DUI: It's Just Bad For You And I
by: Fairbanks Daily News-Miner Community Perspective (Ray Funk)
This "Community Perspective" column, written by Alaska District Court Judge Ray Funk of Fairbanks, appeared in the December 15, 2002 edition of the Fairbanks Daily News-Miner.
As the holiday season approaches and rounds of Christmas parties are beginning, a word of caution: Don't Drive Under the Influence. A dozen or more people are arraigned in Fairbanks every week on DUI charges, and the majority are later convicted. Sadly, the numbers don't go down, while the penalties go up, up, up.
The main reason not to Drive Under the Influence should be obvious -- it is too dangerous. The winter roads in Fairbanks are often icy and treacherous. We can't afford to have anyone whose ability to drive is impaired. Many innocent people are killed and seriously injured every year in Alaska by drivers who are under the influence of alcoholic beverages.
But there is another good reason. You can't afford it! Our legislature has not been shy in responding to the devastation that intoxicated drivers have left in their wake in Alaska. There have been substantial increases in the penalties imposed recently. A first DUI conviction even if the legislative minimums are imposed by the judge can cost a defendant $20,000, a second $40,000 and a third $80,000!
Let me walk you through the penalties. First, there is jail time. The minimum for a first offense is 72 hours, 20 days for a second, and on up with a maximum one year. Then there is the money. This comes in several shapes. First, the fine is at least $1500, second there is a special surcharge for DUIs of $75, third you have to pay for your three days of incarceration, which is $270. If you hire an attorney, that will often cost thousands of dollars more. Even if you get a court appointed attorney you will have to pay the State back for their time. Remember, those are minimums - it can be much worse depending on various factors. Plus you get to pay a couple hundred dollars to go for alcohol screening and an alcohol education class - that is all at a minimum. You could be required to complete an extensive and expensive alcohol treatment program as well.
Then you lose your driver's license. There aren't a lot of people who won't be incredibly inconvenienced for the 90 day license revocation that is mandatory for a first conviction. It is a lot worse for a repeat offender. A second conviction results in a one year suspension and the third three years. But the serious penalty comes after the suspension when you want to get your license back. There is a license re-instatement fee and more importantly a requirement that you carry special risk insurance for years. Specifically 5 years for a first time, 10 for your second conviction, 20 your third. Typically, a DUI conviction will triple your insurance. So if you are young with a new car, you could go from $1500/yr to $4,500. At roughly $3,000 per year more, that's $15,000, $30,000, or $60,000 for a first, second, or third.
That's just the beginning. There are many other consequences. The City of Fairbanks has a mandatory 30 day vehicle seizures for all DWI arrests and moving to forfeit the vehicle on any subsequent conviction. Not only is the vehicle gone for a month but its going to cost hundreds of dollars to pay towing, storage and administrative fees to get it back. The same applies if you if you drive while your driver's license is suspended.
Many jobs require a driver's license and loss of the right to drive may cause you to lose your job and stop you from getting a job that requires driving If you are a trucker or have a commercial driver's license, you lose it for a year for a first conviction. You can't drive a school bus for 10 years after a DUI conviction.
You may find it difficult to travel in Canada for 10 years or so. If you have one DUI conviction, you may be able to pay a fee and apply for a temporary permit for travel in Canada. If you have more than one conviction, you may not be allowed in the country.
On top of everything else, the Fairbanks News-Miner offers its own deterrent - free publicity. You get the privilege of having your friends and neighbors read about you in the newspaper, first in the police blotter after arrest and then if you get convicted in the list of judgments
So the message is simple: don't drive under the influence. Why? Because we can't afford the lives we lose to drunk drivers and you can't afford the penalties. Drive safely through the holidays and I hope to see you around town and coming to the new courthouse for jury duty, and not as a defendant charged with this totally avoidable crime.
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