Drunk Driving Is A Crime
Definition Of Drunk Driving Under Alaska Law
A person commits the crime of DUI in one of two ways:
- driving while under the influence of alcohol or other chemical substances, or
- driving with a blood or breath alcohol level of .08 or greater.
Definition Of Under The Influence
"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.
Mandatory Minimum Sentences
Under Alaska laws, both Felony DUI and Misdemeanor DUI have mandatory minimum sentencing requirements, which means that a court may not order a lesser punishment that proscribed by law. In all cases, a court may (and does) impose sentences that are much harsher than the mandatory minimums.
See also: Drunk Driving Penalties in Alaska
Time Is Of The Essence
In drunk driving cases, time is of the utmost importance. If your case involves evidence that was obtained by illegal search, motions must be filed with the court in a timely manner to achieve getting evidence suppressed. Illegal searches and seizures (arrests are seizures) are not uncommon defenses. Police do obtain test results illegally and improperly administer sobriety tests. There are many other considerations that must be addressed early on in the trial to protect your rights.
Felony Vs. Misdemeanor Dui Charges
Under Alaska laws, a drunk driving offense (driving while intoxicated or refusing to submit to a test) can be charged as a felony offense or a misdemeanor offense, depending on the number of prior convictions.