Alaska DUI Laws
In Alaska, if you drive a car while under the influence of alcohol or another chemical substance, or drive a car with a breath or blood alcohol content (BAC) of .08 or greater (less for commercial and underage drivers), you may be charged with DUI (also called OUI in Alaska). An Alaska DUI conviction is a serious matter. Sentencing guidelines mandate jail time for all convictions — even the first offense. If you have been charged with DUI, contact an attorney who specializes in Alaska DUI cases.
When a driver refuses or fails a blood or breath test, the DMV will initiate an administrative license suspension (ALS). You only have seven days to appeal or the suspension will go into effect. The duration of the license suspension will depend on the number of prior suspensions and whether or not you refused the chemical test. You may apply for a restricted license so that you can maintain your employment. It is advisable to have an attorney represent you at the ALS hearing to help protect your driving privileges and to "discover" information that may be used against you in the criminal case.
Even if your BAC was under the legal limit, you can still be prosecuted for driving under the influence. The prosecution may build a case on a variety of things such as the police officer's observations of erratic driving (or other reason you were stopped) and/or poor performance on field sobriety testing — either of which could have been caused by bad weather, nerves, medical conditions and more. Challenging probable cause for the stop as well as the way the field sobriety tests were conducted can be a very effective defense strategy. If you have been arrested for DUI, you should have an aggressive and strategic lawyer by your side protecting your legal rights.
Alaska DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Alaska BAC laws may differ from those of other states, as follows.
| Alaska BAC Laws | |
| Per Se Violation | BAC of: .08 or higher |
| "Zero Tolerance" (BAC for Someone Under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: within seven to 10 days after DUI/DWI citation for a DUI/DWI.
| DUI/DWI Arrest | |
| 1st Offense | 90 days license suspension |
| Subsequent Offenses | 3 or 5 years license suspension, depending on prior convictions |
| "Zero Tolerance" (BAC for Someone Under 21) | 30 days to 1 year license suspension, depending on prior convictions |
| Temporary License | Yes, until your time to file for appeal has expired |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 90 days license suspension |
| Subsequent Offenses | 3 or 5 years license suspension, depending on prior convictions |
| "Zero Tolerance" (BAC for someone under 21) | 30 days to 1 year license suspension, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 90 days (may have conditional license) |
| Prison Term and Community Service | At least 72 hours in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,800 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory drug and alcohol evaluation; possible treatment |
| Second DUI/DWI Offense | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | At least 20 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $4,600 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory drug and alcohol evaluation; possible treatment |
| Third DUI/DWI Offense - Misdemeanor | |
| License Suspension | 3 years (may have conditional license) |
| Prison Term and Community Service | At least 60 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $6,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory drug and alcohol evaluation; possible treatment |
| Third DUI/DWI Offense - Felony**** | |
| License Suspension | Permanent (no conditional license) |
| Prison Term and Community Service | At least 120 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $10,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory drug and alcohol evaluation; possible treatment |
| Fourth DUI/DWI Offense - Misdemeanor | |
| License Suspension | 5 years (may have conditional license) |
| Prison Term and Community Service | At least 120 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $7,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory drug and alcohol evaluation; possible treatment |
| Fourth DUI/DWI Offense - Felony | |
| License Suspension | Permanent (no conditional license) |
| Prison Term and Community Service | At least 240 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $10,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory drug and alcohol evaluation; possible treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving while under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
****Classification of a DUI/DWI conviction as a misdemeanor or felony depends on when the prior convictions took place. Prior convictions closer in time to the current conviction make a felony classification more likely.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Alaska Division of Motor Vehicles.