{"id":371477,"date":"2016-05-24T12:22:53","date_gmt":"2016-05-24T17:22:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alaska-law\/what-are-the-alaska-dui-laws.html"},"modified":"2024-01-28T02:16:49","modified_gmt":"2024-01-28T07:16:49","slug":"what-are-the-alaska-dui-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alaska-law\/what-are-the-alaska-dui-laws.html","title":{"rendered":"Alaska DUI Laws"},"content":{"rendered":"\n
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Alaska DUI Laws<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Drunk driving, or driving under the influence of drugs, is a serious offense in Alaska. Conviction on DUI charges can lead to steep fines and license suspension. T<\/a>he average cost of a DUI is $24,265<\/a>, according to the Alaska Division of Motor Vehicles. All DUI convictions in Alaska carry mandatory jail time or electronic monitoring. If convicted, you will have to install an ignition interlock device.<\/p>\r\n

The following information will provide the basics of Alaska DUI law, penalties, and links to additional sources.<\/p>\r\n\r\n

Alaska DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent<\/p>\r\n<\/th>\r\n<\/tr>

"Per Se" BAC Limit<\/a><\/td>\r\n0.08%<\/td>\r\n<\/tr>
Zero Tolerance (Underage) BAC Limit<\/a><\/td>\r\n0.00%<\/td>\r\n<\/tr>
Enhanced Penalty (Aggravated) BAC Limit<\/a><\/td>\r\n0.15%<\/td>\r\n<\/tr>
Implied Consent<\/a> to Submit to BAC Test?<\/td>\r\nYes<\/td>\r\n<\/tr>
 <\/td>\r\n<\/tr>

Alaska DUI Laws: Select Penalties<\/p>\r\n<\/th>\r\n<\/tr>

Minimum License Suspension or Revocation<\/a> (1st \/ 2nd \/ 3rd offense)<\/td>\r\n90 days \/ 1 year \/ 3 years<\/td>\r\n<\/tr>
Mandatory Alcohol Education, Assessment and Treatment<\/a><\/td>\r\nBoth<\/td>\r\n<\/tr>
Vehicle Confiscation<\/a> Possible?<\/td>\r\nYes (2nd Offense) Includes water and aircraft<\/td>\r\n<\/tr>
Ignition Interlock Device<\/a> Possible?<\/td>\r\nYes (mandatory for all convictions)<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: <\/b>State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it’s a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.<\/i><\/p>\r\n

Alaska DUI Laws<\/h2>\r\n

Alaska prohibits operating motor vehicles, aircraft, and watercraft while under the influence of alcohol, controlled substances, or inhalants. Alaska recognizes a blood alcohol level or blood alcohol content (BAC)<\/a> legal limit of 0.08% when measured within four hours of the incident. If your BAC is 0.15%, you face an aggravated DUI charge.<\/p>\r\n

Alaska recognizes "zero tolerance" driving laws for minors. This means if you are under 21, you cannot have any drugs or alcohol in your system. Any BAC over 0.0% will see you arrested on a DUI.<\/p>\r\n

If you are driving a commercial vehicle, the legal BAC limit is 0.04%. For a first offense, you will lose your commercial driver’s license (CDL) for one year. If you commit any subsequent offenses, you face permanent disqualification to hold a CDL.<\/p>\r\n

Law enforcement will conduct chemical tests when they suspect you of driving under the influence. These may include breathalyzer, urine, and blood tests. The law expects you to cooperate with these as part of having a driver’s license. If you refuse, they may take these tests by force.<\/p>\r\n

Refusal to submit to chemical tests is a separate crime in Alaska. You will face the same penalties as a DUI conviction, including a mandatory jail term of 72 hours. Your refusal is admissible evidence against you in any criminal or civil case arising from your DUI.<\/p>\r\n

Penalties<\/h3>\r\n

DUI penalties grow more severe with each subsequent offense. A first-offense DUI in Alaska is a class A misdemeanor with a mandatory penalty of 72 hours in jail or electronic monitoring. However, the probation office may decide if you should serve your sentence in a community residential center or treatment program. You will receive a fine of at least $1,500. Your license will remain suspended for a minimum of 90 days. After 90 days, you must install an ignition interlock device (IID)<\/a> on your vehicle for at least six months.<\/p>\r\n

A second offense within 15 years increases your penalties to 20 days in jail, and a fine of at least $3,000. You lose driving privileges for one year.<\/p>\r\n

For misdemeanor convictions, a judge may also require you to complete community service hours and driver’s education courses, and take medications that deter drug or alcohol use. You may need to repay the costs of emergency response services and any damages resulting from your DUI. You could face forfeiture of your vehicle, watercraft, or aircraft.<\/p>\r\n

Felony DUI<\/h2>\r\n

If you receive three or more DUI convictions within ten years, your third offense is a felony. You could face 120 days minimum jail time and a $10,000 fine for your third offense. Your driver’s license can be permanently revoked after a felony DUI conviction. After ten years, you may petition for limited driving privileges, including using an IID for 60 months.<\/p>\r\n

A felony DUI conviction also requires you to:<\/p>\r\n