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Alaska DUI Laws

The elements of a DUI conviction are (1) driving or operating a motor vehicle while under the influence of an intoxicating liquor (2) driving or operating a motor vehicle while under the influence of a controlled substance, (3) driving or operating a motor vehicle within four hours thereafter having a BAC of 0.08% or greater and (4) driving under the combined influence of alcohol and a controlled substance. It is also important to keep in mind that in order to prove the element of (driving or operating), the prosecution need not show that the offender was actually driving the car at the time of the arrest. It is enough that you became impaired and subsequently placed yourself in a position to put the vehicle in motion.

In Alaska, there are two ways you can be arrested for a DUI: You were displaying signs of impairment and the police officer believed you were not capable of operating a vehicle safely, even if your BAC is below the state limit of 0.08%. The other way to be arrested and prosecuted is if you violate Alaska’s per se alcohol law that states that it is illegal to operate a motor vehicle with a BAC level of 0.08% or greater. Even if you seem completely normal and were not displaying any signs of impairment, the fact that your BAC is at or above the legal limit, is grounds for a DUI arrest. It is also important to note that even if you were not physically driving the vehicle at the time of the DUI stop, you can still be arrested for a DUI in Alaska. If your car keys were in your possession or if you fell asleep behind the wheel, you may still be arrested. The reason is that you were still exerting physical control over the vehicle.

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