Alaska DUI Laws and Penalties
Alaska DUI laws
Each State in the United States is given the authority to write their own laws on Driving Under the Influence, or more commonly known as DUI. Within this article, we will explore the different DUI laws within the specific State of Alaska, inlcuding penalties. To begin with, there is what is known as a "Lookback Period", where for a period of fifteen years prior to the current DUI you are facing, any DUI's you may have are included in the relevancy of sentencing you are currently facing. This is also known as a "washout" period.
What constitutes a high BAC for a DUI in Alaska?
- Under 21: .00% (Alaska is a zero tolerance State)
- 21 or Older: .08%
- Commercial: .04%
There is never an acceptable time to drink and drive, as your vision, responses, as well as your mental capacity to make quick and important decisions and judgments are severely hindered and not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different, and their tolerance level for alcohol is severely unpredictable making it impossible to say how many drinks are "normal" or not. This is what requires law enforcement to perform chemical testing on suspected DUI offenders. If you are pulled over and are requested to take a chemical test to determine your BAC, or Blood Alcohol Content, Alaska has an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take the chemical test, the penalties are as follows:
- First Offense: 3 days in jail, mandatory Ignition Interlock Divice, fines up to $1,500
- Second Offense: 20 days in jail, mandatory Ignition Interlock Device, fines up to $3,000
- Third Offense: 60 days in jail, mandatory Ignition Interlock Divice, fines up to $4,000
What are the penalties within the Alaska DUI laws?
There are several penalties within the Alaska DUI laws, and we will explore them within this section. Should you be pulled over and found to be guilty of Driving Under the Influence of alcohol within the boarders of the State of Alaska, the following will be the consequences you will be facing:
Penalty of Jail:
- First Offense: minimum 72 hours
- Second Offense: mimimum 20 days
- Third Offense: 60 t0 120 days
- Fourth Offense: 90 to 120 days
- Fifth Offense: 240 to 360 days
Penalty and Fines:
- First Offense: $1,500
- Second Offense: $3,000
- Third Offense: $4,000 to $10,000
- Fourth Offense: $5,000 to $10,000
- Fifth Offense: $6,000 to $10,000
Penalty of License Suspension:
- First Offense: minimum 90 days
- Second Offense: minimum 1 year
- Third Offense: minimum 3 years
- Fourth Offense: minimum 5 years
- Fifth Offense: minimum 5 years
Penalty of Ignition Interlock Device:
For each and every offense an Ignition Interlock Device, or IID, is required to accompany you in each and every day on your vehicle, and without exception.
Additonal possible penalties to be imposed:
- While the convicted driver is incarcerated, or as a condition of probation or parole, they will be required to take medication that is intended to prevent the consumption of alcohol
- During probation, the offender may not operate a motor vehicle unless it is equipped with a certified Ignition Interlock Divice. All costs associated with the installation and maintenance of this device will be paid for by the convicted DUI offender
- The court may also order the screening, drug and alcohol evaluation, referral, and program requirements of an Alcohol Safety Action Program as a condition of probation or parole
It is important to note that laws often change, as well as their interpretation and application of them. Due to the fact that there are multiple jurisdictions within a State, and each may choose to enforce the laws in different ways, it will be very important to prepare for the unexpected. For this reason, it would be in your best interest to retain the services of an experienced and professional lawyer who is well versed in Alaska DUI laws and capable of giving you the direction you need for your specific case, along with being fully aware of the current laws pertaining to DUI.