Loading

Alaska Drugged Driving

In Alaska, a person is guilty of DUI if the person operates a motor vehicle while under the influence of an alcoholic beverage, intoxicating liquor, inhalant, or any controlled substance, singly or in combination. Alaska Stat. § 28.35.030(a)(1) (2010).

Implied Consent

In Alaska, a person suspected of driving while under the influence of alcohol has, by virtue of driving in the state, consented to provide a sample of breath, blood, or urine to police for testing in order to determine the amount of alcohol in his or her system. However, implied consent law does not require that an individual suspected of driving under the influence of marijuana or controlled substance submit to a chemical test in order to screen for the presence of drugs in his or her body. Ergo, in Alaska a chemical sample from an accused person should only be given on a voluntarily basis, and no penalties or sanctions apply for refusal to submit to chemical testing for drugs.

An exception applies if a motorist is involved in an accident that causes serious physical injury. In such a case, state can take blood sample to test for cannabis impairment. Id. § 28.35.031(g).

Penalties

  • First offense - fine of up to $1,500; incarceration for not less than 72 consecutive hours; 90-day license suspension; mandatory ignition interlock device. Alaska Stat. § 28.35.030(b)(1)(A) (2010).
  • Second offense - fine of up to $3,000; incarceration for not less than 20 days; 1-year license revocation; mandatory ignition interlock device. Id. § 28.35.030(b)(1)(B).
  • Third offense - fine of up to $4,000, incarceration for not less than 60 days; 3-year license revocation; mandatory ignition interlock device Id. § 28.35.030(b)(1)(C).
  • Third offense (w/i 10 years) felony - fine of up to $10,000; incarceration for not less than 120 days; lifetime license revocation. Id. § 28.35.030(n).
  • Fourth offense - fine of up to $10,000; incarceration of not less than 120 days; 5-year license revocation; mandatory ignition interlock for duration of probation period. Id. § 28.35.030(b)(1)(D).
  • Fourth offense (w/i 10 years) felony - minimum $10,000 fine; incarceration for not less than 240 days; lifetime license revocation. Id. § 28.35.030(n).
  • Fifth offense - imprisonment of not less than 360 days and a fine of not less than $7,000. Id. § 28.35.030(b)(1)(E).
  • Fifth offense (w/i 10 years) felony – minimum $10,000 fine; incarceration for a minimum of 1 year; lifetime license revocation. Id. § 28.35.030(n)

Other Penalties & Penalty Enhancers

  • Restitution for the cost of emergency medical services that respond to a DUI related accident. Id. § 28.35.030(m).
  • Offender will be responsible for costs associated potential required screening, evaluation, referral and program requirements of an alcohol safety action program, or another approved treatment facility. Id. §§ 28.35.030(h)-(i).
  • State may order the vehicle to be forfeited. Id. § 28.35.030(b)(3); Id. § 28.35.036.
  • State may order the person to take a drug or combination of drugs intended to prevent the consumption of alcoholic beverages. Id. § 28.35.030(b)(4).

Sobriety Checkpoints

Alaska does not have sobriety checkpoints.

Case Law

Ravin v. State, 537 P.2d 494 (1975). -- "Need for control of drivers under influence of marijuana and existing doubts as to safety of marijuana demonstrate a sufficient justification for statutory proscription of possession of marijuana; and thus an individual's right to possess or ingest marijuana while driving is subject to statute proscribing possession of marijuana."

Kameroff v. State, 926 P.2d 1174 (1996) -- Evidence of marijuana pipe found on defendant following traffic stop was not excluded from evidence. The court found it tended to show that defendant had recently smoked marijuana.






Shop at AmazonSmile