Close X



Posted by Leigh Ann Bauer | Dec 29, 2023 | 0 Comments

YES! If you are under arrest and transported to the station for processing, the Officer must have probable cause to request a breath sample from you. Once at the station, you MUST provide a breath sample, even if you (erroneously) believe that you should not.  In Alaska, when you receive your driver's license from the DMV, you must sign a document that requires you to provide a breath sample during a DUI investigation. In Alaska, a DUI and Refusal charge have mirroring penalties.  This means that it is very difficult to defend a Refusal/DUI case because the DA isn't required to dismiss the Refusal charge should that person litigate their case before a Jury.  

About the Author

Leigh Ann Bauer

I decided to become a lawyer while working for my father's law firm when I was in high school. I watched my father try cases, and decided that I wanted to become a trial attorney. In 1984 I spent a year abroad, studying at the Gymnasium Mussenredder in Hamburg, Germany. I graduated from the Univ...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment



Law Office of Leigh Ann Bauer is committed to answering your questions about DUI/OUI and Criminal Defense issues in Anchorage.

We offer a free consultation and we’ll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.