The DUI Deferral Program allows a first-time DUI offender to be put in a position of having his or her DUI charge dismissed and expunged. To qualify for the DUI Deferral Program;
- You cannot have any prior DUI-related conviction from any state or any court. If you were convicted of DUI 50 years ago in the State of Alaska, then you do not qualify for the DUI Deferral Program. This requirement only applies to convictions. If you were charged with DUI, but it was dismissed, then you would still be eligible for the DUI Deferral Program.
- You must notify the court within 30 days of your arrest. To qualify for the DUI Deferral Program, you or your attorney must notify the court in writing that you intend to participate in the DUI Deferral Program. This must be done within 30 days of your arrest.
- You cannot have a commercial driver’s license. CDL holders are ineligible to participate in the DUI Deferral Program.
- Your BAC must be less than .15%. Individuals charged with an aggravated DUI (a BAC of .15% or over) do not qualify for the DUI Deferral Program.
- You were only charged with a regular DUI. If you were charged with any other DUI-related offense, such as DUI causing injury, then you are ineligible for the DUI Deferral Program. The DUI Deferral Program is reserved only for those persons charged with a regular, non-aggravated DUI.
- You must plead guilty or be found guilty of DUI. State law only allows a person to participate in the DUI Deferral Program if they enter a guilty plea or are found guilty of DUI. A No Contest Plea will not work.