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.