Implied Consent Laws
Laws call for drivers suspected of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Denial carries penalties that can include compulsory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In Alaska, any driver with a blood-alcohol concentration - or BAC - above .08 percent is deemed “per se intoxicated” under the law. Under this statute, this substantiation is all that is necessary for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” centre on drivers not of legal drinking age. In Alaska, persons under the age of 21 operating a motor vehicle with a .02 percent blood-alcohol level or above are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more strict punishment for those convicted of DUI with a predominantly high blood-alcohol content at the point in time of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilised in Alaska.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties forced on drivers with a blood-alcohol concentration above Alaska’s maximum permissible level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning temporary or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Alaska, for the former DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The consequence of vehicle confiscation for DUI conviction – either lastingly or temporarily - is a opportunity in some states, typically for repeat offenders. This is not a penalty option in Alaska.
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Ignition Interlock
An ignition interlock device attaches to the convicted DUI offender’s car and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an option in Alaska.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol tutoring and prevention program, treatment for alcohol abuse, and assessment of a person for possible alcohol or drug dependence can be required for DUI offenders in Alaska. These steps are often suggested instead of serving a sentence of incarceration or paying fines.
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