Alaska DUI Laws

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. The average cost of a DUI is $24,265, 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.

The following information will provide the basics of Alaska DUI law, penalties, and links to additional sources.

Note: 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.

Alaska DUI Laws

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) 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.

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.

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.

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.

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.

Penalties

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) on your vehicle for at least six months.

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.

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.

Felony DUI

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.

A felony DUI conviction also requires you to:

• Undergo drug and alcohol treatment
• Reimburse law enforcement and any emergency services that attended to your arrest
• Forfeit the vehicle used in your offense

Individuals convicted of a felony DUI are also disqualified from ever holding a commercial driver's license.

Felony DUI Wellness Court is available if you live in Anchorage, Bethel, Fairbanks, Juneau, Kenai, and Palmer. A wellness court may help reduce the penalties you face with a felony DUI conviction. Wellness courts focus on rehabilitation and treatment for substance abuse. You are disqualified from participation if you have a prior conviction of a felony.

IID Mandatory for All DUI Convictions

Alaska law requires anyone convicted of a DUI to have an ignition interlock device (IID) installed on their vehicle after the license suspension period has ended. An IID requires the driver to submit a breath test into the device, like a Breathalyzer machine, before it will allow the vehicle to start. Most of these devices also require follow-up breath tests to ensure compliance. This also helps deter having another person submit a breath test for the driver.

If you have an IID installed on your vehicle, you will have a "C" restriction placed on your driver's license, with the words "IID Required" on the back.

Not everyone is eligible for a limited license, which authorizes the use of an IID. This includes people:

• With a felony conviction for DUI or refusal
• Convicted of a DUI or refusal while on probation for a prior DUI or refusal conviction
• Convicted of violating the terms of a limited license

You may also need to complete community service, serve additional probation, and pay for any damages you caused.

Alaska Resources

• Alaska DUI Statutes: Operating a Vehicle While Under the Influence (Alaska Stat. 28.35.030)
• Alaska DUI Consequences: Answers to frequently asked questions about DUI offenses in Alaska (Alaska DMV)
• About DUI: Overview of Alaska DUI law and penalties (PDF, Alaska Court System)
• Alaska DUI Definitions: Terms in Alaska DUI laws (PDF, Alaska State Troopers)
• Alaska Driver's License Reinstatement: How to reinstate your driver's license after a suspension (Alaska DMV)

Get Legal Help for Your Alaska DUI Case

Convictions for driving under the influence have severe consequences in Alaska. Since so much is at stake, it's a good idea to get the advice and counsel of a DUI attorney before appearing in court. If you want to learn about your case and options under the law, you can contact an Alaska DUI attorney near you today.