MISDEMEANOR DUI PENALTIES IN ALASKA
On behalf of Dan Allan at The Law Offices of Dan Allan & Associates
In Alaska it is a crime to operative a motor vehicle or watercraft while under the influence of drugs or alcohol. It is also a crime to refuse to submit to a chemical test. Driving under the influence (DUI) and refusal may be either a misdemeanor or felony depending on a person's prior criminal record. Prior charges from other jurisdictions may be counted as prior convictions for purposes of Alaska DUI-related sentencing laws.
First and second DUI or refusal charges are charged as misdemeanors in Alaska. Misdemeanor offenses are tried before a jury of six jurors in district court. DUI and refusal convictions have both mandatory and discretionary penalties consisting of jail time, fines, driver's license revocation and other consequences.
Mandatory sentencing requirements
The following are mandatory sentencing requirements for misdemeanor DUI and refusal convictions in Alaska.
- Jail time. If it is a first offense, a minimum sentence of 72 hours is required. If it is a sixth or subsequent non-felony offense, then a mandatory sentence of 360 days is required.
- Fine. If it is a first offense, a mandatory minimum fine of $1,500 is assessed. If it is a sixth or subsequent offense, the mandatory minimum fine is $7,000.
- Driver's license revocation. Unless the DUI or refusal offense occurred during the operation of a watercraft, a person's driver's license (or the privilege to obtain a driver's license) will be suspended for 90 days or more. If the offense was committed in a commercial vehicle, the person will be disqualified from operating a commercial vehicle.
- Ignition interlock device. Following an alcohol-related conviction and after a person's privilege to drive has been reinstated, an ignition interlock device will be required to be installed.
- Drug and alcohol evaluation. A drug and alcohol evaluation will be ordered. If the evaluator determines that the defendant is in need of drug or alcohol treatment, he or she must complete any recommended treatment program.
- Surcharges and costs. A person convicted of DUI or refusal will be ordered to pay certain surcharges. If emergency services were involved in the offense, the cost of those services will also be charged to the defendant. Additionally, an order to pay the cost of imprisonment will also be issued.
Discretionary sentencing requirements
The following are discretionary sentencing requirements for misdemeanor DUI and refusal convictions in Alaska.
- Damages. If any damage was the result of the offense, a defendant will be ordered to pay for those damages.
- Driver improvement course. A person convicted of a DUI or refusal offense may be required to complete a driver improvement course.
- Community service. A person convicted of a DUI or refusal offense may be required to perform community service work.
- Probation. Probation for a period of time may also be imposed for driving under the influence or refusing to submit to a chemical test.
- Vehicle forfeiture. A person convicted of DUI may be ordered to forfeit his or her vehicle, including watercraft or aircraft.
- Medication. A person may be ordered to take a prescription medication the purpose of which is to discourage the consumption of alcohol.
Speak to an Alaska DUI defense attorney
If you have been arrested for driving under the influence in Alaska, do not hesitate to speak to a lawyer. Contact the Law Offices of Dan Allan & Associates in Anchorage today to speak to an experienced DUI/OUI defense lawyer.