First Offense OUI in Alaska

While some states have DUIs, in Alaska, the official term for describing impaired driving offenses is Operating Under the Influence (OUI). According to Alaska Statute § 28.35.030, OUI is the act of operating or being in physical control of a motor vehicle, watercraft, or aircraft while under the impairment of alcohol, inhalants, drugs, or a combination of these substances.

An Alaska OUI conviction carries significant legal, financial, and personal repercussions. Even a first-time offense may result in hefty fines and jail time, reflecting the state's dedication to public safety and intent on preventing repeat offenses.

What Qualifies as a First OUI in Alaska?

In Alaska, it is a crime to operate a motor vehicle, watercraft, or aircraft while having a Blood Alcohol Concentration (BAC) of 0.08% for non-commercial drivers aged 21 years or over. However, the limits for commercial drivers are lower (0.04% for drivers aged 21 years and above, and zero tolerance (0.00%) for those below 21 years).

Blood Alcohol Content is the alcohol percentage in 100 grams of blood or 210 litres of breath. Law enforcement officers in Alaska determine impairment using various tests, including:

• Field Sobriety Tests such as one-leg-stand, walk-and-Turn, and Horizontal Gaze Nystagmus (eye test)
• Breathalyzer tests
• Evidentiary chemical tests, including urine, breath, blood, and saliva tests.

Possible Penalties for a First Offense OUI in Alaska

A first-time OUI offense in Alaska is a Class A misdemeanor punishable by administrative and criminal penalties. The penalties for a first OUI violation in Alaska are as follows:

Administrative penalties

• A 90-day driving license suspension. Offenders may be eligible for a limited driving license after serving 30 days of the suspension if they:
  • Complete and submit the Misdemeanor Limited License Application for Limited License Application Form to doa.dmv.limited@alaska.gov
  • Pay the $100.00 application fee
  • Pass vision and general knowledge tests at their local DMV offices or the Alaska Division of Motor Vehicles online portal
  • Provide proof of enrollment or completion of the Alcohol Safety Action Program (ASAP)
  • Obtain SR-22 Insurance
  • Install Ignition Interlock Device (IID)
  • Ensure there are no holds on their driving licenses within and outside Alaska.

Note that commercial drivers are not eligible for limited licenses. Also, offenders seeking to operate employer-owned vehicles while under suspension without IIDs must obtain court permission.

Criminal Penalties

• A mandatory 72-hour jail time (this is also servable through electronic monitoring or house arrest if the court approves)
• A potential minimum fine of $1,500.00 in addition to court fees
• Mandatory installation of an IID on the offender's vehicles
• Completion of the State of Alaska Department of Health's Alcohol Safety Action Program (ASAP).

Do You Lose Your License for a First DUI in Alaska?

A first-time DUI offense in Alaska results in automatic license suspension. Upon arrest for OUI violation, the Alaska Division of Motor Vehicles (DMV) will impose an immediate 90-day administrative license suspension on the offender for failing a BAC test or refusing to take one. The suspension period may extend beyond 90 days if the violator is a repeat offender.

OUI violators have 7 days from the notice of revocation to contest the license suspension through administrative hearings with the DMV. The court may also impose additional license suspension if the offense results in a criminal conviction.

Notwithstanding, in Alaska, first-time OUI offenders may qualify for a limited or hardship license after serving 30 days of their 90-day suspensions if they install Ignition Interlock Devices on all vehicles they are operating, complete the state-approved alcohol safety action program (ASAP), file an SR-22 certificates for financial responsibility, and pay the $100.00 non-refundable application fees.

What Is the Implied Consent Law in Alaska and How Does It Affect First DUI Cases?

The Alaska Implied Consent Law stipulates that individuals operating motor vehicles within the state automatically agree to chemical testing, including blood, urine, breath, and saliva tests, if law enforcement has probable cause to believe there are OUI violations. Refusing to comply with Alaska's Implied Consent Law results in automatic license suspension for 90 days. During this period, the offender will not be eligible for a limited license, and the refusal may become evidence in court trials.

Nonetheless, OUI offenders in Alaska may contest their license suspension through administrative hearings by completing the Request for Administrative Hearing Forms and emailing them to the Alaska Division of Motor Vehicles (DMV) at doa.dmv.hearings@alaska.gov.

Is an Ignition Interlock Device Required for a First DUI Offense in Alaska?

Per Section 28-35-030 of Alaska Statutes, a first OUI offense requires mandatory installation of an Ignition Interlock Device (IID). However, this period may extend if the offender's Blood Alcohol Concentration is 0.16% or above, or there are aggravating factors such as the presence of child passengers or refusing a chemical test. In Alaska, the offender bears the cost of installation, monthly lease, calibration, monitoring, maintenance, and removal of the IID.

Can a First DUI Be Dismissed or Reduced in Alaska?

In Alaska, the dismissal or reduction of penalties for a first OUI violation depends on several factors. The court may reduce the sentence for a violation after a plea bargain. For instance, the court may impose a less strict penalty for wet reckless violation. However, this may depend on the offender's criminal history, the specifics of the OUI arrest, and the prosecutor's evidence. Additionally, prosecutors may offer a Deferred Prosecution Program option, whereby the offender completes an alcohol education or treatment program and pays applicable fines in exchange for dismissal of the charges.

Long-Term Consequences of a First OUI in Alaska

In Alaska, OUI violations may stay permanently on records and have serious legal, financial, and personal implications. Operating under the Influence violations are a criminal offense that may result in jail time and fines. Unless the courts seal these records, they remain accessible to employers and the public and may negatively influence job prospects and personal standing. For instance, an OUI conviction may influence an employer's decision on roles that require a clean driving record. Also, insurers may increase car insurance premiums or cancel policies due to OUI convictions.

Do You Need a DUI Attorney in Alaska?

Alaska does not legally require an attorney for an OUI violation. However, it is advisable to engage their services for OUI violations. OUI is a criminal offense with severe penalties, including hefty fines and potential prison time. An experienced Alaska-licensed OUI attorney well-versed in the state's traffic laws may be an invaluable asset during OUI trials. They may protect their clients' constitutional rights, challenge prosecutors' evidence (potentially leading to charge dismissal), and negotiate favorable plea bargains for lesser penalties.