Best DUI & DWI Lawyers in Alaska

About DUI & DWI Law in Alaska, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious criminal offenses in Alaska, United States. These laws are designed to discourage impaired driving and protect public safety. In Alaska, a DUI or DWI usually refers to operating a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher for drivers aged 21 and over, and 0.00 percent for drivers under 21. Offenses are not limited to alcohol; impairment by drugs, including prescription or over-the-counter medications, can also lead to DUI or DWI charges.

Why You May Need a Lawyer

Facing DUI or DWI charges in Alaska can have consequences far beyond a court appearance. The legal process can be complex, and even first-time offenders risk severe penalties such as fines, loss of driving privileges, mandatory treatment programs, and possible jail time. You may need a lawyer if:

• You have been arrested or charged with DUI or DWI
• You believe your constitutional rights have been violated during the arrest
• You are facing repeat offenses with increased penalties
• Your case involves an accident, injury, or property damage
• You have commercial driving privileges at stake
• You refused a breathalyzer or chemical test
• Your license has been suspended or revoked
• You want to explore plea bargains or alternative sentencing

Local Laws Overview

Alaska’s DUI and DWI laws have unique characteristics that set them apart from those in other states. Some of the most relevant legal points include:

• Legal BAC limits: 0.08 percent for adults, 0.04 percent for commercial drivers, and 0.00 percent for those under 21 (zero tolerance law).
• Implied consent law: Refusing to take a breath or blood test when suspected of DUI can result in an immediate license suspension and additional penalties.
• Penalties: Even a first offense can result in at least 72 hours in jail, mandatory ignition interlock device, license suspension, and fines.
• Repeat offenses: Penalties significantly increase with subsequent convictions, including longer jail time and license revocation periods.
• Administrative and criminal proceedings: DUI and DWI cases involve both administrative (Department of Motor Vehicles) and criminal court proceedings that occur simultaneously.
• Aggravating factors: High BAC, minors in the vehicle, or causing accident or injury can lead to more severe consequences.
• DUI by drugs: Alaska laws penalize operating a vehicle under the influence of any impairing drug, not just alcohol.

Frequently Asked Questions

What is the difference between DUI and DWI in Alaska?

In Alaska, the terms DUI (driving under the influence) and DWI (driving while intoxicated) are often used interchangeably to describe the same offense of impaired driving, regardless of whether the impairment is caused by alcohol, drugs, or a combination of both.

What happens after a DUI arrest in Alaska?

After a DUI arrest, you may be required to submit to chemical testing. Your driver’s license may be confiscated, and you will receive a notice of suspension. You will be given a chance to request a hearing with the Department of Motor Vehicles, and you will also face criminal charges in court.

Is a DUI in Alaska a felony or misdemeanor?

A first and second DUI offense in Alaska is typically charged as a misdemeanor. A third or subsequent offense within ten years may be charged as a felony.

Can I refuse a breathalyzer or blood test?

You have the right to refuse chemical testing, but Alaska’s implied consent law means refusal will result in automatic license suspension and can be used as evidence against you in court.

How long will my license be suspended for a DUI?

For a first DUI offense, license suspension is a minimum of 90 days. Subsequent offenses or test refusals result in longer suspensions, potentially up to several years.

Will I have to go to jail for a first DUI in Alaska?

Yes, a first offense carries a mandatory minimum jail sentence of 72 hours, but actual time served can vary depending on the circumstances and outcome of your case.

What are the fines for DUI in Alaska?

The minimum fine for a first-time DUI conviction is at least one thousand five hundred dollars. Fines increase with each subsequent offense or if aggravating factors are involved.

Do I need an ignition interlock device after a DUI conviction?

Yes, installation of an ignition interlock device is required for most DUI convictions in Alaska, even for first-time offenders. The duration increases with additional convictions.

Can a DUI conviction be expunged from my record?

Currently, Alaska does not allow expungement of DUI convictions from criminal records. A conviction will remain on your record permanently.

Should I hire a lawyer for a DUI case in Alaska?

It is highly recommended, as DUI laws are complicated and penalties are severe. A lawyer can help navigate procedures, protect your rights, and work towards the best possible legal outcome for your situation.

Additional Resources

• Alaska Department of Motor Vehicles (DMV): Provides information on license suspension, hearings, and administrative actions related to DUI and DWI.
• Alaska Court System: Offers resources about court proceedings and finding legal assistance.
• Alaska Office of Public Advocacy: Provides information for those who cannot afford an attorney.
• Alaska Division of Behavioral Health: Connects offenders with substance abuse assessment and treatment resources.
• Legal aid organizations: Local nonprofits may offer free or reduced-cost legal advice for DUI or DWI cases.

Next Steps

If you have been charged with DUI or DWI in Alaska, the most important step is to act quickly. Consider the following steps:

• Request a hearing with the Alaska DMV as soon as possible to contest your license suspension.
• Gather and organize any documents or evidence related to your arrest and the events leading up to it.
• Consult with an experienced DUI or DWI attorney familiar with Alaska laws.
• Attend all court dates promptly and follow the advice of your legal counsel.
• Explore treatment, counseling, or educational courses that may demonstrate responsibility and commitment to complying with the law.

Navigating a DUI or DWI charge in Alaska can be overwhelming, but the right legal help and resources can make a significant difference to the outcome of your case and your future.