreement are breached, without further court order or prior notice to the person posting the bond, if the person posting the bond acknowledged, at the time of posting the bond, the municipality's right to do so. Persons aggrieved by retention of a vehicle return bond may:
1. 
Request relief from the municipal attorney; and
2. 
Appeal the decision of the municipal attorney to the administrative hearing officer under Chapter 3.60.
(AO No. 95-84(S-1), § 19, 4-27-1995; AO No. 2001-72, § 3, 7-1-2002; AO No. 2001-139, § 3, 7-1-2002; AO No. 2003-155, § 3, 6-1-2004; AO No. 2004-61, § 1, 3-2-2004; AO No. 2007-60, § 3, 4-10-2007; AO No. 2007-161, § 4, 12-11-2007; AO No. 201-76, § 5, 10-26-2010)
A. 
The owner or operator of a motor vehicle shall have a current motor vehicle liability policy, or other security that complies with Alaska Statutes Title 28, when operating the vehicle within the municipality and shall have proof of such insurance in the person's immediate possession at all times when driving a motor vehicle. The owner or operator of a motor vehicle shall present the proof for inspection upon the demand of a police officer.
B. 
In this section, "proof" means
1. 
A copy of the insurance policy or certificate of self-insurance that is in effect;
2. 
A printed card or electronic certification from an insurance company, agent, or broker that a policy that complies with Alaska Statutes Title 28 is in effect; or
3. 
The display on a mobile electronic device of verification from an insurance company, agent, or broker that a policy that complies with Alaska Statutes Title 28 is in effect.
C. 
A person charged with violating this section may not be convicted if the person produces proof of motor vehicle liability insurance previously issued to the person that was valid at the time of the person's citation. Such proof may be presented at the Anchorage Police Department by the deadline stated on the citation, or after that deadline by requesting a traffic trial and presenting proof in court.
D. 
A motor vehicle operated, driven, or in the actual physical control of an individual charged with a violation of this section may be impounded through a seizure of the vehicle in accordance with the provisions of 9.28.026.
(CAC 9.12.010; AO No. 267-76; AO No. 78-72; AO No. 78-230(S); AO No. 83-168, 10-17-1983; AO No. 89-52; AO No. 91-57(S); AO No. 2001-139, § 1, 7-1-2002; AO No. 2002-125, § 7, 8-20-2002; AO No. 2002-175, § 1, 1-14-2003; AO No. 2003-73, §§ 15, 16, 4-22-2003; AO No. 2003-106, §§ 9, 10, 7-1-2003; AO No. 2003-157, § 1, 12-17-2003; AO No. 2006-89(S), § 2, 6-6-2006; AO No. 2006-153, § 1, 6-6-2006; AO No. 2010-76, § 6, 10-26-2010; AO No. 2010-81(S-1), § 9, 12-7-2010, eff. 1-1-2011; AO No. 2011-113(S), § 64, 11-22-2011, eff. 12-22-2011; AO No. 2012-16, §§ 1, 4, 2-14-2012, retro eff. 12-22-2011; AO No. 2015-126, § 1, 1-1-2016)
A. 
Any motor vehicle operated by a person who accumulates delinquent traffic fines totaling more than $2,500.00 within the previous five years is a public nuisance subject to abatement as provided in this section. For the purposes of this section, fines older than five years from the date the fine became delinquent may not be used to calculate a person's total delinquent traffic fines. The purpose of abatement is not to generate revenue.
B. 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
"Arrest"
means traffic stops by a peace officer for the purpose of issuing a citation and detentions based upon reasonable suspicion of criminal activity.
"Delinquent traffic fine"
means an unpaid traffic fine referred to the municipality for collection by the Alaska Court System.
"Traffic fine"
means a fine issued by the municipality for a moving violation, which is any violation of any offense in this Code governing the driving or movement of vehicles, or of an offense identified in the State of Alaska, Division of Motor Vehicles' Traffic Offenses Demerit Point System schedule published at 2 AAC 90.310, as may be amended or renumbered, and including not having proof of insurance. Moving violations shall not include equipment violations or paperwork violations relating to registration, licensing, and inspection. Traffic fine does not include fines for parking violations.
C. 
A motor vehicle that is a public nuisance may be abated through seizure by order of the court upon a showing of probable cause the motor vehicle was operated in violation of subsection A. Abatement without a court order may be made if seizure is incident to an arrest and there is probable cause to believe the motor vehicle was operated in violation of subsection A.
D. 
A vehicle seized under subsection C may be held by the municipality for up to two days before the registered owner or lienholder may obtain release of the seized vehicle. For purposes of computing the two-day period, the day the vehicle is seized is not included and Saturdays, Sundays, and municipal holidays are not included.
E. 
Notice of the seizure shall be provided as set forth in section 9.28.026C.7.
F. 
A post-seizure probable cause hearing shall be provided as set forth in section 9.28.026C.13. unless seizure is pursuant to a court order.
G. 
If the registered owner or lienholder was not the person operating the motor vehicle in violation of this section, the registered owner or lienholder may obtain release of the motor vehicle upon:
1. 
Agreement the registered owner or lienholder shall take reasonable steps to prevent the operation of the motor vehicle in violation of this section;
2. 
Proof of insurance of the motor vehicle in a form acceptable to the municipality;
3. 
Proof of ownership or a legal right to repossess the vehicle; and
4. 
Payment of an administrative fee of $205.00, towing and storage fees, and any court costs imposed.
H. 
If the registered owner or lienholder was the person operating the motor vehicle in violation of this section, the registered owner or lienholder may obtain release of the motor vehicle upon:
1. 
Complete payment of all delinquent traffic fines;
2. 
Proof of insurance of the motor vehicle in a form acceptable to the municipality;
3. 
Proof of ownership or a legal right to repossess the vehicle; and
4. 
Payment of an administrative fee of $410.00, towing and storage fees, and any court costs imposed.
I. 
A motor vehicle seized under this section may be forfeited to the municipality upon order of the court. The municipality may not bring an action for forfeiture unless the action is brought within six months from the date of seizure of the vehicle.
1. 
To obtain an order for forfeiture the municipality must establish by a preponderance of the evidence the motor vehicle was operated in violation of this section.
2. 
A registered owner or lienholder may avoid forfeiture and obtain release of the motor vehicle without fees or costs after showing by a preponderance of the evidence the motor vehicle was legally unjustified as defined under section 9.28.026F.
3. 
If the registered owner or lienholder fails to show the motor vehicle was legally unjustified, the court shall order the motor vehicle forfeited to the municipality, if the motor vehicle is not retrieved under subsection G or H, as applicable, within five days of the order.
4. 
A registered owner or lienholder may, after the commencement of an action under this section, retrieve the motor vehicle under subsection G or H, as applicable.
J. 
A registered owner may obtain temporary release of a vehicle upon:
1. 
Proof of insurance of the motor vehicle in a form acceptable to the municipality;
2. 
Proof of ownership or a legal right to repossess the vehicle;
3. 
Payment of an administrative fee under subsection G or H as applicable, towing and storage fees and posting in cash a vehicle return bond in the amount of $1,000.00.
K. 
Notwithstanding the determination of a vehicle as a public nuisance under this section, the vehicle return bond shall be returned to a registered owner or lienholder who was not operating a motor vehicle in violation of this section if the registered owner complies with subsection G.1.
L. 
The vehicle return bond in shall be forfeited to the municipality if a registered owner or lienholder who was operating a motor vehicle in violation of this section fails to show the seizure of the motor vehicle was legally unjustified under subsection I and the registered owner or lienholder fails to return the vehicle to the municipality in accordance with the terms of release or upon order of the court. The court shall, upon motion by the municipality, also order seizure of the vehicle.
M. 
A motor vehicle forfeited under subsection I may be disposed of as set forth in section 9.28.026E.7.
N. 
Proof a registered owner or lienholder did not known or could not reasonably have known the vehicle was operated in violation of this section is not a defense to the requirements of release under subsection G or H, as applicable, or to an action under subsection I.
O. 
The administrative fee under subsection G or H, as applicable, may be waived in exceptional cases or if it is in the best interests of the municipality. The administrative fee shall not be imposed if notice is not provided as required under subsection E or the administrative hearing officer finds no probable cause under subsection F. The administrative fee under subsection G.4 shall be waived if the person has not previously entered an agreement under subsection G.1 in the prior five years.
(AO No. 2007-161, § 5, 12-11-2007; AO No. 2010-76, § 7, 10-26-2010; AO No. 2010-81(S-1), § 10, 12-7-2010, eff. 1-1-2011; AO No. 2023-67(S-1), § 1, 8-22-2023)
A. 
If the acts for which a person is convicted under section 9.28.020 contribute to a motor vehicle crash, the court shall order the person to pay the reasonable costs of any emergency services responding to the crash, if the convicted person or the convicted person's insurer has not already paid the cost of the emergency services.
B. 
If payment is required under this section, the payment shall be made directly to the emergency services and shall be equal to the actual cost of responding to the crash or the previous year's annual average cost of responding to a motor vehicle crash, whichever is higher.
C. 
In this section, emergency services includes peace officers, fire department services, ambulance services, emergency medical technicians, and emergency trauma technicians.
(AO No. 2001-145(S-1), § 7, 12-11-2001; AO No. 2006-152, § 3, 1-1-2007; AO No. 2011-113(S), § 65, 11-22-2011, eff. 12-22-2011)
A. 
It is unlawful for the driver of any vehicle to use a mobile communication device while driving a vehicle within an active school zone or upon school grounds, unless:
1. 
The vehicle is stopped; or
2. 
The mobile communication device is being used with a hands-free device.
B. 
It is an affirmative defense under this section that the mobile communication device was used to dial 911 and make an emergency call.
C. 
This section does not apply to an operator of an authorized emergency vehicle using a mobile communication device while acting in an official capacity, if the person reasonably believes hands on use of the mobile communications device is necessary to respond to or address a health, safety or criminal matter.
D. 
Definitions. For purposes of this section, the following definitions apply:
"Active school zone"
means a school zone with signage, as defined in section 9.04.010, between 6:00 a.m. and 9:00 p.m. and where the maximum speed is 25 miles per hour or less on the streets permanently or due to a temporary speed reduction.
"Hands-free device"
means speakerphone capability, an attachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a mobile communication device or in a motor vehicle, that allows use of the mobile communication device without use of either of the operator's hands.
"Mobile communication device"
means a cellular telephone, smart phone, personal data assistant, wireless tablet, computer or any similar device used for voice or visual communication.
E. 
Penalties. A person who violates subsection A is guilty of:
1. 
A violation and shall be subject to the fine amount in section 9.48.130, unless the circumstances in subsection E.2 of this subsection apply.
2. 
A class A misdemeanor if the person's driving causes physical injury or death to another person, and shall be punished as provided in section 9.48.010D.
(AO 2019-51(S), § 1, 6-20-2019)
A. 
A person who is at least 14 years of age but not yet 21 years of age commits the offense of minor operating a vehicle after consuming alcohol or marijuana if the person operates or drives a motor vehicle or operates an aircraft or a watercraft after having consumed any quantity of alcohol or marijuana. A peace officer who has probable cause to believe that a person has committed the offense of minor operating a vehicle after consuming alcohol or marijuana may:
1. 
Place the person under arrest;
2. 
Request that the person submit to a chemical test or tests for the purpose of determining the alcoholic content of the person's blood or breath and/or the presence of marijuana in the person's blood or saliva; and
3. 
Transport the person to a location at which a chemical test or tests authorized under A.2 of this subsection may be administered.
B. 
If a person is cited for violating this section, that person shall be released unless there is a lawful reason for further detention. A person who is 18 years of age or older shall be released on the person's own recognizance. A person who is under the age of 18 shall be released to a parent, guardian, or legal custodian.
C. 
A person who is cited for violating this section shall be advised by a peace officer that it is unlawful under section 9.28.080 for the person to operate a motor vehicle, aircraft, or watercraft during the 24 hours following the issuance of the citation.
D. 
If the minor:
1. 
Has not been previously convicted under this section, section 9.28.070, or section 9.28.080, upon conviction, the court shall impose a:
a. 
Fine of $500.00; 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 or marijuana 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, section 9.28.070, or section 9.28.080, upon conviction, the court shall impose a:
a. 
Fine of $1,000.00; 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 or marijuana 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, section 9.28.070, or section 9.28.080, upon conviction, the court shall impose a:
a. 
Fine of $1,500.00; 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 or marijuana 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.
E. 
In this section, "operate a watercraft" has the meaning given in section 9.28.020E.
F. 
In this section, a "chemical test" is any test of a bodily sample for the presence of an impairing substance.
(AO No. 2014-42, § 22, 6-21-2014; AO No. 2015-86, § 1, 9-24-2015)
A. 
If a person under arrest for minor operating a vehicle after consuming alcohol or marijuana refuses the request of a peace officer to submit to a chemical test or tests authorized under section 9.28.021A and section 9.28.060A, after being advised by the officer that the refusal will result in the denial or revocation of the driver's license, privilege to drive, or privilege to obtain a license, that the refusal may be used against the person in a civil or criminal action or proceeding arising out of an act alleged to have been committed by the person while operating a vehicle after consuming alcohol or marijuana, and that the refusal is a criminal offense, a chemical test may not be given.
B. 
A person who is cited for violating this section shall be advised by a peace officer that it is unlawful under section 9.28.080 for the person to operate a motor vehicle, aircraft, or watercraft during the 24 hours following the issuance of the citation.
C. 
The refusal of a minor to submit to a chemical test or tests authorized under section 9.28.021A and section 9.28.060A is admissible evidence in a civil or criminal action or proceeding arising out of an act alleged to have been committed by the person while operating a vehicle after consuming alcohol or marijuana.
D. 
If the minor:
1. 
Has not been previously convicted under this section, section 9.28.060, or section 9.28.080, upon conviction, the court shall impose a:
a. 
Fine of $500.00; 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 or marijuana 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, section 9.28.060, or section 9.28.080, upon conviction, the court shall impose a:
a. 
Fine of $1,000.00; 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 or marijuana 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, section 9.28.060, or section 9.28.080, upon conviction, the court shall impose a:
a. 
Fine of $1,500.00; 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 or marijuana 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.
E. 
In this section, a "chemical test" is any test of a bodily sample for the presence of an impairing substance.
(AO No. 2014-42, § 22, 6-21-2014; AO No. 2015-86, § 2, 9-24-2015)
A. 
A person who has been cited for minor operating a vehicle after consuming alcohol or marijuana under section 9.28.060 or for minor's refusal to submit to a chemical test or tests under section 9.28.070 may not operate a motor vehicle, aircraft, or watercraft during the 24 hours following issuance of the citation.
B. 
If the minor:
1. 
Has not been previously convicted under this section, section 9.28.060, or section 9.28.070, upon conviction, the court shall impose a:
a. 
Fine of $500.00; 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 or marijuana 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, section 9.28.060, or section 9.28.070, upon conviction, the court shall impose a:
a. 
Fine of $1,000.00; 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 or marijuana 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, section 9.28.060, or section 9.28.070, upon conviction, the court shall impose a:
a. 
Fine of $1,500.00; 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 or marijuana 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, "operate a watercraft" has the meaning given in section 9.28.020E.
D. 
In this section, a "chemical test" is any test of a bodily sample for the presence of an impairing substance.
(AO No. 2014-42, § 22, 6-21-2014; AO No. 2015-86, § 3, 9-24-2015)