• State Penal Code – AK Statutes 28.35.030
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – No
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver

2. The substance impairing you. This may be drugs, or alcohol, or both

3. The category of your driver’s license (Restricted, CDL)

4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Alaska are:

1st Refusal

• Prison (3 days)
• $1500 fine (maximum)
• Installation of Ignition Interlock Device

2nd Refusal

• Prison (20 days)
• $3000 fine (maximum)
• Installation of Ignition Interlock Device

3rd Refusal

• Prison (60 days)
• $4000 fine (maximum)
• Installation of Ignition Interlock Device

• In Alaska the lookback period is 15 years
• Any arrest for DUI/DWI within 15 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .01% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

• 30 day license suspension (can be up to 1 year depending on prior convictions)

• $500 fine

• 20-40 hours Community Service

1st Offense

• 90 day suspension of driver’s license

• $1500 fine

• Installation of Ignition Interlock Device

• Prison (72 hour minimum)

• Mandatory drug and alcohol evaluation, possible mandatory treatment and monitoring at the Alaska Alcohol Safety Action (ASAP)

2nd Offense

• 1 year license suspension

• $3000 fine

• Installation of Ignition Interlock Device

• Prison (20 day minimum)

• Mandatory drug and alcohol evaluation, possible mandatory treatment and monitoring at the Alaska Alcohol Safety Action Program (ASAP)

• In Alaska, a charge of Aggravated DUI/DWI will result in higher penalties
• How high these penalties are to be determined by the judge at your trial and depend greatly on the circumstances of your arrest

• ASAP provides substance abuse screening, case management and accountability for DUI/DWI and other alcohol/drug related misdemeanor cases.
• This involves screening cases referred from the district court into drinker classification categories, as well as thoroughly monitoring cases throughout education and/or treatment requirements.
• ASAP operates as a neutral link between the justice and the health care delivery systems.
• This requires a close working relationship among all involved agencies: enforcement, prosecution, judicial, probation, corrections, rehabilitation, licensing, traffic records, and public information/education.

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Alaska an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Alaska does allow plea bargains in DUI/DWI cases
• The likelihood of a successful plea bargain depends greatly on the circumstances of your DUI/DWI