Fred Slone. Premier DUI Defense lawyer.

DUI - THE FACTS
Drunk driving offenses are complex cases. Here are the basic facts concerning DUI/DWI in Alaska.

DUI, often referred to as DWI or Drunk Driving, is a crime in Alaska. It can either be a Misdemeanor or a Felony. Under current law, it is a felony if a person has two or more prior convictions for DUI or refusal to submit to a breath test within 10 years prior to arrest in the current case.

A person commits the crime of DUI in one of two ways: (1) driving while under the influence of alcohol or other chemical substances, or (2) driving with a blood or breath alcohol level of .08 or greater. "Under the influence" essentially means that a person's mental or physical abilities are impaired to such a degree that he is unable to drive his vehicle with the care and caution of a reasonable person.

MISDEMEANOR DUI
If the offense is charged as a misdemeanor, the maximum possible sentence is a fine of $5,000.00 and a 1 year jail term. Additionally, a sentence will include a revocation of driving privileges, a requirement to pay the costs of jail, and a requirement of alcohol counseling. In misdemeanor cases, there is also a minimum mandatory sentence. This means that if convicted, a judge must give at least the minimum mandatory sentence, but may impose a more harsh sentence up to the maximum of 1 year in jail and a $5,000.00 fine. The applicable minimum mandatory sentence depends upon whether the person has any prior convictions for DUI or refusal of the breath test in Alaska or any other state. The minimum mandatory sentences, as of April 2003 are as follows:

First Offense: Minimum sentence is 3 days jail, $1,500.00 fine, 90 day license revocation, cost of imprisonment of $270.00. If prosecuted by the Municipality of Anchorage, the minimum sentence requires impound of the person's interest in the vehicle for 30 days.

Second Offense: Minimum sentence is 20 days jail, $3,000.00 fine, 1 year license revocation, cost of imprisonment of $1,000.00. If prosecuted by the Municipality of Anchorage, the minimum sentence requires forfeiture of the person's interest in the vehicle.

Third Offense: Minimum sentence is 60 days jail, $4,000.00 fine, 3 year license revocation, cost of imprisonment $1,000.00, (and forfeiture under Anchorage Municipal laws).

Fourth Offense: Minimum sentence is 120 days jail, $5,000.00 fine, 5 year license revocation, cost of imprisonment $1,000.00, (and forfeiture under Anchorage Municipal laws).

Fifth Offense: Minimum sentence is 240 days jail, $6,000.00 fine, 5 year license revocation, cost of imprisonment $1,000.00, (and forfeiture under Anchorage Municipal laws).

FELONY DUI
The DUI or refusal will be charged as a felony if the person has two or more convictions for DUI or refusal in Alaska or any other state within 10 years prior to the date of the current arrest. The punishments for felonies are substantially more severe than for misdemeanors. Again, the punishment if convicted will depend on the person's prior criminal history record. There are mandatory minimum penalties for felony convictions, but the maximum sentence is not limited to 1 year of jail, as is the case with misdemeanors.

If convicted of a felony, the minimum sentence, if there are no prior felonies of any sort, is 120 days jail, $10,000.00 fine, and lifetime license revocation. If there are more than two prior convictions, the minimum sentence escalates. If the person has prior felony convictions of any sort, the presumptive sentencing schemes apply, and expected sentencing range is significantly higher.