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Driving under the influence is a dangerous act that can lead to serious consequences. To curb risky behaviors and better catch DUI offenders, Alaska is one of many states that follows the “implied consent” law. In the guide below, find out what this term means for you as a driver.

What Is the Implied Consent Law?

This law states that if you drive, you automatically agree to take a chemical test if a police officer suspects a DUI. The only caveat is that the officer must have probable cause to believe you are impaired. For example, they must have observed your vehicle weaving dangerously or running a red light.

DUIIf you get pulled over, the officer may request you take a breathalyzer test to check the alcohol content in your blood. In this case, according to the law, you must agree to take the test. If the officer requests blood and urine tests to check for additional controlled substances in your system, the law states you may consent, however, barring an accident where injuries have occurred, law enforcement would have to acquire a search warrant for a blood or urine sample.

What Happens If You Refuse a Chemical Test After a Traffic Stop?

While the police can’t force you to take a test, refusing to do so could be a minor offense, misdemeanor, or felony that may be used against you in civil or criminal court. The penalties may be similar to those you may have been charged with if you’d taken the test and the results had been positive.

Your first conviction could result in a minumum of 3 days in jail, $1500 fine, 6 months of ignition interlock, 90 suspension of your operators license. You will also incur fees for the administrative costs of court and jail. If it’s your second DUI within 15 years, you may receive fines of up to $3,000, 20 days in jail, and a one-year license revocation, and 12 months ignition interlock device. A third offense is a felony and carries harsher penalties.

 

If you face DUI charges in Alaska, turn to the Law Office of Steven J. Priddle. Located in Anchorage, this law firm provides knowledgeable, experienced legal counsel for criminal law cases. Their clients are their top priority and they fight aggressively to protect their interests. Get an overview of their criminal law practice online, or call (907) 339-9572 to request a consultation.

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