Knowing more about Alaska DUI laws can help you understand what the laws are and how they are enforced. Driving under the influence, or DUI, is a charge that is taken seriously in Alaska, as it is in any other state. In this article, you will find what you need to know about these laws.
Alaska DUI Laws
What Is the Blood Alcohol Concentration Limit?
The blood-alcohol concentration, or BAC, is a measurement of how much alcohol is in your bloodstream. The BAC limit in Alaska is 0.08% or greater unless you are driving a commercial vehicle, then the limit is 0.04%. If you are driving a vehicle and have a BAC of 0.08% or greater, you will be charged with a DUI.
What Happens If I get Pulled Over?
DMV regulations in Alaska say that you have given the state implied consent if you have a driver’s license. This simply means that if an officer pulls you over because they are suspicious of a DUI, they can test your blood or your breath for alcohol because you have already given permission when you received your driver’s license.
Can I Refuse the BAC Test?
Because of the implied consent law that is within Alaska DUI laws, you can not legally refuse the BAC test. Since you had given your consent when you were given your driver’s license, you have to take the BAC test if you are pulled over due to a suspicion of DUI.
What Happens If I Refuse It?
Refusing to take the BAC test is a separate charge. If you refuse to take the BAC test, you would be charged with a DUI and charged with refusing a BAC test. Even if you are acquitted of the DUI charge, there will still be penalties for refusing the BAC test.
These penalties can include revocation or cancellation of a driver’s license, ignition interlock device, fines, and being required to retest in order to get your driver’s license reinstated.
Can I Plead “Wet Reckless”?
Pleading “wet reckless” is a possibility within Alaska DUI laws. “Wet reckless” is basically a reckless driving charge that involves alcohol. The charge would then be reduced from a drunk driving or DUI charge down to a reckless driving charge. There are no statutes that specify when the courts will accept a plea of “wet reckless”, but it is something that a lawyer may try to use.
What Are the Penalties I Should Expect?
DUIs are taken seriously in Alaska, this is seen in the penalties that are given according to the Alaska DUI laws. In addition to the penalties per offense, Alaska DUI laws allow for these additional penalties:
* The offender, while incarcerated or as a condition of their parole, may be required to take a medication that will prevent the consumption of alcohol.
* As a condition of parole, the court may require the offender to go through a drug and alcohol evaluation, screening, program requirements, and referral of an alcohol safety action program.
The “washout” period in Alaska is 15 years. This is the amount of time that prior DUIs will be used in sentencing an offender.
The penalties per offense are as follows.
First Offense DUI
The first offense comes with a minimum of 72 hours of jail time that will be served, $1,500 in fines and penalties that will need to be paid, and a minimum of 90 days that the offender’s drivers license will be suspended. While on probation, the offender will need to have an ignition interlock device installed in any vehicle they drive. The cost of installing and maintaining will be paid by the offender.
Second offense DUI
When there is a second offense of a DUI, a minimum of 20 days will need to be spent in jail, $3,000 in fines and penalties will need to be paid, and a minimum of one year of a suspended license. In addition, an ignition interlock device will need to be installed in any vehicle the offender drives for as long as they are on probation. The installation and maintenance costs for the device will need to be paid by the offender.
Third Offense DUI
A third offense DUI brings with it between 60 and 120 days in jail, between $4,000 and $10,000 in fines and penalties that need to be paid, and a minimum of three years of a suspended license. Once the offender gets their license back and is still on probation, they will not be able to drive a vehicle unless an ignition interlock device is installed in it. The expense of installing and maintaining the device will be the responsibility of the offender.
Fourth Offense DUI
In Alaska DUI laws, a fourth offense requires between 90 and 120 days spent in jail, between $5,000 and $10,000 in fines and penalties to be paid, and a minimum of five years of a suspended license. After the minimum of five years without a license, the offender will need to have an ignition interlock device installed in any vehicle they are going to be driving. Any installation and maintenance fees will be paid by the offender.
DUIs are taken seriously in Alaska and all of these laws help to show this. Knowing more about the laws and how they are enforced can be beneficial. Do you know anyone in Alaska that could benefit from this information or would like to know more about the laws? Feel free to share it with them. If you have any comments or thoughts on the Alaska DUI laws, please share them so others can benefit from your thoughts as well.