Alaska Statutes – Section 28.35.030
Type of DUID law: Under the influence
Section 28.35.030:
(a) A person commits the crime of driving while intoxicated if the person operates or drives a motor vehicle…
1. while under the influence of …any controlled substance
2. while the person is under the combined influence of intoxicating liquor and a controlled substance
Types of Drugs Prohibited: Any controlled substance
Required Proof:
1. The Defendant was operating or driving a motor vehicle in Alaska
2. At time of driving, the defendant was under the influence of a controlled substance or the combined influence of intoxicating liquor and a controlled substance
Possible Defenses Allowed by Statute: None
Implied Consent for Drugs: Yes, same as for alcohol, §AS 28.35.031(a)
Special Circumstances: Tests can be administered without consent – a driver shall submit to a test of blood or urine for a controlled substance if there are “reasonable grounds” to believe that the person was driving or operating a motor vehicle in this state that was involved in an accident causing death or serious physical injury to another person, (AS 28.35.031g, AS 28.35.035).
Arrest Required Prior to Test: Yes
Specimens to be Tested: Blood and urine
Sanctions for Refusal to Test:
Evidentiary: Refusal admitted into evidence
Criminal: [Sec.28.35.032 g(1)]
(A) not less than 72 consecutive hours imprisonment and a fine of not less than $1,500 if the person has not been previously convicted;
(B) not less than 20 days and a fine of not less than $3,000 if the person has been previously convicted once;
(C) not less than 60 days and a fine of not less than $4,000 if the person has been previously convicted twice and is not subject to punishment under (p) of this section;
(D) not less than 120 days and a fine of not less than $5,000 if the person has been previously convicted three times and is not subject to punishment under (p) of this section;
(E) not less than 240 days and a fine of not less than $6,000 if the person has been previously convicted four times and is not subject to punishment under (p) of this section;
(F) not less than 360 days and a fine of not less than $7,000 if the person has been previously convicted more than four times and is not subject to punishment under (p) of this section; 13
Administrative:
Mandatory 90 day Revocation for 1st refusal; not less than one year for 2nd refusal within 10 years; not less than 3 years for 3rd refusal within 10 years; not less than 5 years for 4th and subsequent refusals within 10 years. [AS 28.15.181]
Sanctions Following Conviction:
Criminal: Driving while under the influence of an alcoholic beverage, inhalant, or controlled substance is a class A misdemeanor, upon conviction, The court shall impose a minimum sentence of imprisonment of:
(A) not less than 72 consecutive hours and a fine of not less than $1,500 if the person has not been previously convicted;
(B) not less than 20 days and a fine of not less than $3,000 if the person has been previously convicted once;
(C) not less than 60 days and a fine of not less than $4,000 if the person has been previously convicted twice and is not subject to punishment under (n) of this section;
(D) not less than 120 days and a fine of not less than $5,000 if the person has been previously convicted three times and is not subject to punishment under (n) of this section;
(E) not less than 240 days and a fine of not less than $6,000 if the person has been previously convicted four times and is not subject to punishment under (n) of this section;
(F) not less than 360 days and a fine of not less than $7,000 if the person has been previously convicted more than four times and is not subject to punishment under (n) of this section;
Court-Ordered Other: Community Service mandatory 24 hours for 1st offense; mandatory 160 hours for 2nd offense; discretionary for subsequent offenses; Restitution may be ordered; Incarceration, EMS, Police, Fire Dept. costs may be assessed. If the court determines that the person has successfully completed a court-ordered treatment program, the court may suspend up to 75 percent of the mandatory minimum sentence required and up to 50 percent of the minimum fines required. The reductions in sentence and fines do not apply to a person who has already participated in a court-ordered treatment program two or more times.
Administrative: Not applicable to DUID
*Report prepared by the Emergency Medical Service.
