If you are arrested for a DUI in Alaska, it is critical that you understand the Alaska DUI laws. As is the case in other states, an arrest for drinking and driving in Alaska will result in two cases: a criminal one and a Division of Motor Vehicles one.
In the DMV case, you must request a hearing within seven days. This hearing will give your Alaska DUI lawyers an opportunity to observe the testimony given by the arresting officers, and their testimony is recorded so that it may be used in the criminal trial to rebut the cops testimony if it changes. If this is your first DWI, the Alaska DUI laws state that your license will be revoked for 90 days, but you can get a limited license to travel to work during the last 60 days. If this is your second DWI, your driver’s license will be revoked, and you can not get a limited license. If this is your third DWI, your driver’s license will be revoked for three years. If this is your fourth DUI, your license will be revoked for five years.
In the criminal case, Alaska DUI laws are contained under Section 28.35.030. These laws apply to anyone that has been operating a vehicle, airplane, or watercraft. These statutes for convicting you of a DWI apply if you are under the influence of alcohol or a controlled substance, or if there is a .08% blood alcohol level. In Alaska a DWI is a misdemeanor, unless this is your third or greater conviction within the last ten years.
The sentencing guidelines under the Alaska DUI laws varies depending upon the number of DWI convictions that you have had. For your first offense, the sentence will be for a minimum of three days and a fine of not less than $1,500. For the second DUI conviction, the sentence will be for a minimum of twenty days in jail and a fine of at least $3,000. If this is your third conviction, but not your third within the last ten years, the minimum sentence will be 60 days and a minimum fine of $4,000. If this is the fourth conviction, but you haven’t had three DWI convictions within the last ten years, the minimum sentence will be for 120 days and a fine of at least $5,000. For the fifth conviction, if you have not had three within the last ten years, the minimum sentence will be for 240 days and a fine of $6,000. For any convictions after five, if you have not had three within the last ten years, the minimum sentence is 360 days and a fine of $7,000.
If you have had three convictions within the last ten years, the Alaska DUI laws are much more severe. The minimum fine will be $10,000. The minimum prison sentence will be 120 days for the third DWI conviction, 240 days for the fourth, and 360 days for the fifth or greater. You will also lose your driver’s license permanently, but you may be able to apply to get it back after ten years. The court may also order that you take drugs to prevent the consumption of alcohol, and your vehicle that you were driving when arrested for the DWI will be seized by the state.
Under the Alaska DWI laws, the court will order you to attend a drug treatment program. Upon successful completion of the program, the court may suspend up to 75% of the prison time and fines. This reduction of time does not apply if you have already completed a program two or more times.
If your blood alcohol level was at least .16%, the court must also order you to use a ignition interlock device for at least six months. If your blood alcohol level was at least .24%, you must use the device for at least one year.
If you are arrested for drunk driving, it is extremely important that you contact several Alaska DUI lawyers as quickly as possible. Having the right DWI lawyer can make a tremendous difference for you.