Are DUIs Felonies or Misdemeanors?

What Are the Alaska DUI Laws?

Are DUIs Felonies or Misdemeanors?

In Alaska, if an individual drives a motor vehicle while under the influence of alcohol, an inhalant, or a controlled substance, he or she is committing the crime of driving while under the influence.

A person is considered driving under the influence if within four hours of driving, the person has a blood alcohol level of 0.08% or more, or the person has 0.

08 grams or more of alcohol per 210 liters in his or her breath.

These limits apply to adults over 21. There is zero tolerance for persons under the legal drinking age.

A DUI conviction in Alaska will result in a suspended license, imprisonment, fines, and the installation of an ignition interlock device on the defendant's car.

Alaska's Department of Public Safety's Website provides a helpful brochure that summarizes the laws and consequences of driving under the influence.

Penalties and Sentencing

As with most crimes, penalties and sentencing for a DUI vary depending on if and how many times one has been previously convicted of a DUI. Depending on the circumstances, a DUI conviction is either a class A misdemeanor or a class C felony.

A first offense is a misdemeanor with a minimum prison sentence of 72 hours and a minimum fine of $1,500. A second conviction carries a minimum prison term of 20 days and a minimum fine of $3,000. The minimums continue to increase for multiple convictions.

If a person has two previous convictions, a third DUI conviction could result in a class C felony.

Two or more DUI convictions since January 1, 1996 and within 10 years of the present offense results in a class C felony. As a class C felony, there is a minimum $10,000 fine. There are also minimum imprisonment terms: 120 days for two previous convictions, 240 days for three previous convictions, and 360 days for four previous convictions.

Ignition Interlock Device

An ignition interlock device (IID) requires a driver to breathe into it before the car starts. The amount of time that the IID needs to be on a person's car depends on if and how many times an individual has been convicted of a DUI.

Even a first conviction will result in the installation of a IID for a minimum of 6 months. Similar to the minimum prison term and fine requirements, the minimum amount of time for an IID increases with each conviction.

If a person is convicted under the class C felony definition, then the IID must remain in the car for a minimum of 60 months.

An individual who drives a car in Alaska gives implied consent to submit to a breath or blood test under various circumstances. If an individual is arrested for an offense that arises an act that is alleged to have been committed while driving under the influence, he or she is considered to have given implied consent to a test to determine blood alcohol levels.

He or she is also considered to have given implied consent to submit to a chemical test if the individual is involved in an accident that resulted in death or serious physical injury to another person. The refusal to submit to a chemical test is a class A misdemeanor. However, if the DUI falls under the felony classification, then the refusal to submit to a chemical test is a class C felony.

In addition, an individual gives implied consent to a preliminary breath test if he or she was driving a car that is involved in an accident, or committed a moving traffic violation, and the police officer has probable cause to believe that the driver is under the influence. Refusal to submit to a preliminary breath test is an infraction.

No Consent Necessary

Under certain circumstances, law enforcement can administer a chemical test without consent. If a person is unconscious or in a condition that makes the person incapable of refusing a chemical test, then the implied consent to chemical testing stands.

Also, if a person is arrested for an offense arising acts suspected to have been committed while driving under the influence and that person was involved in an accident that caused death or physical injury to another person, a chemical test may be administered without consent.

If you or someone close to you is facing a DUI charge in Alaska, it's in your best interest to contact a DUI lawyer in your area. A lawyer can help explain the the law and how it applies in your case and can be your strongest advocate in court. Get in touch with one today and learn more about your rights and options under the law.

Источник: https://www.findlaw.com/state/alaska-law/what-are-the-alaska-dui-laws.html

AK Alaska DUI Laws, Penalties, Fines & SR22 Requirements

Are DUIs Felonies or Misdemeanors?
FREE CONSULTATION WITH ALASKA ATTORNEY

Alaska DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.

If you've been charged with DUI in Alaska, the law allows only 7 days for an Alaska DUI Lawyer to make a request with the Alaska DMV (Division of Motor Vehicles) for a hearing to help save your drivers license.

What are the penalties for DUI in Alaska?

The penalties for driving under the influence in Alaska will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.

NOTE: STATE CONVICTIONS
Convictions from other jurisdictions and states may be counted as prior convictions for sentencing purposes under Alaska State law.

NOTE: DUI CMV (DUI while driving a commercial motor vehicle)
The penalties for DUI while driving a commercial motor vehicle are identical to those of regular DUI with the exception of the revocation period which is 1 year for a first offense or for life for second and subsequent offenses.

NOTE: Habitual user of alcohol
The DMV may classify a driver as an 'habitual user of alcohol' and refuse to license any driver that is classified as such, even after the revocation period has ended. If a driver is classified as an habitual user of alcohol, they must provide proof that the substance abuse problem has been under control for at least one year before they will considered fit for a drivers license.

AK DUI Penalties

Alaska is a state with a 10 year 'washout period' also known as a 'look back period'

1st DUI Offense / Conviction — Class A Misdemeanor

The penalty upon conviction of a first DUI offense in Alaska:

  • Fines: $1,500 minimum
  • Imprisonment: mandatory minimum 72 consecutive hours
  • Drivers License Suspension: 90 day drivers license suspension (limited license available after the first 30 days)
  • Ignition Interlock: 12 months ignition interlock restriction upon license restoration
  • mandatory drug and/or alcohol evaluation
  • possible attendance at alcohol / drug treatment program
  • may be prohibited from purchasing alcohol for a period of time determined by the court
  • AK SR22 Insurance (proof of financial responsibility) Requirement

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2nd DUI Offense / Conviction — Class A Misdemeanor

The penalty upon conviction of a second DUI offense in Alaska:

  • Fines: $3,000 minimum
  • Imprisonment: mandatory minimum 20 days
  • Drivers License Revocation: 1 year drivers license revocation (limited license available after the first 90 days)
  • Ignition Interlock: 24 months ignition interlock restriction upon license restoration
  • mandatory drug and/or alcohol evaluation
  • possible attendance at alcohol / drug treatment program
  • may be prohibited from purchasing alcohol for a period of time determined by the court
  • AK SR22 Insurance (proof of financial responsibility) Requirement

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3rd DUI Offense / Conviction — Misdemeanor OR Felony

NOTE: A third DUI or chemical test refusal conviction may be a misdemeanor or felony depending on when prior offenses occurred.

The penalty upon conviction of a third DUI offense in Alaska:

If prior offenses occurred more than 10 years ago — Class A Misdemeanor

  • Fines: $4,000 minimum
  • Imprisonment: mandatory minimum 60 days
  • Drivers License Revocation: 3 year drivers license revocation
  • Ignition Interlock: 36 months ignition interlock restriction upon license restoration
  • mandatory drug and/or alcohol evaluation
  • possible attendance at alcohol / drug treatment program
  • may be prohibited from purchasing alcohol for a period of time determined by the court
  • AK SR22 Insurance (proof of financial responsibility) Requirement

If prior offenses occurred within preceding 10 years — Class C Felony

  • Fines: $10,000 minimum
  • Imprisonment: mandatory minimum 120 days
  • Drivers License Revocation: permanent drivers license revocation (can apply for license restoration after 10 years if certain conditions are met)
  • Ignition Interlock: 36 months ignition interlock restriction upon license restoration
  • mandatory drug and/or alcohol evaluation
  • possible attendance at alcohol / drug treatment program
  • vehicle forfeiture
  • may be prohibited from purchasing alcohol for a period of time determined by the court
  • AK SR22 Insurance (proof of financial responsibility) Requirement

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4th (& subsequent) DUI Offense / Conviction — Misdemeanor OR Felony

NOTE: A fourth DUI or chemical test refusal conviction may be a misdemeanor or felony depending on when prior offenses occurred.

The penalty upon conviction of a fourth DUI offense in Alaska:

If prior offenses occurred more than 10 years ago — Class A Misdemeanor

  • Fines: $5,000 minimum
  • Imprisonment: mandatory minimum 120 days
  • Drivers License Revocation: 5 year drivers license revocation
  • Ignition Interlock: 36 months ignition interlock restriction upon license restoration
  • mandatory drug and/or alcohol evaluation
  • possible attendance at alcohol / drug treatment program
  • may be prohibited from purchasing alcohol for a period of time determined by the court
  • AK SR22 Insurance (proof of financial responsibility) Requirement

If prior offenses occurred within preceding 10 years — Class C Felony

  • Fines: $10,000 minimum
  • Imprisonment: mandatory minimum 240 days
  • Drivers License Revocation: permanent drivers license revocation (can apply for license restoration after 10 years if certain conditions are met)
  • Ignition Interlock: 36 months ignition interlock restriction upon license restoration
  • mandatory drug and/or alcohol evaluation
  • possible attendance at alcohol / drug treatment program
  • vehicle forfeiture
  • may be prohibited from purchasing alcohol for a period of time determined by the court
  • AK SR22 Insurance (proof of financial responsibility) Requirement

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In Alaska any person driving a motor vehicle is deemed to have given their consent for chemical testing of their breath, blood or urine in order to determine the alcohol content within their blood if lawfully arrested for driving under the influence. It is an offense to refuse to submit or fail to complete a blood alcohol test when required to do so.

Chemical Test Refusal Penalties — Alaska

If a person refuses to submit to a chemical test of their blood, breath or urine in Alaska their drivers license will be revoked.

The penalties for refusing to submit to a chemical test in Alaska are the same as those for DUI which are outlined above.

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The maximum legal BAC (blood alcohol content) limits in Alaska for driving are as follows:

ADULT DRIVERS — BAC LIMIT = 0.08%
In the State of Alaska it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.

COMMERCIAL DRIVERS — BAC LIMIT = 0.04%
In the State of Alaska it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.

It is an offense to refuse to submit to a chemical test in Alaska and implied consent laws are enforced.

Anchorage, Barrow, Bethel, Fairbanks, Homer, Juneau, Kenai, Ketchikan, Kodiak, Nome, Palmer, Sitka, Soldotna, Wasilla.

Sitka, North Slope, Northwest Arctic, Aleutians East, Matanuska-Sustina, Lake and Peninsula, Haines, Juneau, Kenai Peninsula, Ketchikan Gateway, Kodiak Island, Fairbanks North Star, Anchorage, Bristol Bay, Denali, Skagway, Wrangell, Yakutat, Aleutians West Census Area, Bethel Census Area, Dillingham Census Area, Hoonah-Angoon Census Area, Prince of Wales-Outer Ketchikan Census Area, Southeast Fairbanks Census Area, Valdez-Cordova Census Area, Wade Hampton Census Area, Wrangell-Petersburg Census Area, Yukon-Koyukuk Census Area.

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Источник: https://www.dui-usa.drinkdriving.org/Alaska_dui_drunkdriving_laws.php

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