- Location: Alaska
DUI & DWI in AlaskaPage Overview
Driving under the influence (DUI) is a very serious charge. In Alaska, as with most U.S. states, you are considered legally drunk if your blood-alcohol content (BAC) is .08% or greater.
If you are charged with a DUI, it is suggested that you consult with a good DUI attorney. This by no means condones drinking and driving, but the severity of a DUI charge, even a first offense, is such that legal representation is of the utmost importance.
In Alaska, the DMV regulations say that if you hold a driver's license, you have given the state what is known as "implied consent." That means, if you are stopped by an officer on a suspicion of DUI, you have already given the officer permission to test your breath or blood for the presence of alcohol or drugs.
If you refuse to take the test, this is considered a separate offense by itself and, even if you are acquitted of DUI, holds its own penalties. Those penalties include the mandatory suspension of your driver's license and possible jail time, along with a mandatory fine.
If you are convicted of DUI and refused to test, you may face a higher fine, longer license suspension and a longer DUI program requirement.
Blood alcohol concentration (BAC), is the system of measure used to determine how much alcohol is in your bloodstream. The blood alcohol limit in Alaska is 0.08%, unless you are operating a commercial vehicle, in which case the limit is 0.04%.
If you are arrested for suspicion of DUI and you are suspected of also being under the influence of drugs, the officer may require that you undergo a blood or urine test to determine the presence of drugs in your bloodstream.
DUI is considered a criminal offense. When you're convicted of a DUI, you face both criminal penalties and administrative action by the DMV.
The DUI offense is considered by the courts to be a Class A misdemeanor. You may be sentenced to a fine, jail time, license revocation or referral to a drug or alcohol treatment program. Your license will be revoked for a minimum of 90 days.
If you've had 2 convictions, you may be charged with a felony upon your 3rd offense.
If you are convicted of a DUI, not only will you incur fines, possible jail time, and the loss of your license for a predetermined period, but you will also accumulate points against your driving record, resulting in increased insurance rates.
Here's what you will need to do in order to have your license reinstated after a DUI conviction:
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- Apply for a new driver's license.
- Pass a written knowledge test.
- Pass the vision test.
- Have your photograph taken.
- Pay the reinstatement fees.
- Pay the license fees.
- Have an SR-22 from your insurance carrier.
- Show proof of identity and proof of birth.
- Possibly pass a road test.
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