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What Is The Implied Consent Law?

The Intoximeter tests an arrestee's breath for alcohol content. Refusal to take this test is an additional and separate criminal charge. By obtaining a license, you've already agreed to allow a chemical test of breath. This is called the "implied consent law".

Other Alaska Drunk Driving Defense FAQs

Q: What Is Dwi?
A: Driving While Intoxicated (DWI) means operating a motorized vehicle with a breath alcohol content of .10 or higher; or when your ability is impaired (regardless of … More
Q: What Are The Penalties For A First Offense?
A: License suspension 90 days minimum Fine between $250 and $5000 Imprisonment 72 hours to one year. More
Q: What Are The Penalties For A Second Offense?
A: License suspension one year minimum Fine between $500 and $5000 Imprisonment 20 days to one year. More
Q: What Are The Penalties For A Third Offense?
A: A Class C Felony if previously convicted of DWI two or more times within five years preceding the date of the present offense. Driver's license suspended Fine … More
Q: Is A Dwi Charge Ever Reduced To A Lesser Offense?
A: A charge of driving under the influence could be reduced to reckless driving. It could be that the officer made the arrest with probable cause, but the Data Master was … More
Q: What Is The "Use It, Lose It" Law?
A: Enacted by the 18th Alaska Legislature, the "USE IT, LOSE IT" law allows a peace officer to seize the driver's license of an underage person who is 14 years of age but … More
Q: If My License Is Seized, What Are The Consequences For A First Offense?
A: 90 day revocation; alcohol education or drug treatment; $100 reinstatement fee; and court fines and fees.
Q: If My License Is Seized, What Are The Consequences For A Second Offense?
A: One year revocation; alcohol education or drug treatment; $250 reinstatement fee; and court fines and fees.
Q: If My License Is Seized, What Are The Consequences For A Third Offense?
A: Three year revocation; alcohol education or drug treatment; $250 reinstatement fee; and court fines and fees.
Q: Must I Be Convicted In A Court Of Law For Minor Possession Or Consumption Of Drugs Or Alcohol For The Revocation To Occur?
A: No. This action is an administrative action and is automatic once a revocation notice is issued by an officer. It is in addition to any action taken by the court system.