Alaska DUI Law Details
We all know we’re not supposed to drink and drive. However, there are those occasions when having a few beers or couple of glasses of wine leave us thinking we’re okay to drive. Probably not.
If you are pulled over by the police in Alaska and suspected of driving under the influence (DUI) then you are facing some very serious charges and consequences. Alaska is an implied consent state. This means that when you received your Alaska driver’s license you agreed to submit to any questioning or sobriety tests when asked by a police or state trooper. Failure to submit to those tests is grounds for an automatic arrest on criminal charges for DUI.
Alaska DUI Restrictions
The legal definition of intoxication is having a blood alcohol content of .08. However, in Alaska you can still be arrested for the DUI if your BAC is lower then .08 when the police officer considers your driving to be impaired or reckless. Being charged with a DUI in Alaska actually comes with two distinct charges. The first is the criminal charge of driving while intoxicated and the second is a license revocation attempt.
Although both of those charges relate to the same single incident, they need to be handled separately. The criminal case in the criminal courts and the license revocation through the Alaska Department of Motor Vehicles as an administrative matter. You have just seven days from the time of your arrest to deal with the license revocation issue. That doesn’t mean it will be resolved in seven days but you need to make appearances to set up your hearings.
Alaska DUI Penalties and Fines
The range of penalties and fines depends on the number of offenses and severity of the incident itself. For instance, a conviction of a first time DUI offense that didn’t involve any bodily injuries comes with a license suspension of at least 90 days plus at least 3 days in jail and a $1,500 fine. For a second DUI conviction you can face up to 20 days in jail and one year of a suspended license with a $3,000 fine. Both of those first two offenses are considered misdemeanors.
When you are convicted for a third DUI offense you’ve moved up to felony territory with a Class C Felony. This happens if the third offense occurred within ten years of the prior two DUI convictions. With this conviction you’ll be facing having your driver’s license suspended for up to three years and possible permanently. You could also be sent to jail for up to 120 days and be forced to pay up to $10,000 in fines. The forth and fifth DUI convictions in Alaska increase the amount of jail time and fines.
Alaska DUI Additional Details
Alaska participates in the Interstate Driver’s License Compact. This means that any prior DUI convictions that happened in other states can be considered in your Alaska case. Alaska also has a zero tolerance policy with regard to anyone under the age of 21 who is pulled over for a DUI. That can mean immediate arrest and suspension of your driver’s license.