Alaska DUI First Offense

An Alaska DUI arrest can seem like a very over-whelming experience, especially when it is a first offense charge. The important thing to do right now is to examine the information we have compiled on this page relating to a first offense DUI in Alaska and learn exactly what it entails and what you are up against.

There are two elements to a DUI charge in Alaska, the first is the criminal offense charge of driving under the influence of alcohol or drugs that will be handled through the Alaska court system. The second part is the administrative action taken against your Alaska driver's license by the Alaska DMV.

Criminal Case Aspect

In the state of Alaska there are two ways that a person may be arrested and charged with a DUI offense, the first is when a person is arrested and charged with DUI for driving under the influence of alcohol or drugs. It should be noted that a person could potentially be arrested on a first offense DUI charge in Alaska even if their blood acholol concentration or BAC is below the legal limit of .08% if that person was displaying signs of intoxication and the officer felt they were not capable of operating a vehicle safely.

The second way a person may be arrested and prosecuted under Alaska's DUI law is if they are in violation of Alaska's 'per se' law which states that it is against the law to operate a motor vehicle with a BAC level of .08% or greater in the state of Alaska. Even if a person seems completely normal and is not displaying any of the typical signs of being under the influence, the mere fact that their BAC level is at or above the legal limit of .08% is grounds for a DUI arrest in Alaska.

A person can also be arrested for DUI in Alaska even if they were not physically driving the vehicle at the time of the DUI stop. If you fell asleep in your vehicle with the keys in the ignition or if the keys were in your possession you may still be arrested on a DUI charge because you were displaying physical control of the vehicle by possessing the keys to the vehicle.

Alaska Administrative Driver License Hearing

Upon being arrested for DUI the arresting officer will confiscate your driver's license and issue you a "Notice of Revocation". On the back of this document it informs you of your right to request an administrative hearing to challenge the revocation of your driver's license.

Important: Alaska DUI law only provides a 7-day window from the date of your arrest in which your lawyer may file a request for an administrative driver's license hearing with the Alaska DMV to challenge the revocation. Contact an Alaska DUI lawyer now!

If a hearing request is not made within 7-days from the date the officer confiscated your license, you will not be eligible for a hearing and the officer's revocation of your license will be upheld. The driver's license revocation period for a first offense DUI in Alaska is 90-days.

A first time offender will be eligible for an ignition interlock limited license after the first 30-days of the revocation period have passed as long as they have not been convicted of a previous DUI offense within the past 15 year period.

Alaska First Offense DUI Penalties

A DUI arrest is considered a first offense in Alaska as long as the defendant has not been previously arrested for a DUI in the state of Alaska within the past 15-years. An Alaska first offense DUI is also classified as a misdemeanor offense as long as there was not an accident resulting in the death of another person.

A first time DUI offender in Alaska will be facing a minimum of 72 consecutive hours in jail and $1,500 in minimum fines. A first offense DUI will result in a 90 day revocation of your driver's license. As long as you did not refuse a breath test you will be eligible to apply for a limited license after the first 30 days of the revocation period have lapsed.

Before the DMV will grant you a limited license or reinstate your license following your revocation period you will be required to pay the various license reinstatement fees and to follow the license reinstatement process as outlined by the Alaska DMV including providing proof of an Alaska SR22 insurance policy, installation of an ignition interlock device by a state approved installation center, to name a couple.

First time offenders will also be required to attend and successfully complete an ASAP program at a state approved facility while also following the guidelines set forth by the ASAP program.

Alaska SR22 Insurance Information

As a requirement for issuing you either a limited license or reinstating your license following your revocation period the Alaska DMV will require you to file an SR-22 form with them showing proof of financial resposibility. Your insurance provider will either file the form directly with the DMV or give you a copy of the form to take with you to give to the DMV.

You will be required to maintain your SR22 insurance filing with the DMV for a period of 3-years from the date they issued you a limited license or from the date your license was reinstated following your revocation period. It is extremely important that you avoid a lapse in insurance coverage during this period because if there is a lapse, even one day, your insurance provider will inform the DMV of the lapse and the DMV will revoke your license again.

If the DMV revokes your license, your SR22 filing period will begin all over. So you are going to want to avoid a lapse in coverage at all costs. The key to avoiding a lapse is choosing an insurance provider from the begin who has the lowest price available. We have partnered with every insurance company in the state that offers SR22 filings to make it easy for you to get instant quotes and choose the policy that is right for you. Just enter your zip code in the box below and complete the simple 3-part quote form on the following page to start receiving your quotes today. Once you receive your quotes it's just a matter of choosing the provide with the lowest price and applying for a policy.

Additional resources

Alaska DUI Lawyers
Complete Alaska DUI Laws overview
Alaska SR22 Insurance