DUI & DWI in Alaska

Fines and Fees

1st offense – minimum $1,500 fine

2nd offense – minimum $3,000 fine

3rd offense – minimum $4,000 fine.

4th offense – minimum $5,000 fine – minimum $7,000 fine (6th offense)

Insurance

Insurance Increase – $561.75

Total policy increase – $1,685.25

Ticket Counsel Customers

Average (initial) cost – $500 – $1,250

ALASKA DUI/ DWI

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants.

The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

ALASKA DUI/ DWI REGULATIONS

In Alaska, the Blood Alcohol Content (BAC) limit is set at:

0.08% – for drivers over 21 years of age
0.04% – for commercial drivers (CDL)
0.02% – for drivers under 21 years of age

Having a license in the state of Alaska automatically renders “implied consent”. “Implied consent” can
be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving,
either through a Breathalyzer test or by an actual blood test.

Refusing to take the chemical test will result in your driver license, privilege to get a license and privilege to drive being immediately revoked. 10 points will also be added to your record for refusing breath sample. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up
drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may
cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll
have to pay much higher premiums.

1st Offense

Is treated as a Misdemeanor.
Imprisonment for minimum 72 consecutive hours.
A minimum $1,500 fine.
10 points will be added to your driving record.
Your license will be revoked for 90 days.
You may be eligible to drive using the Limited Driving Privilege and license can be reissued if
you meet the reinstatement requirements.
Limited Driving Privilege will require employment
certificate and certificate of good standing from an alcohol counseling center.

2nd Offense

(within 5 years)

Is treated as a Misdemeanor.
Imprisonment for minimum 20 days.
A minimum $3,000 fine.
Your license will be revoked for 1 year.
The driver will face a 5-year license denial.
You may be eligible to apply for a Limited Driving Privilege once you complete at least 2 years of the 5-year denial period.

3rd Offense

(within 10 years)

Is treated as a Class C Felony.
Imprisonment for a minimum of 60 days.
A minimum $4,000 fine.
Your license will be revoked for 3 years.
If three or more convictions occur for DWI or BAC or a combination of the two, the driver will face a permanent license revocation.
You may be eligible to apply for review of driver license revocation once you complete entire
term of the 10-year denial period.
You may also have to forfeit your vehicle.

4th Offense

Is treated as a Class C Felony.
Imprisonment for a minimum of 120 days.
A minimum $5,000 fine.
Your license will be revoked for 5 years.

5th Offense

Is treated as a Class C Felony.
Imprisonment for a minimum of 240 days.
A minimum $6,000 fine.
Your license will be revoked for 5 years.

6th Offense

Is treated as a Class C Felony.
Imprisonment for a minimum of 360 days.
A minimum $7,000 fine.
Your license will be revoked for 5 years.
The court may order a driver’s license to be revoked if the driver possesses or uses drugs while operating the vehicle.

FOR ALL ABOVE OFFENSES YOU ARE ALSO LIABLE TO PAY SURCHARGES AND IMPRISONMENT COSTS.

IF YOU ARE UNDER 21 YEARS OLD:

The court may order a minor’s license (under 21) to be revoked for operating a motor vehicle after consuming alcohol, for refusing to submit to chemical testing, or for using a false driver’s license to obtain alcohol. The revocation will take place even if the court does not find you guilty. Your license will be revoked for 30 days for the 1st conviction, 60 days for a subsequent conviction for any alcohol or drug-related offense (including possession and use) while driving; 90 days if you have 2 earlier revocations of this offense or 1 year if you have 3 or more earlier revocations.
Your license will be revoked for 6 months and confiscated if probation is violated after the 1st conviction.
A $1,000 fine.
48-96 hours of community work.
If an under 18 year old with a provisional driver license is convicted of violating repeat alcohol consumption law then eligibility for regular driver license gets postponed by 6 months. In this case submit a new parents’ consent has to be signed before a notary public or DMV and representative.
You may have to undergo Juvenile Alcohol Safety Program.
Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ALASKA PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)

You will be disqualified from your commercial driving privilege for 1 year for your first offense, if you are convicted for your BAC being higher than 0.04%.
You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
You will be disqualified from your commercial driving privilege for life if you are convicted for any of these offenses for the 2nd time.
Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for offenses of DUI/DWI.

ALASKA ADMINISTRATIVE ACTIONS AGAINST DUI/DWI

Alaska laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:
The driver is age 21 and over and is driving with BAC 0.08% or more.
The driver is under age 21 and is driving with BAC 0.02% or more.
Under this action, if you are arrested for DUI/DWI, the arresting officer will revoke your Alaska driver license. These hearings will only focus on if your breath test result was .08% or greater or you refused to give a breath sample and the arresting officer had probable cause to believe that you were operating or driving a motor vehicle while under the influence.

These actions will occur even if the court does not find you guilty. The driver can request in writing for an administrative hearing within 7 days of the notice of suspension/revocation.

It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver his license will be revoked for 90 days for a 1st offense; for 1 year if you have been convicted earlier of DUI or Refusal; and for 3 years if you have 2 earlier Refusal or DUI convictions.

Any alcohol related convictions or suspensions for the past 15 years will be considered in order to decide the revocation period. You may be eligible to drive using the Limited Driving Privilege only for your 1st offense or if last offense was before 15 years.

This involves a $100 non-refundable fee. After the request is received, the DMV will supply a temporary license that is valid up to administrative hearing date.

You can mail or deliver the request to:

DMV at Department of Administration

Anchorage Driver’s Licensing

1300 W. Benson Boulevard

Suite 100, Anchorage, AK 99503-3689

You may be eligible to drive using the Limited Driving Privilege the terms and availability for which will be subject to your treatment, driving and criminal history. The suspension or revocation begins 15 days after the final order of the hearing officer is mailed from the Division of Motor Vehicles. This involves a non-refundable $100 fee. If the driver is dissatisfied with the ruling, he can file an appeal with the court.

However, you will have to serve the suspension/revocation until the court reaches a verdict. If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favor of the driver, then his license will be returned and the suspension/revocation will be cancelled.

The court may suspend sentence execution or grant probation if the person serves the minimum imprisonment he is eligible for. If your actions that led to conviction have caused a motor vehicle accident then the court may order you to pay some cost of emergency services (peace officer, fire department, ambulance service, emergency trauma technician or emergency medical technician) that arrive on the accident site.

Driving when the license has been suspended or revoked is a Class A Misdemeanor with a maximum penalty of up to 1-year imprisonment and a $10,000 fine.

ALASKA LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Revenue, once the period of suspension or revocation is over. Even those with Limited Driving Privilege have to apply for a new License.

Reinstating a license after a suspension or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

To complete the reinstatement requirements, you must prove that you have successfully completed the court-ordered treatment program or a comparable program (the agency will send the proof to the Driver License Bureau once you have completed the program), pay the correct fee, and maintain proof of financial responsibility for 2 years from the date of suspension/revocation by filing SR-22, if you are over 21 years old..
If you are being convicted for a 2nd time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
You can submit the reinstatement application and reinstatement fee in person at a Department of Motor Vehicles office near you. You can also send the reinstatement package by mail with an extra $21.00 fee for non-commercial licenses and $101.00 for CDL.