When Your BAC is .08 Or Higher

Driving under the influence (DUI) and Operating under the influence (OUI) are both serious charges even if it is your first offense.

Implied Consent And The Law

In July of 2016 the United States Supreme Court made decisions about what constitutes an illegal search and/or seizure during a DUI stop. While the court found that obtaining a breath sample and a pat down both do fall under legal search and seizure they found that searching a vehicle and coerced or forced drawing and analysis of a blood sample are not constitutional without a proper warrant. This changes how DUI stops should be handled by police.

Implied consent means that a driver consents to giving an officer that which is lawful under the U.S. Constitution.

The laws regarding breath and blood collection are changing and this greatly affects the defense process. It is important to understand what is and what is not constitutional to collect and what you have the right to refuse to allow.

Because the evidence collected can be used against you and because the penalties for refusing to consent to these tests can result in a separate charge it is imperative that anyone who is charged with DUI or OUI immediately seek qualified legal representation.

Administrative Penalties And The DMV

In Alaska the penalties stemming from the Division of Motor Vehicles are known as Administrative. These penalties can include:

  • License revocation
  • Fees
  • Restricted license
  • Required Ignition Interlocking Device (IID)
  • Attending Alcohol Safety Action Program (ASAP)

The penalties for a second or third DUI are prison time that can run from one year to 10 years.

Drivers Under 21 With A BAC

Any driver under 21 who has a readable Blood Alcohol Content (BAC) — of any amount — when driving any vehicle, including boats and planes will face criminal penalties that can include jail time in addition to Administrative penalties.

Working with seasoned DUI/OUI attorney may enable you to take immediate steps to obtaining a limited license, to agreeing to assessment and treatment and getting your license back. But your first step is to contact a qualified attorney.

Joshua P. Fink has nearly two decades of Alaska courts experience. Don't waste another minute. Call our Anchorage office toll free at 800-657-1136 or 907-274-0493 or contact us online to schedule a free phone consultation with an experienced lawyer.