Alaska DUI (Drunk Driving) Offense Basics

If your BAC, Blood Alcohol Content, is .08% or greater (at or above .04% if you are operating a commercial vehicle) then you are considered to be "Driving Under the Influence" in the State of Alaska.

A DUI offense in the State of Alaska is considered a "Class A Misdemeanor Criminal Offense."  For first time offenders you could get up to 1 year in prison, a $5000 fine, mandatory forfeiture of your license, and may be referred to a substance abuse treatment program.

Repeat DUI Offender

If you are a repeat offender your jail time could increase, fines are sizeably larger, and your license suspension can be extended severals years.  Once your suspension is completed you may be required to use an "Ignition Interlock Device" which is installed into your car for BAC monitoring purposes.  

If the 2nd or subsuquent offense is within 5 years of the first offense you will be charged with a felony offense.  You may also have your vehicle confiscated with from your 2nd offense on.

Does an officer have the right to give me a DUI or Breathalyzer test?

In Alaska any officer who suspects you might be driving under the influence can administer either test, or both.  As part of the agreement you make when obtaining an Alaskan Driver's License you are giving permission to authorities to test you.

What if I refuse the Alaska DUI test?

If you refuse to have a test administered you are in violation of law. There is a mandatory suspension of your license that comes with this refusal.  Also, you can be fined or serve jail time. This is in adittion to any penalties you receive for the DUI offense itself.  These penalties are given even if you are not prosecuted or found to have been Driving Under the Influence.

Alaska DUI, or DWI, Driver's License Suspension Information

The minimum revocation periods are:

- 90 days for a first offense

- 1 year if you have one prior conviction of DUI or refusal

- 3 years if you have two prior convictions of DUI or refusal

- 5 years if you have three or more prior convictions of DUI or refusal

***For commercial motor vehicle operators, the court must disqualify your privilege to drive a commercial vehicle for the minimum period required by law. The disqualification period can be for 1 year to life depending on the severity of the offense.

The court's revocation may be concurrent with or consecutive to an Administrative revocation.

Source: Alaska Deptartment of Administration, Division of Motor Vehicles.