A DUI or DWI arrest in Alaska, if convicted can carry some pretty substantial penalties and fines. It is important to learn the state of Alaska DUI laws and the potential penalties, fines and sanctions you may be facing if convicted.
If you were operating a non-commercial motor vehicle when you were stopped or in control of a motor vehicle when you were stopped and your blood alcohol concentration level or BAC was .08% or greater, you are considered to be driving under the influence.
If you were operating a commercial motor vehicle (CMV) at the time of your arrest and your BAC was .04% or greater, you are considered to be driving under the influence. The allowable BAC level for a commercial motor vehicle is much lower than that of a non-commercial vehicle due to the fact that when a driver of a CMV has been drinking and gets behind the wheel of they have essentially turned a vehicle used to transport goods into a deadly weapon that is much larger than any passenger vehicle on the road.
When you are arrested for DUI in Alaska, the arresting officer will immediately suspend your driver’s license and give you a“Notice and Order of Revocation,” which serves as your temporary driver’s license for seven days. You must request an administrative hearing in writing with the Alaska DMV within this seven-day window if you wish to prevent having your driver’s license revoked for the full 90-day period.
When you make this request, the DMV will issue you another temporary license that is valid until the date of your hearing. It is strongly recommended that you hire an experienced Alaska DUI lawyer to represent you in your case and to represent you at your DMV hearing.
One of the first things your Alaska DUI lawyer will do is to request the administrative hearing with the DMV because DUI lawyers know how important it is to try and preserve a client's driving privilege.
First Offense Jail Time
There is a mandatory minimum jail sentence for a misdemeanor first offense DUI conviction in Alaska of 72 hours. The maximum jail sentence for a first offense can be up to 1-year. The length of the sentence is usually representative of the charges surrounding the DUI arrest.
First Offense Fines
A first time DUI offender in Alaska will also have to pay $1,895 in minimum fines. $1,500 minimum fine, $270 incarceration charge and a $125 surcharge. It is important to note that these are the minimum fines a person can expect to pay; the fines will increase with the severity of the circumstances surrounding the DUI arrest.
First Offense License Penalties
On your court date, your Alaska DUI lawyer will more than likely request what is referred to as a limited license. A limited license grants the defendant driving privileges in order to make a living, i.e. to and from work and alcohol evaluation program classes only. It will be up to the court as to whether or not you will be granted a limited license.
The court will base their decision to grant or decline the request based on your past driving and criminal history. If you have prior convictions or numerous tickets, the request will more than likely be denied. If you are granted a limited license you will have to pay a $100 fee to the Alaska DMV for the license to be issued.
At the end of the 90-day driver’s license revocation period, you will have to apply for a new driver’s license with the Alaska DMV. Your original driver’s license that you had to surrender to the officer the night of your arrest will not be returned.
First Offense Alcohol Treatment Program
You will also be required by the court to attend a mandatory drug and alcohol evaluation and treatment program. The court will provide you with a list of approved programs and the cost of the programs varies.
A second DUI offense in the state of Alaska is classified as a Class A misdemeanor and carries much stiffer penalties than a first offense.
Second Offense Jail Time
The minimum jail sentence for a second DUI offense conviction in Alaska is 20 days and the maximum jail sentence can be up to 1-year.
Second Offense Fines
A person facing a second DUI offense in Alaska will also have to pay $4,125 in minimum fines. $3,000 minimum fine, $1,000 cost of incarceration fee and a $125 surcharge fee. Remember, these are the minimum fines a person will be charged, the fines can go much higher depending on the circumstances.
Second Offense License Penalties
A person convicted of a second DUI offense in Alaska will face a 1-year driver’s license revocation period. If the second DUI conviction happened within 10 years of a prior DUI conviction, a limited license will more than likely not be granted.
Second Offense Alcohol Treatment Program
The court will also require you to attend a state approved alcohol evaluation and treatment program. The costs of the program will vary; the court will provide you with a list of approved programs.
A third DUI offense is classified as a Class C Felony if it occurs within 10 years of second DUI conviction. If the third DUI offense happened later than 10 years prior to the second conviction, it is considered a misdemeanor charge.
Third Offense Jail Time
The jail sentence for a Class C Felony DUI is a minimum of 120 days with a maximum of 5 years. The jail sentence for a third offense misdemeanor DUI charge is 60 days minimum up to 1-year.
Third Offense Fines
The minimum fines for a Class C Felony DUI conviction are $10,000 plus a $200 surcharge. The minimum fines for a third offense misdemeanor DUI charge are $5,125. $4,000 minimum fine, $1,000 cost of incarceration and a $125 surcharge.
Third Offense License Penalties
A Class C Felony DUI charge a lifetime driver’s license revocation, meaning that if a person is convicted of a Class C Felony DUI charge they will never be able to drive a motor vehicle legally in the United States. A third offense misdemeanor DUI charge carries a 3-year driver’s license revocation period.
Third Offense Alcohol Treatment Program
The defendant will be required to attend a court approved alcohol evaluation and treatment program after the jail sentence. The costs of this program will vary; the court will provide a list of approved programs.
A third DUI offense within ten years of the prior conviction will also result in immediate vehicle forfeiture.
If a fourth DUI offense occurs within 10 years of the third offense, it is a Class C Felony. If the fourth DUI offense occurred more than 10 years prior to the third offense, it is a misdemeanor offense.
Fourth Offense Jail Time
Jail time for a fourth Class C Felony DUI conviction is a minimum of 240 days in jail with a maximum of 5-years in jail. A fourth DUI misdemeanor charge carries a jail sentence of 120 days up to 1-year in jail.
Fourth Offense Fines
The minimum fines for a fourth Class C Felony DUI are $10,000 plus a $200 surcharge. The minimum fines for a fourth offense misdemeanor DUI charge are $6,125. $5,000 minimum fine, $1,000 cost of incarceration and a $125 surcharge.
Fourth Offense License Penalties
A fourth Class C Felony DUI offense carries a lifetime driver’s license revocation in the United States and a fourth DUI misdemeanor offense will result in a 5-year driver’s license revocation period. A fourth DUI offense within ten years of the prior offense will result in immediate vehicle forfeiture.
Fourth Offense Alcohol Treatment Program
The defendant will be required to attend a court approved alcohol evaluation and treatment program. The court will provide the defendant with a list of approved programs.
A fifth Alaska DUI offense that occurs within 10 years of the previous offense is classified as a Class C Felony. If the fifth DUI offense did not occur within the last ten years it is a misdemeanor offense.
Fifth Offense Jail Time
The jail time for a fifth Class C Felony DUI conviction is a minimum of 360 days in jail up to up to 5 years in jail. A fifth misdemeanor conviction is a minimum of 240 days in jail up to 1-year in jail.
Fifth Offense Fines
The minimum fines for a fifth Class C Felony DUI are $10,000 plus a $200 surcharge. The minimum fines for a fifth misdemeanor DUI charge are $7,125, $6,000 minimum fine, $1,000 cost of incarceration charge and a $125 surcharge fee.
Fifth Offense License Penalties
The driver’s license penalties for a fifth DUI offense are the same as those for a fourth DUI offense.
Fifth Offense Alcohol Treatment Program
The defendant will also be required by the court to attend a alcohol evaluation and treatment program that is approved by the court following the incarceration period. The court will provide you with a list of approved programs.
If the DUI offender had a blood alcohol level of .16% to .24%, the court will impose an additional sanction by requiring the use of an ignition interlock system on the defendant's vehicle for a period of 6 months in order to reinstate the offender's driving privileges.
If the offender's blood alcohol level was greater than .24% the court will require the use of an ignition interlock device for a period of 12 months in order to restore the defendant's driving privileges.
When you apply for an Alaska driver’s license you automatically are agreeing to the Alaska implied consent law. Which means that if you are stopped on suspicion of DUI you agree to submit to a blood, breath or urine test to prove your intoxication level.
You also must submit to a field Breathalyzer test, failure to submit to a file Breathalyzer test can result in additional fines of up to $300 above the fines listed above. Failure to submit to the field Breathalyzer test is also admissible in court. The officer must advise the defendant of the additional driver’s license sanctions for failure to submit to any testing.
The results of the test must be made available to the defendant and their Alaska DUI lawyer upon request. The defendant may also have an independent test done by a qualified person at their own expense if they choose. Your Alaska DUI lawyer will determine if any independent testing needs to be done.
In order to reinstate your driving privileges once your revocation is over you will be required to file an SR22 with the Alaska Department of Motor Vehicles in order to obtain your driver’s license.
You will be required to maintain your SR22 for a period of three years. If at any time during this three-year period there is a lapse in your SR22 auto insurance coverage, your insurance company is obligated to inform the Alaska DMV of this lapse and your driving privilege will be revoked.
The Alaska DMV will send you a letter in the mail telling you that your license has been revoked. In order to reinstate your license you will need to pay any SR22 insurance premiums that are late and you will have to file another SR22 with the DMV.
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Alaska SR22 Insurance - Learn everything you need to know about Alaska's SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your Alaska SR22 insurance.
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Alaska Alcohol Treatment Programs - We offer a complete listing of Alaska approved alcohol treatment programs.