You are DWI in Alaska if your blood alcohol content (BAC) is .08% or higher.

DWI First Offender Penalties

Jail
Not less than 72 consecutive hours nor more than one year in jail. The average is three days, for which you are charged $270 in costs.

Community Service
Community Service is mandatory for 1st offenders (24 hours).

Fines/Fees
Not less than $250 nor more than $5,000 fine. $1500 is average.

The Real Cost
The State of Alaska estimates the real total costs of an average first offense to be about $22,740.

License Suspension
Mandatory revocation of driving privileges for not less than 90 days. License Reinstatement Fee: $200.

The statutes require that defendants whose licenses are revoked by the court face additional administrative license revocation by the Division of Motor Vehicles (DMV).

The court revocation may be concurrent with (at the same time as) or consecutive to (in addition to) the DMV revocation. If a driver fails a chemical test (has a test result of 0.08% or greater) or refuses to take a chemical test, the law enforcement officer will seize the driver’s license and give the driver a “Notice and Order of Revocation.”

That notice informs the driver that the driver’s license or privilege to drive will be revoked by DMV on the eighth day following the arrest.

The notice serves as a temporary license for seven days and describes how to request an administrative review of the revocation.

A request for an administrative review must be made in writing within seven days after the driver receives the notice.

The driver may write a letter or use a form obtainable from DMV. The request for a hearing should be mailed or delivered to DMV at Department of Administration, Anchorage Driver’s Licensing, 1300 W. Benson Boulevard, Suite 100, Anchorage, AK 99503-3689.

When a request is received, DMV will issue a temporary license, which is valid until the date of the administrative hearing. If the driver is dissatisfied with the result of the DMV hearing, the driver may file an appeal with the court.

LIMITED LICENSE PRIVILEGES

The court may grant limited license privileges to allow a DUI defendant to drive in order to earn a livelihood if the court determines that the driver may drive without excessive risk to the public.

The availability and terms of a limited license will vary depending on the driver’s criminal, driving and treatment history. If the defendant’s license was also suspended by DMV, the defendant must also obtain a limited license from DMV.

A request for a limited license from DMV may be made by paying a nonrefundable $100 fee and completing an application form available at DMV offices.

The form requires a certification of employment and, in many cases, a certification of good standing with an alcohol counseling agency.

The applicant will also be required to provide proof of future financial responsibility (either a Certificate of Insurance or a $125,000 suretybond).

If DMV grants a limited license, the driver may submit the same limited license application form to the court. REINSTATEMENT OF A DRIVER’S LICENSE At the end of any period of revocation, a driver must apply for a new license at DMV.

The original license that was surrendered will not be returned. Before a new license will be issued, the driver must meet DMV requirements.

Conditional Licensing
At the court's discretion, you may be allowed a limited occupational license following a 30-day minimum revocation provided that you are participating in an education or treatment program (which you must complete).

Test Refusal
If you refuse to take a chemical test of your breath after being arrested for DWI, your driver's license, privilege to drive or your privilege to obtain a license will be revoked by the Division of Motor Vehicles. This revocation will occur even when the criminal charge of DWI or Refusal is dismissed, or you are found not guilty in court. The revocation for Refusal is for 90 days if you have not previously been convicted of DWI or Refusal to take the breath test.

Education/ Treatment
All offenders are required to attend education or treatment as recommended by an alcohol assessment. First offenders must attend 8 to 15 hours of classroom instruction at a cost of $20 to $150. An alcohol assessment will determine the extent of treatment, if any. In Alaska offenders failing to comply with the terms of their program are not eligible for license reinstatement and shall be subject to revocation of probation and incarceration.

Under 21

Under 21 you are subject to the same laws and penalties as adults (see above).

Insurance

Your insurance rates will probably climb considerably, and your insurance carrier may drop you. The rates for family members and sometimes your employer can increase as well. Required SR22 Insurance alone comes to $2,000 per year for 5 years.

More Serious Charges

You may be charged with felony DWI (possibly leading to much greater penalties) if you are involved in a crash involving serious injury or death.