Alaska DUI Information
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According to the FBI, there were 5,104 Alaska DUI arrests in 2004. Of the Alaska DUI arrests 98 were under the age of 18.
If you have recently been arrested for driving under the influence in Alaska, we recommend you seek the counsel of a qualified DUI attorney in your local area. Information on the Internet is no substitute for professional legal representation.
An Alaska DUI (driving under the influence), Alaska DWI (driving while intoxicated), or other alcohol related offense triggers two seperate actions: one in court (a criminal DUI action), and one at the Division of Motor Vehicles (an admi9nistrative DUI action).
For an Alaska DUI, defendants have 7 days from the date of arrest to request a hearing from the Alaska Division of Motor Vehicles.
The request for an Alaska DMV adminsitrative hearing must be made in writing. The Alaskan driver accused of DUI may write a letter or use a form obtainable from Alaska DMV. The request for a hearing should be mailed or delivered to DMV at
Department of Administration, Anchorage Driver’s Licensing
1300 W. Benson Boulevard, Suite 100
Anchorage, AK 99503-3689.
Always keep some sort of proof relating to the request (return receipt, certified mail).
It is important for anyone charged wiuth a DUI in Alaska to contact a local attorney to confirm procedures to notify the DMV and to assess their particular case in light of current law. Many DUI attorneys will provide a free initial consultation.
Alaska DUI Criminal Action Penalties
First DUI Offense:
- Jail- 72 hours to one year in jail.
- Fines- A fine of not less than $250.00 but not to exceed $5,000
- School- 15 hour DUI program
Additional Consequences:
- 24 hours of community service is mandatory.
- Alcohol dependency assessment and treatment if necessary.
- Mandatory license suspension for not less than ninety (90) days after which a $200.00 license reinstatement fee must be paid. The court ordered suspension is independent of any action taken by the DMV. However, any action by the DMV may run concurrent with the court suspension.
It should be noted that the State of Alaska estimates the total cost associated with an average first offense DWI to be approximately $22,740.
Alaska DUI Enhancements
Enhancements are additional facts that a Judge or Prosecutor may consider in charging the case or sentencing. In many states these factors may include speed, high blood alcohol concentrations, whether there were children in the car, commercial driver, under 21 driver, chemical test refusal or prior convictions for DWI, DUI, OWI
Refusal
Criminal penalties for refusal in Alaska the same as DUI. For first offense refusal, penalty is mandatory minimum 3 days jail, 90 day license revocation (followed by years of SR-22 insurance), alcohol treatment, $1500 fine, disqualification for CDL for one year, etc. (Maximum, like DUI, is 1 year and $10,000 fine). If prior DUI or refusal in last 15 years, minimum penalties escalate.
Elevated Blood Alcohol Concentration
The State of Alaska has enhanced penalties for individuals with blood alcohol concentrations above .16 and additional penalties for concentrations above .24. Depending upon the blood alcohol concentration the DMV may require the installation of an ignition interlock device for up to one year.
Prior Conviction
Additional penalties apply for second offenses have a minimum jail sentence of 20 days and a minimum fine of $3,000. A third offense since 1996 can be charged as a felony and carries significant jail and fines. Any offense exceeding a first offense has penalties including ignition interlock device requirement and possible vehicle forfeiture.
DUI Administrative Action:
PLEASE BE AWARE- YOU HAVE 7 DAYS FROM THE DATE OF ARREST TO REQUEST A HEARING FROM THE DIVISION OF MOTOR VEHICLES. The request must be made in writing. The driver may write a letter or use a form obtainable from DMV. The request for a hearing should be mailed or delivered to DMV at Department of Administration, Anchorage Driver’s Licensing, 1300 W. Benson Boulevard, Suite 100, Anchorage, AK 99503-3689. Additionally, you should contact a local attorney to confirm the procedures required to notify the DMV or your intention to challenge the suspension. Always keep some sort of proof relating to the request (return receipt, certified mail).
Actions taken by the Division of Motor Vehicles vary depending upon the offense, a first offender will be suspended for 90 days, although a provisional license may be available after an application and fee are submitted to the Department. A second offense will result in a 1 year suspension; a third will result in a three year suspension. Contact an attorney to discuss the process required for reinstatement and the availability of a provisional license in your particular situation.
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