DUI Laws in Alaska (DUI)
Alaska uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is Dual windows: 10 years for felony classification (third offense with two or more priors within 10 years), 15 years for counting prior convictions when setting minimum sentences and DMV revocation periods (AS 28.35.030(n), (w)(4)). 3rd DUI offense within 10 years (two or more prior convictions within the 10 years preceding the present offense; priors counted since January 1. Below are the full details of Alaska's DUI laws and penalties.
Last updated:
Overview
Alaska has some of the toughest DUI laws in the nation, with mandatory minimum jail sentences even for first-time offenders. The state counts prior convictions within the past 15 years when setting minimum sentences (10 years for felony classification) and classifies a third DUI as a felony — a lower threshold than most states. Alaska also imposes mandatory ignition interlock requirements starting with the first offense and has notably high fines that include surcharges and incarceration costs. The state's extreme geography and limited road infrastructure mean that license revocations can have an outsized impact on daily life, which courts may consider but which does not reduce statutory minimums.
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.00% (zero tolerance — any detectable amount) |
| Enhanced Penalty | No statutory aggravated-BAC tier — Alaska escalates penalties by number of prior convictions, not BAC level (AS 28.35.030) |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Class A Misdemeanor | Mandatory minimum of 72 consecutive hours (3 days); up to 1 year. | Minimum $1,500; up to $25,000. Additional surcharges and incarceration costs may apply (the court may reduce the fine by the cost of the ignition interlock device). | 90-day revocation; an ignition-interlock limited license may be available after serving the first 30 days of the revocation (AS 28.15.165) | Required for 6 months following license reinstatement; must be installed on all vehicles owned or operated by the offender |
| 2nd Offense | Class A Misdemeanor | Mandatory minimum of 20 days; up to 1 year. At least 48 hours must be served consecutively. Electronic monitoring may substitute for a portion of jail time at the court's discretion. | Minimum $3,000; up to $25,000. Additional surcharges for jail costs and ASAP fees. | 1-year revocation; an ignition-interlock limited license may be available after serving the initial 90 days of the revocation (AS 28.15.165) | Required for 12 months following license reinstatement |
| 3rd Offense | Class C Felony | Mandatory minimum of 120 days (60 days must be served with no good-time credit); up to 5 years in state prison | Minimum $10,000; up to $50,000. Felony surcharges and restitution may apply. | 3-year revocation; no driving privileges during the entire revocation period | Required for 18 months minimum following license reinstatement |
| Felony | Class C Felony | 120 days to 5 years; mandatory minimum of 120 days with 60 days non-suspendable. Fourth and subsequent offenses carry mandatory minimum of 240 days with 120 days non-suspendable. | $10,000 to $50,000 for third offense; $20,000 to $50,000 for fourth and subsequent offenses | 3 years for third offense; 5-year or permanent revocation for fourth and subsequent offenses | Required for at least 24 months upon reinstatement; lifetime IID requirement possible for fourth and subsequent offenses |
Felony threshold: 3rd DUI offense within 10 years (two or more prior convictions within the 10 years preceding the present offense; priors counted since January 1, 1996). Lookback period: Dual windows: 10 years for felony classification (third offense with two or more priors within 10 years), 15 years for counting prior convictions when setting minimum sentences and DMV revocation periods (AS 28.35.030(n), (w)(4)).
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | Minimum 80 hours of community work service | Up to 1 year of supervised probation; conditions typically include alcohol screening and treatment | Mandatory completion of a state-approved alcohol safety action program (ASAP); screening and recommended treatment must be followed |
| 2nd Offense | Minimum 160 hours of community work service | Up to 2 years of supervised probation | Mandatory ASAP completion; inpatient treatment evaluation required |
| 3rd Offense | Court-ordered; typically 200+ hours | Up to 5 years of felony probation | Mandatory residential or intensive outpatient treatment program; court-ordered aftercare |
| Felony | Court-ordered based on circumstances | Up to 10 years of felony probation with intensive supervision | Mandatory long-term residential treatment program; court-supervised aftercare plan |
Implied Consent Law
Under Alaska Statute 28.35.031, any person operating a motor vehicle, aircraft, or watercraft in Alaska is deemed to have given consent to a chemical test of breath or blood when a law enforcement officer has reasonable grounds to believe the person is DUI. The officer determines which test is administered.
Refusal penalties: Refusal of a chemical test results in an automatic license revocation: 90 days for a first refusal, 1 year for a second refusal, and 3 years for a third refusal. Refusal also carries a mandatory minimum jail sentence (equivalent to the DUI mandatory minimum for the corresponding offense number) and a minimum $1,500 fine. The refusal is admissible as evidence in court. Alaska treats a refusal as seriously as a DUI conviction for administrative purposes.
Aggravating Factors
| Factor | Impact |
|---|---|
| Child passenger under 16 years old | Additional child endangerment charge; sentence enhancement with increased mandatory jail time; may trigger investigation by the Office of Children's Services |
| DUI causing injury or death | Charged as a separate felony (assault or manslaughter); penalties include 5-20+ years in prison depending on severity |
| Refusal to submit to chemical testing | Independent license revocation with jail time and fines equivalent to DUI conviction for that offense level; refusal is used as evidence at trial |
| Excessive speed (20+ mph over limit) during DUI | Additional reckless driving charge; increased jail time and fines; judges may impose consecutive sentences |
| Driving on a revoked license (DUI-related revocation) | Separate Class A misdemeanor charge; mandatory additional jail time and extended license revocation period |
DUI with Injury
Classification: Class A Felony (assault in the first degree) for serious injury; Class B Felony (assault in the second degree) for less severe injury
Assault in the first degree (DUI causing serious physical injury): 5 to 20 years in prison, fines up to $250,000, mandatory license revocation, and restitution. Assault in the second degree: 1 to 10 years. If the DUI causes death, the charge is vehicular manslaughter (Class B felony, 1-10 years) or murder in the second degree (Class A felony, 10-99 years) if the driver demonstrated extreme indifference to human life.
Underage DUI
Drivers under 21 with any detectable BAC face a mandatory license revocation of 30 days for a first offense (90 days for a second offense), mandatory substance abuse screening, community service, and mandatory ASAP enrollment. If the BAC is 0.08% or above, the underage driver is charged under the standard DUI statute with all adult penalties plus the underage provisions. A DUI conviction as a minor can affect college admissions, financial aid, military service eligibility, and employment. Alaska has true zero tolerance — no minimum BAC threshold is required for an underage violation.
Diversion Programs
Program: Therapeutic Court / DUI Court
Alaska operates Therapeutic Courts (including DUI Courts) in several judicial districts that serve as an alternative to traditional sentencing for DUI offenders with substance abuse problems. Participants undergo intensive supervision, regular drug and alcohol testing, mandatory treatment programs, and frequent court appearances over a 12-24 month period. Successful completion may result in reduced charges or sentences.
Eligibility: Typically available to repeat DUI offenders (second or third offense) who demonstrate a substance abuse disorder. First-time offenders generally do not qualify. Violent offenders and those with DUI-related injuries are usually excluded. Participation requires agreement to intensive supervision and treatment protocols. Availability varies by judicial district — Anchorage, Fairbanks, and Juneau have the most established programs.
How Long a DUI Stays on Your Record
A DUI conviction remains on your Alaska criminal record permanently. Alaska does not allow expungement or sealing of DUI convictions for adults. The driving record maintained by the DMV also reflects DUI convictions permanently. For repeat-offense sentencing purposes, courts count prior convictions within the past 15 years when setting minimum sentences (10 years for felony classification). A DUI conviction from more than 15 years ago will not count as a prior for sentencing enhancement but will still appear on background checks.
Key Statutes
- Alaska Stat. Section 28.35.030
- Primary DUI statute — defines the offense of operating a motor vehicle, aircraft, or watercraft while under the influence of alcohol or drugs; establishes BAC limits and offense classifications
- Alaska Stat. Section 28.35.031
- Implied consent law — requires submission to chemical testing; outlines refusal penalties including license revocation and mandatory jail time
- Alaska Stat. Section 28.35.032
- Penalties for DUI — specifies mandatory minimum sentences, fines, license revocations, IID requirements, and community service for each offense level
- Alaska Stat. Section 28.15.181
- Administrative license revocation procedures — governs DMV hearings, revocation periods, and conditions for limited license or reinstatement following DUI arrest
Frequently Asked Questions
Is a DUI a felony in Alaska?
How long does a DUI stay on your record in Alaska?
What are the penalties for a first DUI in Alaska?
Can I get a limited license after a DUI in Alaska?
What happens if I refuse a breathalyzer in Alaska?
How many DUIs is a felony in Alaska?
Does Alaska have a DUI diversion program?
What is Alaska's DUI lookback period?
Related Guide
DUI license recovery in Alaska→Step-by-step guide to getting your license back after a DUI in Alaska — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Alaska Division of Motor Vehicles
Official DMV for license reinstatement information, administrative hearing requests, IID certification, and driving record inquiries after a DUI
- Alaska Bar Association — Lawyer Referral Service
Find a licensed DUI defense attorney in Alaska through the state bar's referral service
- Alaska Court System — Therapeutic Courts
Information about Alaska's DUI Court and other therapeutic court programs that may be available as an alternative to traditional sentencing
- MADD Alaska
Mothers Against Drunk Driving Alaska chapter — victim assistance, DUI education, and advocacy resources
- Alaska PRIOR (Prevention, Re-Entry, Intervention, Opportunity, and Recovery)
State Division of Behavioral Health — substance abuse treatment resources, court-ordered program information, and recovery support services
Related Resources on This Site
More for your state
- DUI RecoveryDUI license recovery in Alaska
- SR22 InsuranceSR22 insurance in Alaska
- License ReinstatementLicense reinstatement in Alaska
- Ignition InterlockIgnition interlock (IID) in Alaska
- Jobs by StateJobs for felons in Alaska
- ExpungementAlaska expungement guide
- Voting RightsFelon voting rights in Alaska
- Gun RightsFelon gun rights in Alaska