Alaska DUI Laws & Attorneys
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Alaska might be considered the last wild and free frontier in America, but get wet and wild while driving here and you’ll face strict DWI laws including fines, driver’s license suspensions, and loss of freedom. Penalties are getting so severe, it’s crucial to have a qualified DWI defense attorney fighting for your rights.
Alaska DWI cases work under its "per se" law stating that if a driver’s blood or breath alcohol content was .08% percent or greater (.04% for commercial drivers) driving is considered impaired. This also includes impaired driving due to inhalants, or controlled substances and even over the counter drugs. As in most states, an Alaska DWI arrests trigger two separate cases, and each of these cases must be defended separately. First, there is the administrative case, and also the criminal case -- a combination which results in punishment that includes jail time, fines, mandatory DWI educational programs, ignition interlock devices, and more.
Additionally, every driver arrested who has a blood alcohol content (BAC) of .08% or greater, or who refuses to take a chemical test following an arrest for driving under the influence, will face revocation of driving privileges as an administrative penalty. Drivers arrested for DWI in Alaska have only 7 days from the date of arrest to request a DMV hearing to avoid losing their license. Driving privileges will be lost if a hearing is not requested, fore no appearance or via an unsuccessful DMV hearing — even if found not guilty in criminal court.
DMV administrative hearings are crucial to a client's defense as attorneys can cross-examine the testimony and evidence presented by those involved in the arrest and investigation. Another advantage is that the driver will be granted temporary driving privileges until the date of the hearing.
If you haven’t been drinking or you believe that you might have ingested alcohol from a ‘benign source’ (mouthwash) or drugs (such as antihistamines or other over the counter drugs) be aware that you can still arrested for driving in an impaired or unsafe manner, even if you are not ‘legally drunk’ under the states ‘per se’ BAC law.
In any case, when you are stopped and arrested for suspicion of a DUI, and you are asked if you want to see an attorney, your best answer is the sooner the better.
Was I stopped legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Not all reasons offered by officers are always legal. Check with a DWI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Do I have to take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What happens if I refuse a breath test?
If you refuse to take a chemical (blood or breath) test after being arrested for DWI, your driver's license, privilege to drive or your ability to obtain a license will be revoked by the Division of Motor Vehicles. This revocation will occur even when the criminal charge of DWI or refusal to test is dismissed, or you are found not guilty in court. The revocation for refusal is for 90 days if you have not previously been convicted of DWI or refusal to take the test.
What’s a defense going to cost?
One of the biggest concerns for people charged with DWI is what a lawyer will cost. As cases vary, so does cost. Most people don’t realize that money spent now on a skillful DWI attorney might save them thousands in the years to come. Jobs, credit ratings, insurance cots, credit ratings can all be impacted by a criminal record.
I’m simply going to plead guilty, why do I need a lawyer?
Experienced and skilled legal counsel may be able to help mitigate your problems by minimizing your legal problems and maximizing your defenses. A DWI conviction can reflect on credit ratings, job opportunities, insurance premiums and in other ways you might not be aware of. A DWI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
What are statutory assessments?
Additional court costs, depending on the penal or vehicle code violated.
Can I plea bargain?
Many cases are resolved prior to trial. Effective counsel often times will be able to negotiate a plea to a lesser charge. While the plea bargain is extremely advantageous to anyone accused of DWI — remember that if the original charge was DWI a conviction to any of the following lesser crimes will still count as a prior for calculating the mandatory minimums should that driver re-offend.
What if I am convicted?
Penalties, fines, etc., can vary due to DWI enhancements, juvenile cases and changes in law. It’s best to get an educated opinion on your specific case circumstances via a referral to one of our knowledgeable attorneys.
Minimum penalties for DUI or refusal to submit to a chemical test
• The court must revoke your privilege to drive for at least the minimum period required by law. The court may revoke your privilege to drive for longer than the minimum period.
- Referral to Alcohol Treatment and Rehabilitation.
- 90 license revocation days for a first offense.
- 1 year if you have one prior conviction of DUI or refusal.
- 3 years if you have two prior convictions of DUI or refusal.
- 5 years if you have three or more prior convictions of DUI or refusal.
• For commercial motor vehicle operators, the court must disqualify your privilege to drive a commercial vehicle for the minimum period required by law.
- The disqualification period can be for 1 year to life depending on the severity of the offense.
- The court's revocation may be concurrent with or consecutive to an Administrative revocation.
Breath alcohol concentration results of .08 or more or refusal to submit to chemical testing
- You are presumed to be driving under the influence if your chemical test is .08% BAC or more.
• If, after being arrested you refuse to take a chemical test of your breath, or your breath test result is .08%.
• or more, your driver’s license, privilege to drive or your privilege to obtain a license will be revoked by the Division of Motor Vehicles.
• This revocation will occur even if the criminal charge of DWI or refusal is dismissed, or you are found not guilty in court.
- 90 days revocation for a first offense
- 1 year if you have been previously convicted of DWI or refusal.
- 3 years if you have two prior convictions of DWI or refusal.
- 5 years if you have three or more prior convictions of DWI or refusal.
• Prior convictions of DWI or refusal occurring in Alaska or another state within the last 15 years can be used to determine or enhance the revocation period.
What is DWI enhancement?
- One or more convictions for the same or a similar offense.
- A child was in the car at the time.
- 20 miles or more over the speed limit at the time.
- The BAC was over.20%.
- Refusing a chemical test.
- Property damage of over $500.
- Any personal injury may elevate the offense to a felony.
• If there was 0.16% BAC but less than 0.24% the court shall require the person to use an ignition interlock device for a minimum of six months after the person regains the privilege to operate a motor vehicle.
• If there was 0.24% BAC or more court shall require the person to use an ignition interlock device for a minimum of one year after the person regains the privilege to operate a motor vehicle.
What if I am an out of state driver?
Be advised that 45 states and the District of Columbia have an out of state Driver’s License Compact Agreement, meaning that DWI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out of state drivers can also create other complications. Consequently, it’s imperative that you contact a local attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What administrative actions will the DMV take?
- No prior convictions for DWI or refusal, the revocation period is 90 days.
• Limited license for work purposes only during the last 60 days if the revocation is for a breath test result of .08 or greater with no test refusal.
• A driver with 1 prior DWI conviction will lose their license for 1 year, with no opportunity for a limited work permit.
• A driver with 2 prior convictions will lose their license for 3 years, with no opportunity for a limited work permit.
• A driver with a 3rd conviction will lose their license for 5 years, with no opportunity for a limited work permit.
• Drivers whose licenses are revoked by the DMV will be required to pay a $200 license reinstatement fee.
• Proof of insurance is required for a period of 3 years after the revocation period ends. This usually involves increased insurance premiums.
• Every driver arrested for DWI in Alaska is given a "Notice And Order Of Revocation" that is effective on the date of arrest.
• The DMV revocation may be either concurrent with (at the same time as) or consecutive to (in addition to) the court revocation.
• The original license will not be returned. Before a new license will be issued, the driver must meet all new DMV requirements.
- Proof of completion of an approved treatment program from an Alcohol Safety Action Program (ASAP).
Limited license privileges
- There are no limited driving privileges for a person who refuses to submit to chemical testing.
• At the court's discretion, you may be allowed a limited occupational license following a 30-day minimum revocation, provided that you are participating in an education or treatment program (which you must complete).
• Limited license privileges may be granted to allow a DWI defendant to drive in order to earn a livelihood, if the court deems the driver does not pose a risk to the public.
• The availability and terms of a limited license will vary depending on criminal, driving and substance abuse treatment history.
- A non-refundable $100 fee and a completed an application from DMV offices is required.
• Certification of employment and a certification of good standing with an alcohol counseling agency is required.
• Provide proof of financial responsibility with an SR -- 22 Certificate of Insurance or a $125,000 surety bond is required
• If the DMV grants a limited license, the driver may submit the same limited license application to the court.
What if I’m under 21?
• If you are under 21 and you operate a motor vehicle, aircraft, or watercraft after consuming alcohol in any amount, you can be arrested or cited for a DWI.
- Upon conviction, the court will order community service and/or a fine up to $1,000.
• Revocation of license will occur even if the criminal citation is dismissed, or found not guilty in court.
Penalties for juvenile DWI or refusal to submit to chemical testing
- It is illegal in Alaska for a person under the age of 21 to consume alcohol.
- 30 days for a first offense.
- 60 days if you have been previously revoked for this offense.
- 90 days if you have two previous revocations for this offense.
- 1 year if you have three or more previous revocations for this offense.
- Upon conviction, the court must order community service and/or a fine up to $1,000.
– Disclaimer –
Only educated and licensed professionals should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional.
– Citations –
For more information and citations go to: Alaska Court System (WWW.ak.us/courts/forms.htm/) scroll down to Forms, Instructions & Publications By Number and scroll to
Publication 11 (About DWI (Driving while under the influence of an alcoholic beverage, inhalant, or controlled substance).
– DMV Citations –
Alaska Administrative Code (http://www.legis.state.ak.us)
Title 2 Administration, sections 64/90/93/96 and others.
