COMPARING DRIVING LAWS WITH WHERE YOU LIVE ALASKA
65 MPH on specific sections of either (1) the Alaska interstate or (2) outside of urbanized areas with populations less than 50,000. These highway sections are determined via engineering and traffic investigations.
25 MPH in a residential area
20 MPH in a business district
15 MPH in an alley
Speeding Penalties
A first time violator may be:
fined not more than $300, and the violator’s license may be suspended not more than one month.
Penalty for Reckless Driving
A first time speeding violation may be: fined not more than $1,000; sentenced to jail time of not more than 90 days, and the violator’s license may be suspended not more than six months.
Speeding Penalties
Alaska has what is known as an “absolute” speed limit law. There is no trick to how this works: If the sign says 40 mph and you drive 41 mph or more, you have violated the law. In other words, you are guilty if you drive over the speed limit. In Alaska you may be able to make three possible defenses:
* Attacking the officer’s determination of your speed.
* Claiming an emergency forced you to exceed the speed limit to avoid serious damage or injury to yourself or others.
* Claiming that the officer mistook your car for another car.
Note that in Alaska you can be ticketed for driving at an unsafe speed, even if that speed does not violate the posted limit — for example, driving exactly at the maximum mph posted limit on the freeway amidst slower and heavy traffic, in a dense fog, or in a driving rainstorm or blizzard.
DRUNK DRIVING PENALTIES
First Offense DUI in Alaska Administrative Penalties Associated with Upon arrest, ninety (90) day license suspension begins pending. Unless otherwise contested during an administrative hearing, driver’s license will be suspended. Suspensions reversible in limited circumstances if arrest leads to dismissal or acquittal.
All convictions carry mandate in Alaska that driver utilize ignition interlock device. Costs of device and maintenance fees are the responsibility of the offender.
Defendant must undergo alcohol or substance abuse assessment during criminal proceedings.
Any convictions of DUI or DWI in Alaska remain on an offender’s criminal history for life, and in turn, if subsequent arrests occur, the existence of previous offenses is tracked back through the offender’s lifetime as well.
Criminal Penalties with First Offense DUI in Alaska
First offense convictions carry mandatory incarceration periods of at least three (3) days in Alaska.
Fines can be levied up to $1,500; however, other fees and charges may be incurred by offender in process of completing sentence, including probation costs, ignition interlock device costs, and others expenses related to seeking court-mandated alcohol counseling.
Getting Legal Help with First Offense DUI in Alaska: A notable aspect of Alaskan DUI law is that no state statute prohibits reduction or pleading down of DUI/DWI charges to less serious misdemeanor offenses. Depending on the nature of a given case, this provides a clear path for plea-bargaining for defendants and their legal counsel.
COLORADO
Speeding Penalties
A first time violator may be:
* fined between $15 and $100, and the violator’s license may be suspended not more than one year.
Reckless Driving
* A first time violator may be: fined between $10 and $300.
* sentenced to jail time of between 10-90 days, and the violator’s license may be suspended not more than one year.
Speed Limits
* 65 MPH on the interstate system
* 55 MPH on an open highway not on the interstate system
Point System
A driver’s license is subject to suspension if the driver accumulates either 12 points within 12 consecutive months or 18 points within 24 consecutive months. For provisional drivers, suspension would occur if they accumulate either 9 points within 12 consecutive months, 12 points within any 24 consecutive months or 14 points from the time the provisional license was issued. In the case of minor drivers, suspension would occur if they accumulate either 5 points within 12 consecutive months or 6 points from the time the license was issued. For chauffeurs, suspension would occur if they accumulate (while in the course of employment) either 16 points in 1 year, 24 points in 2 years or 28 points in 4 years.
DRUNK DRIVING PENALTIES
The first DUI in Colorado results in both criminal and administrative penalties. However, aside from DUI charges, which involve drivers found with a Blood Alcohol Content (BAC) above .08, Colorado also includes penalties for DWAI (Driving While Ability Impaired) violations, or drivers with BAC above .05 to less than .08.
Administrative Penalties
The first offense DUI in Colorado results in a 3 month suspension of one’s driver’s license. The first offense DWAI in Colorado doesn’t result in an administrative license suspension, but adds twelve (12) points to a driver’s license.
Reinstatement in DUI cases depends on one completing a alcohol/substance abuse assessment and treatment program and, if the driver BAC is above .17, a mandatory use of an ignition interlock device.
Criminal Penalties
* In Colorado a first offense DUI carries a mandatory minimum period of incarceration set at 5 days, with a potential of incarceration up to 1 year, with the possibility of suspending the jail sentence if the offender attends a treatment program.
* First offense DWAI convictions in Colorado result in a mandatory minimum period of incarceration set at two days, with a maximum of 180 days, with the possibility of a suspended sentence.
* Fines for DUI in Colorado range from $600 to $1000, with fine amounts not covering costs associated with completion of other terms of sentence.
* Fines for DWAI in Colorado range from $200 to $500, with fine amounts not covering costs associated with completion of other terms of sentence.
In Colorado, community service mandates in either DUI or DWAI are likely. Convictions influence charges and sentencing in future DUI or DWAI cases indefinitely.
IDAHO
Basic Speed Law: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. IDAHO § 49-654(1)
Speeding Penalties
A first time violator may be: fined not more than $100, and the violator’s license may be suspended not more than one year.
Penalty for Reckless Driving
A first time violator may be:
* fined between $25 and $300
* sentenced to jail time between five and 90 days
* the violator’s license may be suspended not more than 30 days
Speed Limits
* 75 MPH on interstate highways
* 65 MPH on State highways
* 55 MPH in other locations
* 35 MPH in either a residential, business or urban district
Idaho Speeding Laws
Idaho has what is known as an “absolute” speed limit law. There is no trick to how this works: If the sign says 40 mph and you drive 41 mph or more, you have violated the law. In other words, you are guilty if you drive over the speed limit.
Note that in Idaho you can be ticketed for driving at an unsafe speed, even if that speed does not violate the posted limit — for example, driving exactly at the maximum mph posted limit on the freeway amidst slower and heavy traffic, in a dense fog, or in a driving rainstorm or blizzard.
DRUNK DRIVING PENALTIES
DUI in Idaho, a driver faces both criminal penalties and administrative action. In practice, administrative action to suspend one’s license commences prior to criminal proceedings or conviction.
Administrative Penalties include:
* Refusals to submit under Idaho implied consent laws results in mandatory license suspension for a period of one (1) year, but offenders are eligible for restricted license during this period, upon installation of an ignition interlock device and payment of $250 fine
* License suspension for first offense DUI in Idaho carries administrative suspension periods of ninety (90) days, with possibility for restricted license after thirty (30) days
* Reinstatement or restricted reinstatement may involve use of ignition interlock device on case-by-case basis at the discretion of the courts
Criminal Penalties
* First offense DUI in Idaho carries no minimum period of incarceration, but defendants face the potential of up to six (6) months in jail
* Fines in first offense DUI convictions in Idaho are not more than $1,000, but fine amount does not include costs incurred during resolution of criminal case or administrative issues
* Convictions influence charging and sentencing in future subsequent DUI arrests in Idaho for a period of ten (10) years
These are only a few states with cold weather half the year long. For more information on what the laws are in other states go to: DrivingLaws.org.
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