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 15 years. 3rd DUI offense within 15 years. Below are the full details of Alaska's DUI laws and penalties.

Last updated: 2026-03-27

Overview

Alaska has some of the toughest DUI laws in the nation, with mandatory minimum jail sentences even for first-time offenders. The state uses a 15-year lookback period for repeat offenses 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	0.15%

Penalties by Offense

Offense	Classification	Jail Time	Fines	License Suspension	IID
1st Offense	Class A Misdemeanor	Mandatory minimum of 72 hours (3 days); up to 1 year. If BAC is 0.15% or higher, mandatory minimum increases to 9 days.	Minimum $1,500; up to $25,000. If BAC is 0.15% or higher, minimum fine increases to $3,000. Additional surcharges and incarceration costs may apply.	90-day revocation; no limited license available during the revocation period	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; no limited license during the revocation period	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 15 years. Lookback period: 15 years — Alaska counts prior DUI convictions within the past 15 years for purposes of charging repeat offenses and applying enhanced penalties.

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
BAC of 0.15% or higher	Doubles mandatory minimum jail time and significantly increases minimum fines for all offense levels
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

Zero tolerance: Yes

BAC limit: 0.00% — any detectable amount of alcohol

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 use a 15-year lookback period. 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?

In Alaska, a third DUI within 15 years is a Class C felony. This is a lower threshold than most states, which typically require four DUIs before felony charges apply. A first and second DUI are Class A misdemeanors. Any DUI that causes serious injury or death is also charged as a felony regardless of prior history.

How long does a DUI stay on your record in Alaska?

A DUI conviction stays on your Alaska criminal and driving records permanently. Alaska does not offer expungement for DUI convictions. For repeat-offense penalty calculations, the state uses a 15-year lookback period, meaning prior DUI convictions within the past 15 years count toward enhanced sentencing.

What are the penalties for a first DUI in Alaska?

A first DUI in Alaska carries a mandatory minimum of 72 hours in jail (9 days if BAC is 0.15%+), fines of at least $1,500 ($3,000 if BAC is 0.15%+), a 90-day license revocation, 80 hours of community service, a 6-month IID requirement, and mandatory enrollment in an alcohol safety action program. Alaska has some of the strictest first-offense penalties in the nation.

Can I get a limited license after a DUI in Alaska?

Alaska does not offer limited or hardship licenses during a DUI-related license revocation. You must wait out the full revocation period before applying for reinstatement. Once reinstated, you will be required to install an IID on any vehicle you operate. This is one of the strictest policies in the country.

What happens if I refuse a breathalyzer in Alaska?

Refusing a breathalyzer in Alaska carries penalties equivalent to a DUI conviction: automatic license revocation (90 days for first refusal, 1 year for second, 3 years for third), mandatory jail time, and a minimum $1,500 fine. The refusal is admissible as evidence in your DUI trial. Alaska treats chemical test refusal very seriously.

How many DUIs is a felony in Alaska?

A third DUI within 15 years is classified as a Class C felony in Alaska, carrying a mandatory minimum of 120 days in jail and fines of $10,000 to $50,000. A fourth or subsequent DUI within 15 years carries even steeper mandatory minimums. DUI causing serious injury or death is always a felony.

Does Alaska have a DUI diversion program?

Alaska offers Therapeutic Courts (DUI Courts) in several judicial districts as an alternative to traditional sentencing. These intensive programs include treatment, supervision, and regular testing over 12-24 months. They are generally available for repeat offenders with documented substance abuse issues, not first-time offenders. Availability depends on your judicial district.

What is Alaska's DUI lookback period?

Alaska's lookback period is 15 years. Prior DUI convictions within the past 15 years count toward enhanced penalties and felony charging. A DUI from more than 15 years ago is treated as a first offense for sentencing purposes, though it remains on your permanent record.

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

DUI license recovery in Alaska →

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Sources

Disclaimer: This is informational only, not legal advice. DUI laws change frequently. Verify current requirements with Alaska's statutes or consult a qualified DUI attorney in Alaska.

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