Alaska DUI Laws

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UPDATED: Mar 13, 2020

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Driving under influence (DUI) is defined as operating a vehicle, watercraft, or aircraft while under the influence of an alcoholic beverage, controlled substance or inhalant. Alaska DUI laws have several statutes that relate to operating a motor vehicle or commercial motor vehicle while under the influence, and there are different penalties for each kind of offense. Disobeying these laws will raise your Alaska car insurance rates. If you find yourself in this situation, you should take the time to compare car insurance with our ZIP code search, and let us find the cheap car insurance quotes for you!

The Statutes

  1. DUI
  2. DUI—CMV pertaining to a commercial motor vehicle
  3. Refusal—refusing to submit to a chemical test
  4. Refusal-CMV— suggests there is implied consent for drivers of motor vehicles used for commercial purposes
  5. DWLR—driving while license cancelled, revoked, in violating a limitation or suspended license
  6. DWLR-Commercial—driving a motor vehicle for commercial purposes without lawful licensing

Depending on the defendant’s prior record, DUI as well as Refusal charges under Alaska DUI laws will be either felonies or misdemeanors. First and second offenses are misdemeanors for defendants. They are charged by a complaint and tried in a district court by a six-person jury. A defendant who has been convicted over two times previously within the last 10 years and after January 1, 1996 for any of the statutes or combination of statutes will be charged with a felony by an indictment from a grand jury and tried by a twelve-person jury in a superior court. One should take the time to check out the DUI laws by state and make sure there is no breaking of the laws.

Alaska DUI Minimum Penalties

According to the number of times a defendant is convicted for DUI, DUI-CMV or Refusal, Alaska DUI laws have mandatory minimum penalties. Any convictions that were given in other jurisdictions may also be taken as a prior conviction in the present jurisdiction for sentencing. If there are convictions for violating several statutes that arise from one incident, they will be considered together as only one prior conviction. Any DUI can drastically raise your car insurance rates. There are state minimum car insurance requirements that everyone should know about.

Alaska DUI Misdemeanor Penalties

There are mandatory as well as discretionary penalties according to Alaska DUI laws that can be imposed by the court for every statute violation. The fine, jail sentence, cost of jail time and period of time the license is revoked all increase along with the increase of the number of prior convictions. Requirements for a misdemeanor sentence under Alaska DUI laws are:

  1. First offense jail time of at least 72 hours days jail time plus a fine of at least $1,500 and for a sixth misdemeanor or more offense a minimum of 360 days jail time and a minimum $7,000 fine.
  2. Driver’s license as well as the possibility to get a driver’s license revoked for at least 90 days, but under certain circumstances a limited license may be given.
  3. If a violation involves intoxicating liquor or alcohol, a device that locks the ignition is required when the license is restored, except in communities not on the state roads.
  4. If the offense involved a vehicle used for commercial purposes, the defendant will be disqualified from driving such vehicles.
  5. The defendant must submit to alcohol and drug evaluations and complete a treatment program.
  6. The defendant must pay the cost of any emergency response services in the case of an accident caused by the offense as well as the imprisonment costs.

Alaska DUI Felony Penalties

The penalties of minimum jail time and fines will be higher for a defendant who has three or more offenses depending on when they occurred. Requirements for a felony sentence under Alaska DUI laws are:

  1. For a third felony offense the minimum of 120 days and for a fifth offence or more a minimum of 360 days jail time plus a $10,000 mandatory minimum fine.
  2. The driver’s license permanently revoked except if certain criteria are met in 10 years and the motor vehicle, aircraft or watercraft used in the incident are forfeit with all of the registrations for vehicles in the name of the defendant revoked.
  3. If a violation involves intoxicating liquor or alcohol, a device that locks the ignition is required for at least 60 months if the license is restored, except in communities not on the state roads.
  4. The defendant is disqualified for life from operating a vehicle used for commercial purposes if the offense was in such vehicle.
  5. The defendant must submit to alcohol and drug evaluations and complete a treatment program.
  6. The defendant must pay the cost of any emergency response services in the case of an accident caused by the offense.
  7. If the offense is committed in a highway work zone, the fines are doubled.

Additional Sentencing Possibilities

For both misdemeanor and/or felony sentences according to the Alaska DUI laws the court may order the defendant to:

  • Do community service work
  • Do a term of probation
  • Pay for any damage that was caused because of the offense
  • Take medicine that will help stop the consumption of alcohol
  • Forfeit of the vehicle, watercraft or aircraft
  • Complete an approved driver education course

Revoking the License

If the court has ordered the revocation of a defendant’s driver’s license, the Alaska Department of Motor Vehicles (DMV) will also revoke the license. This may be at the same time as the court order or in addition to the court order.

If a driver who has been given a chemical test fails the test or refuses to take a test, the law enforcement officer can seize the driver’s license and give a Notice and Order of Revocation. This will give the driver seven days to drive before the DMV revokes the license, and it also tells how to request an administrative review. Failing a chemical test means the blood alcohol concentration is 0.08 percent or higher.

Other Penalties

There are also penalties under Alaska DUI laws for driving while a license is cancelled, revoked, in violation of a limited or suspended license. This is a Class A misdemeanor which has the maximum penalty of one year in jail and a $10,000 fine. The minimum penalty is jail time for 10 days which may be suspended for a first offense, community service work for 80 hours and additional revocation for 90 days. All these penalties will raise your car insurance. In order to save money, enter your ZIP code and compare cheap auto insurance quotes for FREE!

Alaska DUI laws cover driving a motor vehicle, commercial vehicle, aircraft and watercraft while under the influence of a controlled substance, inhalant or alcohol. For repeated offences the defendant may loose the privilege of driving or owning any motor vehicle. Alaska DUI laws are being enforced much more severely than in the past, and jail time for a first offender is common. Don’t pay high rates on car insurance! Use our FREE ZIP code search and get online cheap car insurance quotes for FREE!

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