Alaska DUI Information

AlaskaDUI.pro

Professional AK DUI Defense

Anchorage DUI Law Firm

2010

Anchorage, AK

Juneau, AK

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State of Alaska

DUI Defense

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Refused | Refuse | Refusing a Breath Test

AS 28.35.030

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AS 28.15.291

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I just got arrested for a State of Alaska DUI / Refusal charge.  What happens next?

ISSUE ONE:  The Alaska Implied Consent Proceeding:  The most pressing matter may be requesting an appeal / hearing of your implied consent administrative revocation.  Your Alaska license (or your right to drive in Alaska if you're not a Alaska license driver) was most likely revoked for anywhere from 90 days to five years for failing a breath test or refusing a breath, blood, or urine test.  The length of the proposed revocation depends on how many prior convictions you have for DUI or refusal to take a chemical test--the greater the number of prior convictions, the longer the revocation period.

You have only a short time (generally seven days) to request an Administrative Review - Hearing to challenge the implied consent administrative revocation.  [The administrative review hearing is sometimes referred to as a DMV hearing.]  Read your implied consent ("Notice and Order of Revocation") paperwork carefully.  If you represent yourself in this proceeding, make sure your request is sent / delivered in a timely and correct manner.

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ISSUE TWO:  The Alaska Criminal Case:  Separate from the administrative revocation is the criminal charge for one or more of the following offenses:

• Driving under the influence (DUI);

• Driving under the influence in a commercial motor vehicle (DUI-CMV);

• Refusal to submit to a chemical test (Refusal);

• Refusal to submit to a chemical test by a driver of a commercial motor vehicle (Refusal-CMV)

Under Alaska law, it is unlawful for any person to operate or drive a motor vehicle or operates an aircraft or a watercraft (1) while under the influence of an alcoholic beverage, intoxicating liquor, inhalant, or any controlled substance or a combination of the above; or (2) if, as determined by a chemical test taken within four hours after the alleged operating or driving, the person registers 0.08 percent or more of alcohol in their breath or blood. 

It is also a criminal offense under Alaska law to refuse to submit to a chemical (breath / blood / urine) test.

Important:  The administrative revocation proceeding and the criminal case are completely separate from one another.  A "win" or "loss" in one proceeding has no effect on the other proceeding. 

Will my Alaska driver license be revoked / suspended?

RELATED TO ISSUE ONE ABOVE:  Your Alaska driver license (or your right to drive in Alaska if you do not have a valid Alaska license) may be revoked for failing a breath test or for refusing a breath, urine, or blood test.  If you act within seven days of your arrest you can request an appeal of the proposed suspension by the DMV for failing or refusing the test.  If you do not request a timely Administrative Review - Hearing, your revocation will start on the eighth day following your arrest. 

If you or your attorney makes a timely request for an administrative hearing, the proposed revocation will generally not start until a hearing is held.  If your review / hearing is successful, of course, you will face no administrative revocation (though you still face the criminal charge(s).

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RELATED TO ISSUE TWO ABOVE:  If you are convicted of the DUI charge or the charge of refusal to submit to the chemical test, you will also lose your license for a time (or your right to drive in Alaska if you don't have a valid Alaska license).  This revocation is separate and distinct from the administrative revocation for failing / refusing a breath test.  It is important to note that these separate revocations may run concurrently or consecutively. 

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Also keep in mind that your license can be revoked / suspended for a variety of other reasons e.g. reckless driving, excessive points, hit and run.

What happens if I get caught driving while my license is suspended / revoked?

Driving without privileges (suspended-DWLS / revoked-DWLR) should be avoided as it is a new misdemeanor crime.  Penalties include jail time, a fine, and an additional license suspension. These penalties increase if you have prior convictions for driving without privileges during the past 10 years.  The court will generally lengthen your suspension / revocation by an additional 90 days.  See AS 28.15.291.

If you drive while revoked for a criminal conviction for DUI or refusal, you generally face a minimum 10 day jail sentence.  If you're still on probation for the criminal charges, DWLR / DWLS constitutes a probation violation (PV) as well as a new criminal offense.

I really need to drive.  Will I be able to get a limited / restricted / occupational / conditional / probationary permit?

A temporary limited license may be available to you if your license is revoked and you had a valid Alaska Driver License at the time of your revocation.  The temporary restricted license typically allows you to drive to and from work and on the job.  Limited license are not available for administrative revocations or convictions related to refusals.  Also, you may not be able to obtain a limited license if you have a prior DUI or refusal conviction.

Speak to your Alaska DUI lawyer about whether you qualify and how to apply for this limited license.  The State of Alaska does not issue restricted CDL permits.  There is usually at least some waiting period required before you can become eligible for a temporary limited license.

What is the difference between a DUI, DWI, OWI, DWAI, etc.?

These terms are all acronyms that refer to the offense commonly known as "drunk driving."  Different states have different names for the crime.  For example, in Texas the charge is known as DWI.  Alaska law / courts generally use the term "driving under the influence" or DUI.  The term "refusal" of course refers to the criminal charge of refusing to take a chemical test under Alaska's implied consent law.

Is a DUI offense or a refusal offense in Alaska a misdemeanor or felony crime?

In Alaska, DUI and refusal charges are usually misdemeanor offenses.  If you have two or more prior convictions of DUI or refusal within the past 10 years, the new DUI or refusal charge is a felony offense.  Note that a DUI and refusal arising out of the same event counts as one prior conviction for these purposes.

What type of penalties might I face if I am convicted of an Alaska DUI or refusal charge?

Upon conviction of an Alaska DUI or Alaska refusal charge, a defendant can receive a variety of penalties including drug / alcohol evaluation / treatment.  A minimum range of penalties is set forth below: 

Will my lawyer be able to plea bargain / negotiate my Alaska DUI / refusal charge down to a lesser offense?

Possibly.  Plea bargaining and charge reduction are two areas that any experienced Alaska DUI lawyer would discuss with the prosecutor on the client's behalf.  Often times your only option is to plead guilty to the charge or take your case to trial.

Will an Alaska DUI go on "my driving record?"

Yes.  A DUI conviction will go on your Alaska driving record and will stay on your record forever. 

Just how much jail / prison time will I have to do if I am convicted of an Alaska refusal or DUI charge?

The amount of incarceration (jail or prison) received will depend on a number of factors, including (but not limited to) the following:

•  your prior driving record especially your DUI and refusal history (including any DUI's outside of Alaska);

•  your level of intoxication / BAC;

•  whether there was an collision involved;

•  whether there was an injury to another person in the collision;

•  which Alaska district or municipal court your case is in;

•  what judge you are sentenced by;

•  whether there were passenger(s) / child(ren) in your car;

•  whether the sentencing judge feels you have accepted responsibility for your actions.

Refer to the table above for minimum jail sentences that the court must impose.

I am licensed to drive in a state other than Alaska and I was cited for a DUI in Alaska.  Will my driver license be revoked / suspended?

Alaska only has the authority to revoke your right to drive in the State of Alaska.  However, Alaska and 44 other states and the District of Columbia have adopted an agreement known as the "Driver License Compact."  Alaska will report an Alaska DUI conviction to the home state of the driver (assuming the home state has also adopted the Compact).  Your home state will then generally take action to revoke / suspend your license.

This also works in reverse.  If you are a Alaska licensed driver and you are convicted of a DUI / DWI / OUI charge in another state, Alaska will likely revoke your license if it learns of the conviction. 

Will I have to install a Breath Alcohol Ignition Interlock Device on my car?

A breath alcohol ignition interlock device is a breath alcohol measurement device that is connected to a motor vehicle ignition.  In order to start the motor vehicle, a driver must blow a breath sample into the device which then measures alcohol concentration.  If the alcohol concentration exceeds the startup set point on the interlock device, the motor vehicle will not start.

Effective January 1, 2009, you will likely have to install an ignition interlock device for a year for a first Alaska DUI / refusal offense; two years for a second Alaska DUI offense; and three years for a third Alaska DUI conviction. Talk to your lawyer about whether this requirement applies to your situation.

What will an Alaska DUI / refusal charge do to my insurability?

If your insurance company finds out about a Alaska DUI / refusal one of two things are likely to happen.  Either your Alaska insurer will raise your rates or you may be cancelled or non-renewed.  Your insurance company will learn of your DUI if you have to file an SR-22.

What is an SR-22 / Proof of Financial Responsibility?

An SR-22 is a form from an Alaska licensed insurance company certifying that you have purchased liability insurance that meets the minimum required coverage limits.  The SR-22 provides proof to the Alaska DMV that you are insured.  If you cancel your insurance or the insurance company cancels your policy before your suspension period is over, the company must notify DMV that the certificate is canceled. 

An SR-22 must be maintained for at least five years from the date you're eligible for reinstatement following an Alaska DUI or refusal conviction. 

What will a DUI / refusal conviction do to my ability to enter Canada?

Having a DUI or a refusal conviction generally makes you criminally inadmissible to Canada for at least 10 years.  On rare occasions, a person may be deemed rehabilitated when less than 10 years has elapsed since the conviction.  Consult Canada's Citizen and Immigration website to learn more. 

What happens if I was on probation for an offense when I got arrested for my Alaska DUI / refusal charge?

Committing a new crime while you're on probation for a previous offense creates two problems.  First, you face the new DUI charge.  Second, you face a probation violation hearing for failing to obey all laws (a standard condition of probation).  The most serious scenario is if you receive an Alaska DUI / refusal when you're already on probation for a DUI conviction.  Speak to a lawyer as soon as possible.

Are there special concerns for licensed pilots who get an Alaska DUI?

Yes.  The FAA has special reporting requirements for aviators facing certain Motor Vehicle Actions including Alaska DUI / refusal convictions and certain implied consent driver license revocations.  Learn more here.

I'm not a United States citizen.  Will an Alaska DUI / refusal conviction result in my removal from this country?

Probably not.  Typical, run of the mill Alaska DUI and refusal convictions are not considered crimes of moral turpitude or aggravated felonies resulting in removal.  It is important to consult an experienced immigration lawyer about your situation just as you should consult with an experienced criminal defense lawyer about your pending DUI charge. 

Keep these two points in mind.  First, it is vitally important to answer honestly all questions about prior arrests / convictions on immigration and Visa applications and forms.  Lying on these forms is often considered more serious than any DUI conviction.  Second, non-citizens must take extra care not to drive on a suspended or revoked license.

I missed my Alaska court appearance.  What do I do now?

Failing to appear (FTA) for court is to be avoided.  When you miss a court appearance, bad things follow.  At a minimum, the Alaska court typically issues a warrant for your arrest (known as a bench warrant).  Talk to an attorney as soon as possible.  Often, your only option is to turn yourself in on the outstanding warrant.  A new court date will then be scheduled.

If you live outside of Alaska and you're facing a misdemeanor DUI charge, you may be able to have a lawyer appear in your place for most court appearances assuming that you hire an attorney ahead of time.  This can be especially helpful if you're an out of state resident that received a DUI in Alaska.

Can I represent myself in court on my Alaska DUI, refusal, and / or other criminal charges?

Yes.  You have a constitutional right to represent yourself on any Alaska criminal charge no matter how serious including an Alaska DUI charge.  Keep in mind that Alaska DUI / refusal defense is a complex area of the law as shown by the information in this website.  If you cannot afford to hire your own attorney, you absolutely should apply for court appointed counsel to represent you.  You have no right to court appointed counsel at the administrative hearing related to the implied consent license proceeding.

Copyright 2010, 2009