AK · jury_instructions
Alaska Criminal Pattern Jury Instruction 28.35.032(a) #3
Refusal to Submit to a Chemical Test - Injury/Death 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 involved in a motor vehicle accident that caused death or serious physical injury to another person;
(2) the defendant had been [driving] [operating] a motor vehicle at the time of the accident;
(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 refusal to submit to a chemical test:
(a) is a crime;
(b) will result in the denial or revocation of the defendant's license or privilege to drive or obtain a license; and
(c) may be used against the defendant in a civil, criminal, or other proceeding; and
(5) the defendant, by words or conduct, knowingly refused to submit to the chemical test.
History
Alaska Criminal Pattern Jury Instructions 28.35.032(a) #3, 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
232262c3104326130bbdff3cc8ed31e92246710dab0e7a2ed5317c92b62cd5b3
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