What Happens If You Get a DUI

AK Alaska DUI Laws, Penalties, Fines & SR22 Requirements

What Happens If You Get a DUI
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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

What are the Penalties for Driving Under the Influence (DUI) in Alaska?

What Happens If You Get a DUI

According to the Alaska Department of Motor Vehicles (DMV), the average cost of a first-time DUI conviction is $24,265. As noted by the DMV, this does not include the cost of being unable to drive (for a minimum of 90 days) or having a DUI conviction on your permanent record.

With a DUI on your permanent record, you may find it difficult to find employment (and you could potentially lose the job you have now); and, if you are currently enrolled in school or thinking about going to college, a DUI could significantly limit your access to higher education.

Being convicted of DUI in Alaska can truly be a life-changing experience.

The penalties imposed under Alaska law are substantial, and the consequences of a DUI can extend far beyond the duration of your jail sentence and driver's license suspension.

While the penalties for repeat offenders increase substantially, even a first-time offense can result in jail time and significant costs and fines, and a DUI conviction in Alaska will stay on your record for the rest of your life.

The DUI Penalties in Alaska

The penalties for “driving while under the influence of an alcoholic beverage, inhalant, or controlled substance” (commonly known as “DUI”) are established in Section 28.35.030 of the Alaska Statutes. If you have been charged with DUI, the penalties that are on the table will be determined by a few different factors, including:

  • Your blood alcohol concentration (BAC) at the time of your arrest;
  • Whether you have any prior DUI convictions on your record; and,
  • Whether your prior convictions (if any) occurred within the past 10 years.

Penalties for a First-Time DUI in Alaska

In a typical case, a first-time DUI will be classified as a Class A misdemeanor. Under Alaska law, Class A misdemeanors carry penalties of up to one year in jail and a $25,000 fine. However, Section 28.35.030 establishes minimum penalties for DUI offenders as well. For a first-time DUI in Alaska, the possible penalties include:

  • Jail Time: A minimum of 72 hours and a maximum of one year.
  • Fines: A minimum of $1,500 and a maximum of $25,000.
  • Driver's License Suspension: Not less than 90 days.

In addition to fines, jail time, and loss of your driving privileges, if your BAC was 0.16 or above, you will also be required to install an ignition interlock device (IID) on your vehicle for a minimum of six months (or one year if your BAC was above 0.23 percent).

Regardless of your BAC, you will also be required to participate in Alaska's alcohol safety action program or undergo rehabilitative treatment, pay court costs, pay to get your vehicle impound, and pay for SR22 auto insurance for five years at a cost of $2,000 per year.

If you caused an accident, you will also be required to pay, “the reasonable cost of any emergency services that responded to the accident.”

Penalties for Repeat DUI Offenders (Non-Felony) in Alaska

If you already have a DUI on your permanent record, then facing a second or subsequent DUI charge carries enhanced penalties. Assuming that you are not being charged with a Class C felony (more on this below), the potential penalties for repeat DUI offenders in Alaska include:

Second DUI

  • Jail Time: 20 days to one year.
  • Fines: $3,000 to $25,000.
  • Driver's License Suspension: Not less than one year.

Third DU

  • Jail Time: 60 days to one year.
  • Fines: $4,000 to $25,000.
  • Driver's License Suspension: Not less than three years.

Fourth DUI

  • Jail Time: 120 days to one year.
  • Fines: $5,000 to $25,000.
  • Driver's License Suspension: Not less than five years.

Fifth DUI

  • Jail Time: 240 days to one year.
  • Fines: $6,000 to $25,000.
  • Driver's License Suspension: Not less than five years.

Sixth or Subsequent DUI

  • Jail Time: 360 days to one year.
  • Fines: $7,000 to $25,000.
  • Driver's License Suspension: Not less than five years.

These, of course, are in addition to the other penalties listed above (court costs, alcohol safety education or rehabilitative treatment, SR22 insurance, and potential installation of an IID) for first-time DUI offenders. It is also important to note that these are the penalties for “standard” DUI offenses.

If you caused a serious accident, if you had a minor in your vehicle, or if any of a variety of other circumstances apply to your case, then you could be facing additional charges and penalties.

Class C Felony DUI in Alaska

If you have two or more DUI convictions from the past 10 years, then instead of being charged with a Class A misdemeanor, you will be charged with a Class C felony. Felony charges can be imposed under a few different circumstances as well.

In Alaska, Class C felonies carry maximum penalties of five years in prison and a $50,000 fine. Under the DUI statute, minimum penalties include:

  • For Two Prior Convictions: 120 days in jail and a $10,000 fine.
  • For Three Prior Convictions: 240 days in jail and a $10,000 fine.
  • For Four or More Prior Convictions: 360 days in jail and a $10,000 fine.

You will also lose your driver's license permanently, with a possible (but not guaranteed) restoration of your driving privileges after 10 years if you have not been convicted of any additional crimes (DUI or non-DUI) and you provide proof of financial responsibility.

Automatic Driver's License Suspension, Implied Consent Violations, and Other Issues in Alaska

But wait, there's more. While you can lose your license for 90 days or more following a DUI conviction, you will also automatically lose your license simply as a result of being arrested for DUI.

In order to avoid this “administrative” suspension, you must request a hearing within seven days of your arrest.

If you refused the breathalyzer, you can be charged with an “implied consent” violation, and there are various other factors that can enhance the consequences of a DUI arrest in Alaska as well.

Speak with an Alaska DUI Defense Lawyer for Free

Have you been arrested and charged with DUI in Alaska? If so, it is important that you speak with a DUI defense lawyer as soon as possible. To discuss your case in confidence, call our DUI and criminal defense attorney in Anchorage at 907-262-9164 or request a free initial consultation online today.

Источник: https://www.trialguy.com/penalties-for-driving-under-the-influence-in-alaska

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