DUI Reference Guide

Alaska DWI Laws

Anyone who drives while under the influence of intoxicants in Alaska faces a possible DWI (driving while intoxicated) arrest.    Drivers can be arrested for a DWI if their driving abilities are in some way impaired or if they have a blood alcohol content of 0.08% or more. Those arrested for a DWI will be tried in a criminal case for committing a DWI.  They will also have their license revoked by the department of Motor Vehicles in Alaska. 

Whenever an individual who is arrested for a DWI refuses to take a chemical test, they face license suspension. The same is true for those who have a blood alcohol content that exceeds the legal limit.  In an attempt to retain driving rights, a person can request a hearing with the department of motor vehicles.  This must occur inside of seven days after the charge is filed.  Someone could be sentenced to a license suspension and later be proven innocent of a DWI.  Even so, the refusal to take a chemical test alone can result in a temporary revocation of a driver’s license.

First time DWI offenders will have their licensed suspended by the Division of Motor Vehicles for 90 days unless they had refused to take a chemical test.  Second time offenders or those who refuse testing will lose their license for an entire year.  Third time offenders will have their license revoked for three years.  The license suspension period is five years for those with four offenses. 

Anytime an individual is arrested on the suspicion of DWI and charged under the impairment category rather than due to illegal blood alcohol content, the court will need to establish a case proving the likelihood that a person was driving under the influence.  Testimony from arresting police officers can be used.  They can provide details of the appearance of the driver when they were pulled over.  For example, they might note that the driver was disheveled and had blood shot eyes.  Individuals may have smelled of alcohol especially on their breath.  The manner of a person’s driving can also be introduced as possible evidence that they were intoxicated at the time of driving.

The criminal aspect of a DWI conviction will result in several possible penalties.  A person will be ordered to pay fines.  They can also find themselves spending time in jail.  People who are convicted of a DWI can also be mandated to attend DWI education classes.  Individuals could also be required to attend treatment if they are found to have an alcohol or drug problem.  Driver’s can be mandated to place an ignition interlock system on their vehicle after their license suspension ends. 

Those convicted of a DWI three or more times can be charged with a felony.  The same is also true if the person was involved in an automobile accident that harmed other individuals if they were intoxicated at the time of their driving.  Anyone convicted of a DWI can face stricter penalties if they have prior DWI convictions.  Unless the person’s DWI has been established as a felony people usually will pay up to but not exceeding $5000 in fines and cannot be sentenced to more than 1 year in prison.  The length of jail time and amount of fines can depend upon prior offenses as well as how well a DWI lawyers handles a person’s case.

There are a few other penalties that can result from a DWI arrest.  After an individual’s license suspension, they will owe fees in order to receive their driving rights once again.  They may even be required to take a special test before having their license reinstated.  Car insurance premiums typically increase for anyone who has been arrested for a DWI as well. 

Anyone convicted of a DWI should consult with a lawyer.  A lawyer can help a person try to fight against their license suspension as well as attempt to receive a not guilty verdict in the court case.  There are a few different angles a lawyer can take in defending a client.  They can work to establish that a person was not impaired while driving for those cases that are based on appearance and driving patterns rather than blood alcohol content.  A skilled lawyer can work with the testimony of a police officer in an attempt to provide doubt as to whether or not their observations prove that a person was impaired and intoxicated.

For those who are arrested based on blood alcohol content, a lawyer can work to create doubt as to the validity of the test.  Blood alcohol content levels can change over time.  The levels could exceed the legal limit after a length of time.  This can sometimes mean that although a person tests over a legal limit, they may not have had illegal levels at the time of driving.

It is essential to consult with a lawyer who specializes in DWI cases.  They are best able to help those arrested create a case for their defense.