AK · jury_instructions
Alaska Criminal Pattern Jury Instruction 28.35.032(a) #2
Refusal to Submit to a Chemical Test - Arrest Theory
, the defendant in this case, has been charged with the crime of refusal to submit to a chemical test.
To prove that the defendant committed this crime, the state must prove beyond a reasonable doubt each of the following elements:
(1) the defendant was under arrest for driving under the influence;
(2) the defendant had been [driving] [operating] a motor vehicle prior to the arrest;
(3) a law enforcement officer asked the defendant to submit to a chemical test of the defendant's breath to determine its alcohol content;
(4) the defendant was advised that the defendant was legally obligated to take the chemical test or that refusal to take the test was a crime;
(5) the defendant, after being so advised, knew or should have known of the defendant's legal obligation to take the test and that the test was intended to produce evidence that the defendant was driving under the influence; and
(6) that the defendant, by words or conduct, refused to submit to the chemical test.
History
Alaska Criminal Pattern Jury Instructions 28.35.032(a) #2, dated Revised 2011. Prepared by the Alaska Criminal Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
9913fc211f0e8df44f82ea15024d652b0986f2cde4b574c285296a5ef2b586ae
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