Like many other states, Alaska has legalized the recreational use of marijuana. However, driving while impaired by marijuana or any other controlled substance is still illegal.
This article explains and defines the laws that apply to driving under the influence of drugs and lays out the penalties of a drugged driving conviction.
Alaska's DUI laws (also called "operating under the influence" or "OUI") prohibit driving or being in actual physical control of a vehicle while under the influence of inhalants or controlled substances. As physical control does not necessitate movement, an occupant in the driver's seat of a parked car could still face DUI charges.
Alaska doesn't have a per se impairment limit for the consumption of controlled substances (such as an ng/ml limit for consumed THC) like some other states. So, in order to get a DUI conviction for drugged driving, the prosecutor must prove the driver was incapable of safely driving.
In proving a DUI charge, prosecutors might use blood test results, expert testimony, and the observations of the arresting officers. Officers are trained to look for specific signs of impairment such as stumbling, unsteady eye movement, dry mouth, and slurred speech.
Drugged driving violations are limited to the use of controlled substances and inhalants. These are substances designated by the government that pose risks of abuse and dependence. The list includes marijuana and cocaine, but also many prescription drugs such as benzodiazepines. The fact that the driver had a valid prescription for the medication isn't a legally valid excuse for impaired driving.
The penalties for drugged driving are the same as those for drunk driving and are based on the number of prior DUI offenses within the last 15 years. The offender must also complete a substance abuse evaluation, which the court can consider in setting the penalties and deciding whether drug education classes, treatment, or other programs are appropriate for the offender.
|
Jail |
72 hours to 1 year house arrest |
20 days to 1 year |
60 days to 1 year |
|
Fines |
$1,500 to $25,000 |
$3,000 to $25,000 |
$4,000 to $25,000 |
|
License Suspension |
90 days |
1 year |
3 years |
|
6 months |
12 months |
18 months |
A restricted license is often available for a substantial portion of the license suspension period. However, even if the offense didn't involve alcohol, the restricted license will still require the installation of an IID.
If you've been arrested for driving under the influence, it's important to get legal assistance. An experienced DUI lawyer in your area can explain how the law applies to the facts of your case, let you know if there are any viable defenses, and help you decide on the best course of action.
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