Alaska

alaska stateAlaska State Law

Alaska has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.

Administrative License Revocation (ALR) Procedures
Alaska Division of Motor Vehicles
Alaska is one of 42 states that has implemented ALR. This means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device (IID), and alcohol and drug rehabilitation.

You will be given a 7 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 8th day for 3 months, although first time offenders can request a work permit after 30 days. After the suspension period, you will be required to get an IID.

Remember that this is a separate case than the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures
In Alaska, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher. The devices are required for a time as specified by the courts.

License Revocation, Fines and Jail

  • First Offense – Class A Misdemeanor: Minimum $1,500 in fines, minimum 72 hours in jail, 90-day license revocation, referral to alcohol treatment and rehabilitation. You may be eligible to reduce the revocation time to 30 days if you have an interlock device installed. For a BAC of .16 or higher an ignition interlock is required for a minimum of 6 months after the suspension period (including the limited license period). You may be prohibited from purchasing alcohol.
  • Second Offense – Class A Misdemeanor: Minimum 20 days in jail, minimum $3,000 in fines, 1 year license revocation, referral to alcohol treatment and rehabilitation. You may be eligible to reduce the revocation time to 90 days if you have an interlock device installed. You may be prohibited from purchasing alcohol.
  • Third Offense – Class A Misdemeanor or Felony (if within 10 years): Minimum 60 days in jail, minimum $4,000 in fines, 3-year license revocation, referral to alcohol treatment and rehabilitation. You may be eligible to reduce the revocation time to 90 days if you have an interlock device installed. You may be prohibited from purchasing alcohol. If within 10 years: minimum 120 days in jail, a minimum of $10,000 in fines, permanent license revocation (can apply for restoration after 10 years), vehicle forfeiture in addition to other penalties.
  • Fourth Offense – Class A Misdemeanor or Felony (if within 10 years): Minimum 120 days in jail, minimum $5,000 in fines, 5 year license revocation, referral to alcohol treatment and rehabilitation. You may be eligible to reduce the revocation time to 90 days if you have an interlock device installed. If within 10 years: minimum 240 days in jail, minimum $10,000 in fines, permanent license revocation (can apply for restoration after 10 years), vehicle forfeiture in addition to other penalties.
  • Fifth Offense – Class A Misdemeanor or Felony (if within 10 years): Minimum 240 days in jail, minimum $6,000 in fines, 5 year license revocation, referral to alcohol treatment and rehabilitation. You may be eligible to reduce the revocation time to 90 days if you have an interlock device installed. If within 10 years: minimum 360 days in jail, minimum $10,000 in fines, permanent license revocation (can apply for restoration after 10 years), vehicle forfeiture in addition to other penalties.
  • Sixth Offense – Class A Misdemeanor or Felony (if within 10 years): Minimum 360 days in jail, minimum $7,000 in fines, 5 year license revocation, referral to alcohol treatment and rehabilitation. You may be eligible to reduce the revocation time to 90 days if you have an interlock device installed. If within 10 years: minimum 360 days in jail, minimum $10,000 in fines, permanent license revocation (can apply for restoration after 10 years), vehicle forfeiture in addition to other penalties.

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