Alaska drunk driving laws are becoming stricter all the time, and drivers arrested on suspicion of DWI face fines, driver’s license suspensions, and even jail time. Because the penalties are so severe, it’s imperative to have a criminal defense attorney who focuses on drunk driving cases fighting for the driver’s rights. A skilled attorney will aggressively defend the charges and work to keep negative consequences to a minimum.

Alaska DWI arrests trigger two separate cases, and each of these cases must be defended following a drunk driving arrest. First, there is the court case, which can result in punishment that includes jail time, fines, mandatory DWI educational programs, ignition interlock devices, and more.

Additionally, every driver arrested for DWI in Alaska who has a blood alcohol content (BAC) of .08 percent or greater, or who refuses to take a chemical test following an arrest for driving under the influence, will face a Division of Motor Vehicles (DMV) case that may result in the loss of the driver’s license.

Although both the DMV case and the court case require expert legal help, the DMV case is far more time sensitive. Drivers arrested for DUI / DWI in Alaska have only seven from the date of arrest to request a DMV hearing. If the driver loses the hearing or doesn’t request one, his or her license will automatically be suspended.

Alaska DWI cases are prosecuted under one of two theories – either violation of Alaska’s "per se" law, which is another way of saying that the driver’s blood or breath alcohol content was .08 percent or greater, or driving while impaired.

Prosecutors use circumstantial evidence, including driving patterns, field sobriety test performance, and chemical test results, to prove impairment. A skilled DWI defense lawyer can aggressively challenge each category of evidence in an Alaska drunk driving case.

Alaska DWI convictions are generally filed as misdemeanors unless it is the driver’s third or greater offense or there was an accident or injury. Punishment for Alaska DWI includes fines, jail time, and community service. Electronic monitoring may be substituted for jail time in some cases.

The Alaska Division Of Motor Vehicles (DMV) will revoke a motorist’s driving privileges as an administrative penalty for any driver who refuses to take a chemical test or who has a BAC of .08 percent or greater. The only way to possibly avoid this administrative revocation is to contest the revocation by requesting an Administrative Review/Hearing within seven days of arrest.

The DMV’s action is completely separate from the criminal case that stems from an Alaska DWI arrest. A motorist can lose his or her driving privileges after an unsuccessful DMV hearing even if found not guilty in criminal court.

The period of the revocation varies depending on how many times the driver has been convicted of DWI in the past. If the driver has no prior convictions for DWI or refusal, the revocation period is 90 days. There may be a possibility of obtaining a limited license for work purposes only during the last 60 days if the revocation is for a breath test result of .08 or greater, but not for a refusal.

A driver with one prior DWI conviction will lose his or license for one year, with no opportunity for a limited work permit. A driver with two prior convictions will lose his or her license for three years years, with no opportunity for a limited work permit.

For a third conviction, the driver will lose his or her license for five years, with no opportunity for a limited work permit.

Drivers whose licenses are revoked by the DMV after a drunk driving arrest will be required to pay a fee at the end of the revocation period to get the license reinstated. The driver will also be required to show proof of insurance for a period of three years after the revocation period ends. This usually involves increased insurance premiums.

Every driver arrested for DWI in Alaska is given a "Notice And Order Of Revocation" that is effective on the date of arrest. The driver then has seven days to request a hearing and may prevent the DMV from revoking the license. If the driver does not request a hearing within seven days, the license revocation will go into effect the following day, by default, and the driver will not have an opportunity to contest the revocation.

DMV administrative hearings can be critical to the client's case. They allow defense attorneys an opportunity to cross-examine the officers involved in the arrest and investigation, so that important issues can be reviewed before the criminal DWI case is resolved. The sworn testimony of the officers is recorded, and can be very important in helping to resolve or win the criminal drunk driving case. The officer’s testimony can be impeached at trial if it differs from the testimony given at the DMV hearing.

There is another advantage to requesting an administrative review/hearing – the driver will be granted temporary driving privileges by the DMV at least until the date of the hearing. DMV hearings are typically scheduled about a month after a request is made, although it may be continued at the request of an attorney.

Drunk driving defense is complex and technical, and requires an expert attorney. The top attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com have the skill and experience needed to defend an Alaska DWI arrest anywhere in the state