Second Offense DUI in Alaska

Under Alaska's laws, a person commits the offense of operating a vehicle while intoxicated (DUI) if his or her blood alcohol content (BAC) is .08 percent or more, determined by a chemical test taken within four hours of the offense. The violations extend to aircraft and watercraft, and prohibit not only alcohol intoxication but the influence of inhalants or controlled substances. A DUI in Alaska is a Class A misdemeanor for a first offense. For a second offense, the crime is also classified as a Class A misdemeanor, but the penalties are enhanced.

Administrative Penalties

Upon a second conviction for driving under the influence occurring within 10 years of a prior conviction, the court may immediately revoke the offender's license, privilege to drive or privilege to obtain a license, and may not grant limited license privileges for no less than one year. If the vehicle involved was a motor vehicle, commercial motor vehicle or aircraft, the minimum period of revocation for a second conviction is also a minimum of one year. This revocation may run concurrent with or consecutive to an administrative revocation pursuant to an immediate roadside revocation by an arresting officer or a revocation for the driver's refusal to submit to chemical testing.

Upon a second offense involving alcohol, an ignition interlock device is required to be installed for 12 months.

The court, without a jury, may also order a forfeiture of any motor vehicle, water vehicle or aircraft if the court determines that the forfeiture will prevent future offenses or is for the protection of the public's safety and welfare.

Criminal Penalties

A second DUI conviction in Alaska incurs a minimum prison sentence of no less than 20 days and a minimum fine of $3,000. The court may also require the offender be assessed for drug or alcohol abuse, as well as participate in and successfully complete a drug treatment program. The court may not suspend a sentence or grant probation unless the defendant serves the minimum imprisonment term and pays the minimum required fine. Additionally, the court may order an incarcerated defendant, or as a condition of probation or probation, to take a drug or combination of drugs to prevent the consumption of an alcoholic beverage.

Cost of imprisonment must be reimbursed by the defendant. In the case of a second conviction, the defendant must reimburse the state $1,467 (this figure is as of 2010, and is subject to increase). The defendant must also pay any additional surcharges.

Failure to satisfy any drug treatment program may result in the court imposing all or part of the remaining portion of a suspended sentence.

Lookback Period

According to AS 28.35.030(t)(4), "previously convicted" means "having been convicted in this or another jurisdiction within the 15 years preceding the date of the present offense of any of the following offenses" that include violating a similar law providing a lower BAC, refusing to submit to a chemical test, or operating a commercial motor vehicle in violation of this section or another law with similar elements.

Felony vs. Misdemeanor in Alaska

Although a second DUI offense in Alaska is classified as a misdemeanor, a person is guilty of a Class C felony after two or more convictions within 10 years of the current offense. Penalties for a Class C felony in this case include a fine of not less than $10,000 and imprisonment of at least 120 days for two prior convictions. The court may permanently revoke the person's license. However, a license may be restored after a revocation period of 10 years, if the person has not been convicted of any other criminal offense and if the person can provide proof of financial responsibility.

Plea Options

A defendant may raise consumption of alcohol as a defense if the consumption occurred after operation of the motor vehicle but during the statutory four hours before testing. The defendant may also plead not guilty after rebutting the results of the test or questioning the circumstances surrounding the arrest. Note however, that upon a guilty plea or conviction, the court requires the execution of the minimum sentencing before considering any offers of probation or parole.

Talk with an Attorney

If you face a second DUI charge in Alaska, you risk at least 20 days in prison as well as a minimum fine of $3,000. Penalties increase for subsequent offenses. Talk with an experienced attorney to discuss possible plea options and defend against prosecution.