Free Microsoft Word - Pub 11 DWI Pamplet - Alaska

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D. U. I.
(Driving Under the Influence)

Administrative Office of the Alaska Court System
July 2004

PUB-11 STWD (7/04 rev`d) (green) DUI

INTRODUCTION
This pamphlet summarizes the penalties for violating several Alaska statutes relating to the operation of motor vehicles and commercial motor vehicles while under the influence of an alcoholic beverage, inhalant, or controlled substance. It is not a complete statement of the law and is not binding legal authority. An attorney should be consulted for comprehensive legal advice. The following Alaska statutes are discussed: Operating a vehicle, aircraft, AS 28.35.030 DUI or watercraft while under the influence DUI-CMV Refusal Refusal ­ CMV DWLR DWLR ­ Commercial Operating a commercial motor vehicle while under the influence Refusal to submit to a chemical test Refusal to submit to a chemical test (commercial vehicle) Driving while license revoked, suspended, or limited Driving commercial vehicle while license revoked, suspended, limited, or disqualified. AS 28.33.030 AS 28.35.032 AS 28.33.031 AS 28.15.291 AS 28.33.150

PENALTIES: DUI, REFUSAL, DUI-CMV
For every DUI, DUI-CMV, or Refusal conviction, the court will impose a combination of mandatory and discretionary penalties. The jail sentence, the fine, the period of license revocation, and the cost of imprisonment all increase according to the number of prior convictions. A MISDEMEANOR SENTENCE MUST INCLUDE: · A jail sentence ranging from a mandatory minimum of 72 hours (for a first offense) to a mandatory minimum of 360 days (for a sixth or subsequent non-felony offense); · A fine ranging from a mandatory minimum of $1,500 (first offense) to a mandatory minimum of $7,000 (sixth or subsequent offense); · Revocation of the driver's license or privilege to obtain a license for 90 days or more (unless the offense occurred in a watercraft) (for some offenses, a limited license may be available during part of the revocation if certain criteria are met); · Disqualification (prohibition from operating a commercial vehicle, no limited license allowed) if the offense was committed in a commercial vehicle; · An order to pay the cost of imprisonment; · An order to submit to drug and alcohol evaluation and complete any treatment program required by the evaluating agency; · Surcharges totaling $1251; · An order to pay the cost of emergency response services if any were required following a motor vehicle accident related to the offense. A MISDEMEANOR SENTENCE MAY INCLUDE: · An order to pay for damage caused as a result of the offense; · An order to complete an approved driver improvement course; · An order to perform community work service; · A term of probation and a requirement to comply with probation conditions; · An order to forfeit the vehicle, aircraft, or watercraft · An order to take a prescription medication that discourages the consumption of alcohol. A third or subsequent DUI or Refusal may be a felony. A felony conviction will result in a higher mandatory minimum jail sentence, fine, and higher surcharges. A driver convicted of a felony DUI or Refusal will lose the vehicle, aircraft, or watercraft to forfeiture, and may be ordered to take a prescription medication that discourages the consumption of alcohol. Fines double when offenses are committed in a highway work zone (AS 28.40.070).
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(Note: Some municipalities and cities prosecute similar charges under local ordinances. Although municipal penalties are generally very similar to state penalties, this publication does not discuss municipal penalties.)

DUI and Refusal charges may be either misdemeanors or felonies, depending on the defendant's prior record. For a defendant with no prior convictions, first and second offenses are misdemeanors, charged by complaint and tried before a sixperson jury in district court. For a defendant with two or more prior convictions for DUI, Refusal or DUI-CMV (in any combination, within ten years and since 1996) a third DUI or Refusal is a felony, charged by grand jury indictment and tried in superior court by a jury of twelve. (DUI-CMV may only be charged as a misdemeanor.) DUI, Refusal, and DUI-CMV have mandatory minimum penalties that increase according to the number of times the defendant has been convicted of DUI, Refusal, or DUI-CMV. Convictions from other jurisdictions may be counted as prior convictions for sentencing under Alaska state law.
(Note: If a defendant was previously convicted of both DUI and Refusal as a result of a single incident, these are counted as a single conviction when determining the number of prior convictions.)

An additional surcharge of $100 may be imposed if the defendant's probation is revoked.

MANDATORY PENALTIES
FIRST OFFENSE Minimum jail time: Minimum fine: Cost of imprisonment: License revocation: Surcharges: SECOND OFFENSE Minimum jail time: Minimum fine: Cost of imprisonment: License revocation: Surcharges: THIRD OFFENSE Minimum jail time: Minimum fine: Cost of imprisonment: License revocation: Surcharges: FOURTH OFFENSE Minimum jail time: Minimum fine: Cost of imprisonment: License revocation: Surcharges: FIFTH OFFENSE Minimum jail time: Minimum fine: Cost of imprisonment: License revocation: Surcharges: SIXTH OFFENSE Minimum jail time: Minimum fine: Cost of imprisonment: License revocation: Surcharges: * Misdemeanor 72 consecutive hours $1,500 $270* 90 days $125** Misdemeanor 20 days $3,000 $1,000* 1 year $125** Misdemeanor 60 days $4,000 $1,000* 3 years $125** Misdemeanor 120 days $5,000 $1,000* 5 years $125** Misdemeanor 240 days $6,000 $1,000* 5 years $125** Misdemeanor 360 days $7,000 $1,000* 5 years $125** Felony*** 120 days $10,000 N/A life $200** Felony*** 240 days $10,000 N/A life $200** Felony*** 360 days $10,000 N/A Life $200** Felony*** 360 days $10,000 N/A Life $200**

ADMINISTRATIVE REVOCATION OF LICENSE

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. A booklet entitled Appellant Instructions for an Appeal to the Superior Court from an Administrative Revocation of Driver's License under Alaska Statute 28.15.165 (PUB AP-220) is available from the court. DMV forms and other useful information are available on the DMV website (http://www.state.ak.us/local/akpages/ADMIN/dmv/forms/forms.htm.)

This amount is subject to change by regulation. ** An additional surcharge of $100 may be imposed if the defendant's probations is revoked. *** Third or subsequent DUI or Refusal convictions may be misdemeanors or felonies, depending on when the prior offenses occurred.

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 surety bond). If DMV grants a limited license, the driver may submit the same limited license application form to the court.

COMMERCIAL DUI (DUI-CMV)
DUI-CMV is committed when a defendant who is under the influence of alcohol, inhalant, or any controlled substance operates a commercial motor vehicle, or when a defendant who has a blood alcohol level of 0.04% or greater operates a commercial motor vehicle. "Commercial motor vehicle" is defined in AS 28.40.100. A defendant who operates a commercial motor vehicle under the influence of alcohol, inhalants, or drugs may also be charged with non-commercial DUI and Refusal in connection with the same incident. A DUI-CMV conviction will result in penalties identical to DUI plus disqualification from driving a commercial motor vehicle for one year (first offense) or for life (subsequent offenses). Disqualification is also required when non-commercial DUI and Refusal offenses are committed in commercial vehicles, and for other offenses (e.g. leaving the scene, failing to file an accident report, felonies facilitated by the use of a commercial vehicle, driving in violation of out of service orders, and serious traffic violations ­ see AS 28.33.140).

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. Form CR-740, which describes these requirements, is available from the clerk of court. A driver who was granted a limited license must also apply for a new license. A person whose license has been revoked for life following a felony DUI or refusal conviction may petition the DMV for a new license after a period of 10 years.

PENALTIES : DRIVING WHILE LICENSE REVOKED OR SUSPENDED, OR IN VIOLATION OF A LIMITED LICENSE
Driving during a period of license revocation or suspension or in violation of a limited license (DWLR/S) is a Class A misdemeanor with a maximum penalty of up to one year in jail and a $10,000 fine. If the defendant was driving during a revocation or suspension following a conviction for reckless driving, making false statements, failure to stop following injury accident, etc. , or a points suspension (not for DUI or Refusal) The minimum penalties are

PENALTIES : DRIVING COMMERCIAL VEHICLE WHILE LICENSE REVOKED, WHILE IN VIOLATION OF A LIMITED LICENSE, OR WHILE DISQUALIFIED

First offense · 10 days in jail (may suspend 10) · mandatory probation condition: 80 hours community work service. · additional 90 day license revocation Subsequent offenses · 10 days in jail · additional 90 day license revocation
· 20 days in jail (may suspend 10) · $500 fine · mandatory probation condition: 80 hours community work service · additional 90 day license revocation

Driving a commercial motor vehicle during a period of license revocation, driving in violation of a limited license, and driving during a period of disqualification (see AS 28.33.150) are Class A misdemeanors with a maximum penalty of up to one year in jail and a $10,000 fine. The court must impose the following minimum penalties upon conviction: If defendant has not been · 20 days in jail (10 previously convicted of driving a suspended) commercial motor vehicle without · 80 hours community being lawfully licensed, driving work service while license revoked/suspended, · additional 90 day license or driving in violation of a limited revocation license If defendant has been convicted during the preceding 10 years of driving a commercial motor vehicle without being lawfully licensed, driving while license revoked/suspended, or driving in violation of a limited license
· · ·

60 days in jail $1,000 fine additional 90 day license revocation

a first DUI or Refusal conviction

a second or subsequent DUI or Refusal conviction

· 30 days in jail · $1,000 Fine · additional 90 day license revocation

If a defendant is convicted of driving during a period of license revocation, DMV will suspend the registration of every vehicle registered in that defendant's name until the defendant provides proof of financial responsibility for each vehicle.

OTHER CONSEQUENCES

It is not possible for the court to advise defendants about all the consequences that a conviction for DUI, DUI-CMV, or Refusal may have outside the court proceeding. Common consequences may include: · Federal Aviation Administration regulations require all FAA licensed pilots to report "motor vehicle actions" to the FAA within 60 days. Motor vehicle actions such as DUI convictions and license revocations may be the basis for suspension or revocation of a pilot's license. · Three convictions for DUI, DUI-CMV, or Refusal within a fiveyear period may cause DMV to classify a driver as a "habitual user of alcohol" and refuse to license the driver, even after the revocation period has ended, until the driver provides proof that the drinking problem has been under control for one year. · Motor vehicle insurance rates may increase. · Information about convictions may be requested by employers or on job applications. · Convictions may affect a defendant's ability to obtain or renew a pilot's license, a seaman's license, or another occupational license. · Convictions may affect eligibility for military service or U.S. citizenship. · Convictions may prevent entry into Canada or other foreign countries.