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When a person is arrested
for a DWI in Alaska, it results in two seperate cases.
First, there is the criminal case, which may
result in jail time, fines, substance abuse
programs, and possibly an ignition interlock
device. Second, there is the drivers license
case. This case arises when a driver arrested
for a DWI and has a blood alcohol content
(BAC) of .08% or more, or who refused to take
a chemical test following arrest. It can result
in your drivers license being taken away.
There are two DUI/DWI theories that
a person can be prosecuted under. First, the
charges can be brought against someone who
is “driving while impaired.” Impairment
can be proven with evidence such as the defendant's driving pattern,
field sobriety test performance, chemical
test results and the arresting officer's testimony.
Second, a DUI prosecution in Alaska can be brought under Alaska’s per se law, which
makes it illegal to drive with a blood alcohol
level (BAC) of .08% or higher irrespective of the defendant's ability to safely drive a vehicle. A charge of
this type is based only on body chemistry and
can be brought regardless of whether or not
a person’s ability to drive a vehicle
is impaired by alcohol.
Generally, Alaska DWI convictions are misdemeanors,
although if it is a third offense or more,
it may be treated as a felony. If the conviction
is a misdemeanor, the punishment can include
fines, jail time, and community service.
As mentioned above, the Alaska Department of
Motor Vehicles may revoke driving privileges
as a penalty for any driver who was arrested
for a DWI and then refused to take a breath
test, or who takes a breath test and the result
is a BAC of .08 or higher. The administrative revocation can take place even if the defendant is acquitted of the criminal charge or the criminal charge is eventially dismissed. It is important that
a driver contests this revocation by requesting
an Administrative Hearing within seven days
of your arrest. Failure to request a hearing
will result in an automatic revocation of driving
privileges.
The length of the revocation period depends
on whether the driver has any other DWI convictions.
If there are no prior convictions for DWI or
for refusal, the revocation period is 90 days.
A limited license for work purposes is sometimes
possible for the remaining 60 days if the reason
for the revocation was a breath test result
of .08 or higher. |
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