Driving under the influence of marijuana is a crime in Alaska. This article explains the penalties imposed for DUI violations, but other laws regarding marijuana possession may also apply. Also, while Alaska allows medical marijuana use under limited circumstances, it is still a crime to drive after such use if the driver’s mental or physical faculties are impaired.
To learn more about Alaska marijuana laws in general, see Alaska Marijuana Laws.
To learn about Alaska's medical marijuana laws, see Alaska Medical Marijuana Laws.
Driving Under the Influence of Marijuana
It is illegal to drive a vehicle while under the influence of any substance that impairs the driver’s mental or physical faculties. (Alaska Stat. § 28.35.030.)
For many, driving under the influence is a class A misdemeanor. However, repeat offenders may be subject to additional penalties, such as increased fines and jail time, the possibility of permanent revocation of the offender’s driver’s license, forfeiture of the vehicle used in the offense, and mandatory participation in a drug treatment program.
A defendant will be subject to the additional penalties provided in Alaska Stat. § 28.35.030(n) (referred to below as “subsection (n)”), if he or she was convicted of driving under the influence two more times since January 1, 1996 and within the 10 years preceding the date of the present offense. Additional penalties may also apply if, within the last 10 years, the driver was previously punished under that statute or for refusal to submit to a chemical test (under Alaska Stat. § 28.35.032). Penalties vary according to whether it’s a first or subsequent conviction, as follows:
- First conviction: a fine of at least $1,500 and a minimum sentence of not less than 72 consecutive hours in jail.
- Second conviction: a fine of at least $3,000 and a minimum sentence of not less than 20 days in jail.
- Third conviction: a fine of at least $4,000 and a minimum sentence of not less than 60 days. However, if subject to subsection (n) discussed above, the penalty rises to a fine of at least $10,000 and a minimum sentence of at least 120 days.
- Fourth conviction: a fine of at least $5,000 and a minimum sentence of not less than 120 days. However, if subject to subsection (n) discussed above, the penalty rises to a fine of at least $10,000 and a minimum sentence of at least 360 days.
- Fifth or subsequent conviction: a fine of at least $7,000 and a minimum sentence of not less than 360 days. However, if subject to subsection (n) discussed above, the penalty rises to a fine of at least $10,000 (the minimum sentence remains at 360 days). (Alaska Stat. § 28.35.030.)
If you may be subject to additional penalties, consult a qualified attorney to learn the sentence you may be facing.
Local Legal Help
If you have been charged with a marijuana-related offense, you face the possibility of jail time and fines. You will need to consult with an experienced Alaska criminal defense attorney to learn how strong the prosecution’s case appears to be, whether you have viable defenses to the charge, whether you can negotiate a dismissal or plea bargain, or how you might fare if you plead not guilty as charged and go to trial.
