Alaska DUI Help

 

Alaska may be considered the last wild and free frontier in America, but get wild and free-wheeling in this state and you’ll face sober and expensive Alaska DUI laws. Penalties are getting tougher every year, so it’s crucial to have a qualified Alaska DUI defense attorney on your side fighting for your rights.

 

Alaska DUI cases work under its “per se” law stating that if a driver’s blood or breath alcohol content (BAC) was .08% percent or greater (.04% for commercial drivers) driving is considered impaired. This also includes impaired driving due to inhalants, controlled substances and even over the counter drugs.

 

As in most states, an Alaska DUI makes you confront two gauntlets, and each must be defended separately. There is the Alaska Department of Administration, Department of Motor Vehicles (DMV) case, and also the criminal court case -- a combination which results in punishment that includes loss of driver’s license, jail time, fines, DUI educational programs, ignition interlock devices, and more.

 

Alaska DMV hearings are crucial to a client's defense as DUI attorneys can cross-examine the testimony and confront evidence presented by those involved in your arrest and investigation. Another advantage of a hearing is that the driver will be granted temporary driving privileges until the investigation is concluded. Drivers arrested for an Alaska DUI have only 7 days from the date of arrest to request a Department of Motor Vehicle hearing to avoid losing driving privileges. Those privileges will be lost if a hearing is not requested, for not appearing, or via an unsuccessful outcome and sanctions will be imposed – even if you are found not guilty in a criminal court case.

 

If you haven’t been drinking when stopped for a DUI check, or you believe that you might have ingested or inhaled alcohol based paints or solvents or 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 Alaska DUI law. 

 

In any case, when you are stopped and arrested for suspicion of a DUI, you should request to see an attorney – the sooner the better.

 

-- Info You Should Know --

 

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. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.

 

Not all reasons offered by officers are always legal. Check with an Alaska DUI attorney who will examine all the different aspects of your case who will scrutinize the evidence, 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 DUI, 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 DUI 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 DUI or refusal to take the test.

 

What’s A DUI Defense Attorney Going To Cost?

 

One of the biggest concerns for people charged with a DUI is the fee for a lawyer. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from an Alaska DUI attorney might save them thousands of dollars in the years to come. Remember that a conviction can stay with you for life. Can you put a price tag on your rights, your name and your freedom?

 

I’m Simply Going To Plead Guilty, Why Do I Need A Lawyer?

 

An experienced and skilled DUI lawyer may be able to help mitigate your problems by minimizing your legal problems and maximizing your defense. An Alaskan DUI conviction can reflect on credit ratings, job opportunities, insurance premiums and in other ways you might not be aware of. An Alaska DUI defense attorney will level the playing field between you and the prosecution, effectively present your side of the case while safeguarding your constitutional rights.

 

Why Should I Retain An Alaska DUI Attorney?

 

Alaska DIU convictions and penalties can be long lasting and severe, both in court and with the Division of Motor Vehicles which regulates your driving privileges. These penalties and the numerous and complicated laws relating to DUI charges should be taken very seriously. It is next to impossible to beat, or even mitigate an Alaska DUI charge without an experienced DUI lawyer.

 

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. Often time effective Alaska DUI counsel will be able to negotiate a plea to a lesser charge. While the plea bargain is extremely advantageous to anyone accused of an Alaska DUI — remember that if the original charge was DUI 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.

 

Isn’t Being Punished by the Division of Motor Vehicles and the Courts Double Jeopardy?

 

Like most states Alaska DUI law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. Alaska’s DMV administers driver’s licenses, imposes civil penalties, and also serves as the judge, jury and also metes out punishment.

 

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 Alaska DUI 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 Alaska DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.

 

What if I Am Convicted?

 

Penalties, fines, etc., can vary due to DUI enhancements, juvenile cases and changes in law. It’s best to get an educated opinion from a qualified Alaskan DUI attorney regarding your specific case circumstances.

 

According to the state of Alaska, the average cost of the 1st Alaska DUI is $22,740.
 

-- Alaska DUI Criminal Penalties --

1st DUI Offense

No priors

No refusal of breath test

Breath test .08%

A misdemeanor.

Not less than 3 days nor more than 1 year in jail.

90 days revocation of driver’s license.

24 to 160 hours of mandatory community service.

$1500 is the average fine. (Not less than $250 nor more than $5,000).

$270 in court costs.

May be required to pay the costs of incarceration

8 to 15 hours of mandatory attendance (plus fees) required for alcohol education or substance abuse treatment as recommended by an assessment counselor.

The court may reduce fines and requirements to be imposed with probation.  

May require installation and cost of an ignition interlock device.

Offenders failing to comply with the terms of their program are not eligible for license reinstatement and shall be subject to revocation of probation and incarceration.

Alternatives are available to some terms and jail time, such as: Electronic Monitoring, Work Release or Work Furlough, Weekend Jail, Alcohol or Drug Rehabilitation, and Sober Living Sites. One more reason why a DUI attorney should be contacted who is familiar with Alaska DUI laws.

2nd Offense

A person is guilty of a class C felony if they have been convicted 2 or more DUI’s within10 years of the present offense.

1 year revocation of license.

20 days to not more than1 year in jail.

$3,000 to $5000 fine.

May be required to take a drug intended to prevent the consumption of an alcoholic beverage.

Mat require the forfeiture of the vehicle, watercraft, or aircraft used while driving impaired.

Revocation of the registration for any vehicle registered in the name of the person convicted. If a person convicted is a registered co-owner of a vehicle, the department shall reissue the vehicle registration omitting the name of the person convicted.

May be ordered to participate for at least 18 consecutive months in a court-ordered treatment program.

 

3rd Offense

All of the above plus:

3 years revocation of license.

60 days, not more than 1 year in jail.

$4,000 fine.

 

4th Offense

All of the above plus:

5 years revocation of license.

120 days in jail.

$5,000 in fine.

 

5th Offense

All of the above plus:

5 years revocation.

240 days in jail.

$6,000 fine.

 

6th Offense

All of the above plus:

5 years revocation of license.

360 days jail.

$7,000 fine.

Minimum Penalties for DUI With Refusal Of A Chemical Test

90 day minimum revocation days for a first offense. Court may impose more than the minimum.

1 year revocation if you have 1prior conviction of DUI or refusal to test.

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 driver’s license, the court must disqualify your privilege for the minimum period required by law. 

The CDL 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 a DMV revocation.

Referral to alcohol treatment and rehabilitation.

 

BAC of .08% Or More With Refusal Of A Chemical Test

• Driver’s license, privilege to drive or to obtain a license revoked by the Division of Motor Vehicles.
• This revocation will occur even you are found not guilty in court, or the refusal to test is dismissed.
• 1 year revocation if you have been previously convicted 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.
• Prior convictions of DUI 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 DUI enhancement?

One or more convictions for the same or a similar offense.

A child (14 or under) was in the car at the time.

20 miles or more over the speed limit when cited.

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 .16% BAC but less than 0.24% the court shall require the person to use an ignition interlock device for a minimum of 6 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 1 year after the person regains a driver’s license.

 

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 Alaska DUI 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 Alaska DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.

 

What if I’m Under 21?

Operation of a motor vehicle, aircraft, or watercraft after consuming alcohol or drugs in any mount (no alcohol in blood or on breath—zero tolerance) Alaska DUI law states you will be arrested for driving while impaired.

Upon conviction, the court will order community service and/or a fine up to $1,000.

Revocation of license will occur even if you are found not guilty or the criminal citation is dismissed.

 

Penalties for Juvenile DUI Or Refusal Of Chemical Testing

It is illegal in Alaska for a person under the age of 21 to consume alcohol.

30 days for a 1st offense.

60 days if you have been previously revoked for this offense.

90 days if you have 2 previous revocations for this offense.

1 year if you have 3 or more previous revocations for this offense.

Upon conviction, the court must order community service and/or a fine up to $1,000.  

  

-- Administrative DMV Penalties --

 

Alaska DMV 1^st Offense

You have 7 days to request a hearing to save you driving privilege. Snooze and you lose you license.

90 days revocation with no prior convictions or test refusals.

Limited license during the last 60 days when BAC is .08% or greater with no test refusal.

There is no limited work driving privileges for refusing BAC test.

1 year loss of license with 1 prior DUI conviction with no opportunity for a limited work permit.

2 prior convictions loss of license for 3 years, with no opportunity for a limited license.

3rd conviction loss of license for 5 years, with no opportunity for a limited work permit.

DMV requires to $200 license reinstatement fee.

Proof of insurance required for a period of 3 years after the revocation period ends. This usually involves increased insurance premiums.

"Notice and Order of License Revocation" effective on the date of arrest is issued to drivers arrested for an Alaska DUI.

The DMV revocation may be run concurrently with (at the same time as) or consecutive to (in addition to) any court revocation.

Original licenses 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 is required 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 an Alaska DUI 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.
• Providing proof of financial responsibility with an SR - 22 Certificate of Insurance or a $125,000 surety bond is required.

– Disclaimer –

Only educated and licensed Alaska DUI 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 DUI 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 Alaska DUI lawyer.

 

– 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 DUI (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.