Alaska DUI DWI Laws
The maximum prescribed legal BAC limit in Alaska is 0.08% per se
(effective from Sep 1st 2001)
Alaska Drunk Driving Laws
(If you’ve been charged with Alaska DUI, the law allows only 7 days for your Alaska DUI Lawyer to make a request with the Alaska Department of Administration for a hearing to save your driving license)
Alaska is a member of the Interstate Drivers License Compact
An agreement between participating States to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state. |
Alaska DUI Laws and BAC limits
ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Alaska it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.
COMMERCIAL DRIVERS - BAC LIMIT = 0.05%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.
MINOR (under the age of 21) - BAC LIMIT = 0.00% (ZERO TOLERANCE)
It is a crime for persons under 21 years of age to drive with after consuming ANY alcohol, therefore driving with a BAC (blood alcohol content - concentration of 0.00% or above is a crime.
It is a crime to refuse to submit to a chemical test in Alaska and implied consent laws are enforced.
!! CAUTION - Driving Ability Impaired !!
You can be prosecuted in Alaska without driving while you are over the legal prescribed bac limit.
Under Alaska law, it is unlawful to drive with a BAC limit above the per se laws OR to drive while impaired under the influence of alcohol and/or drugs.
Under this law the prosecution must show that the driver was IMPAIRED by alcohol and/or drugs. The level of impairment is usually based on observations and evidence of driving ability (or rather inability), physical appearance, field sobriety tests and any other relevant evidence which can help prove a persons driving ability was indeed impaired. Different amounts of alcohol can affect people in different ways, what may impair one persons driving ability and make them feel drunk, might not necessarily impair another persons driving ability.
Observations from a law enforcement officer that may lead to being stopped and arrested include:
- Making a turn too widely or narrowly
- Using two lanes, stradling the center line
- Almost hitting someone or something
- Weaving or drifting from one side of the road to another
- Driving too slowly and being overly cautious
- Driving too close to vehicle in front
- Driving ON the center lines
- Erratic braking
- Swerving to correct course of vehicle
You can be charged with an offence regardless of your BAC level, as long as impairment can be proved to the legal extent necessary.
A skilled drunk driving attorney can help you defend any charges against you |
Alaska BAC Calculator
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Penalties for DUI - Drunk Driving in Alaska
Alaska is a state with a ten-year ‘washout period,’ also known as a 'look back period', this means that a prior conviction is not admissible after ten years. If it is ten years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within ten years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.
All drivers convicted of DUI or refusing a chemical test in Alaska are now required to fit their vehicles with ignition interlock devices. Drivers can expect to pay $100 to install the equipment, $125 per month for leasing the equipment and $50 to reset the equipment after test failures.
First Dui - Drunk Driving Conviction - CLASS A MISDEMEANOR
The penalty for a first DUI - drunk driving conviction in Alaska:
- minimum $1,500 fine
- minimum 3 days in jail (mandatory)
- 90 days drivers license revocation
- ignition interlock restriction (Under the "high blow statute," the court will order an IID for either a 6 or 12 month period starting when you regain your privilege to drive.)
- mandatory drug and/or alcohol evaluation
- possible attendance at treatment program
- may be prohibited from purchasing alcohol (length of time at the courts discretion)
- SR22 insurance requirement
Second DUI - Drunk Driving Conviction - CLASS A MISDEMEANOR
The penalty for a second DUI - drunk driving conviction in Alaska:
- minimum $3,000 fine
- minimum 20 days in jail (mandatory)
- one year revocation of drivers license
- ignition interlock restriction (Under the "high blow statute," the court will order an IID for either a 6 or 12 month period starting when you regain your privilege to drive.)
- mandatory drug and/or alcohol evaluation
- possible attendance at treatment program
- may be prohibited from purchasing alcohol (length of time at the courts discretion)
- SR22 insurance requirement
Third DUI - Drunk Driving Conviction - CLASS A MISDEMEANOR
The penalty for a third DUI - drunk driving conviction in Alaska:
- minimum $4,000 fine
- minimum 60 days in jail (mandatory)
- three year revocation of drivers license
- ignition interlock restriction (Under the "high blow statute," the court will order an IID for either a 6 or 12 month period starting when you regain your privilege to drive.)
- mandatory drug and/or alcohol evaluation
- possible attendance at treatment program
- may be prohibited from purchasing alcohol (length of time at the courts discretion)
- SR22 insurance requirement
Fourth DUI - Drunk Driving Conviction - CLASS A Misdemeanor
The penalty for a fourth DUI - drunk driving conviction in Alaska:
- minimum $5,000 fine
- minimum 120 days in jail (mandatory)
- five year revocation of drivers license
- ignition interlock restriction (Under the "high blow statute," the court will order an IID for either a 6 or 12 month period starting when you regain your privilege to drive.)
- mandatory drug and/or alcohol evaluation
- possible attendance at treatment program
- may be prohibited from purchasing alcohol (length of time at the courts discretion)
- SR22 insurance requirement
Fifth DUI - Drunk Driving Conviction - CLASS A Misdemeanor
The penalty for a fifth DUI - drunk driving conviction in Alaska:
- minimum $6,000 fine
- minimum 240 days in jail (mandatory)
- five year revocation of drivers license
- ignition interlock restriction (Under the "high blow statute," the court will order an IID for either a 6 or 12 month period starting when you regain your privilege to drive.)
- mandatory drug and/or alcohol evaluation
- possible attendance at treatment program
- may be prohibited from purchasing alcohol (length of time at the courts discretion)
- SR22 insurance requirement
sixth DUI - Drunk Driving Conviction - CLASS A Misdemeanor
The penalty for a sixth DUI - drunk driving conviction in Alaska:
- minimum $7,000 fine
- minimum 360 days in jail (mandatory)
- five year revocation of drivers license
- ignition interlock restriction (Under the "high blow statute," the court will order an IID for either a 6 or 12 month period starting when you regain your privilege to drive.)
- mandatory drug and/or alcohol evaluation
- possible attendance at treatment program
- may be prohibited from purchasing alcohol (length of time at the courts discretion)
- SR22 insurance requirement
Third or subsequent DUI or Refusal convictions may be misdemeanors or felonies, depending on when the prior offenses occurred. If classed as felonies see below:
Third DUI - Drunk Driving Conviction - CLASS C Felony
The penalty for a third DUI - drunk driving conviction in Alaska:
- minimum $10,000 fine
- minimum 120 days in jail (mandatory)
- revocation of drivers license for life
- vehicle forfeiture
- may be prohibited from purchasing alcohol (length of time at the courts discretion)
Fourth DUI - Drunk Driving Conviction - CLASS C FELONY
The penalty for a fourth DUI - drunk driving conviction in Alaska:
- minimum $10,000 fine
- minimum 240 days in jail (mandatory)
- revocation of drivers license for life
- vehicle forfeiture
- may be prohibited from purchasing alcohol (length of time at the courts discretion)
Fifth DUI - Drunk Driving Conviction - CLASS C FELONY
The penalty for a fifth DUI - drunk driving conviction in Alaska:
- minimum $10,000 fine
- minimum 360 days in jail (mandatory)
- revocation of drivers license for life
- vehicle forfeiture
- may be prohibited from purchasing alcohol (length of time at the courts discretion)
sixth DUI - Drunk Driving Conviction - CLASS C FELONY
The penalty for a sixth DUI - drunk driving conviction in Alaska:
- minimum $10,000 fine
- minimum 360 days in jail (mandatory)
- revocation of drivers license for life
- vehicle forfeiture
- may be prohibited from purchasing alcohol (length of time at the courts discretion)
penalties will be increased if a drivers BAC level is above 0.15%
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IMPLIED CONSENT LAWS
It is a crime to refuse to submit to a chemical test in Alaska and implied consent laws are enforced.
Penalties for refusing to submit to a chemical test in alaska
In Alaska, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
Refusal to consent to chemical testing will result in two criminal charges, one for DUI and one for the chemical test refusal. A chemical test refusal in Alaska is a seperate crime and can be used as admissible evidence in a court of law to help secure a conviction for DUI.
The penalties for refusing to submit to a chemical test in Alaska are the same as those for DUI's outlined above. If the arrestee has two or more prior convictions for refusal or DUI in the 10 years preceding the commission of current refusal, it is a felony with same penalties as felony DUI above.
If a driver is involved in an accident then the law states that the driver has given their implied consent not just for chemical testing at the police station but for preliminary breath testing at the roadside, refusal to submit to preliminary breath testing at the roadside after being involved in a road traffic accident is an infraction.
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Alaska AUTO insurance (DUI, SR22)
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Alaska auto insurance quotes
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Alaska SR-22 auto insurance is required for a period of 5 years after a first DUI - DWI - drunk driving conviction or refusal offense, 10 years for a second offense, 20 years for a third offense and LIFE for a fourth offence and can be very expensive if you go with the wrong provider. Some insurance companies will not even do an SR22 insurance filing. Get a FREE DUI SR22 auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Alaska auto insurance in a matter of minutes.
Minimum liability insurance requirements for private passenger vehicles in the state of Alaska
The minimum mandatory liability insurance coverage required in the state of Alaska for private passenger vehicles is (50/100/25). This equates to the following liability coverage:
- $50,000 bodily injury liability (BIL) per person
- $100,000 for two or more people in one accident
- $25,000 property damage liability (PDL) coverage
What is (BIL) Bodily Injury Liability insurance?
(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.
What is (PDL) Property Damage Liability insurance?
(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle. Top of page
FREE Case evaluation & consultation by local Alaska DWI / DUI Lawyer / Drunk Driving Attorney
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Protect your rights! Talk to a local DUI lawyer
Alaska DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Alaska drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay.
Talk to a local Alaska Drunk Driving Attorney as soon as possible to gather important information such as:
• What penalties do you face if convicted of DUI in Alaska?
• What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Alaska?
• Does Alaska have a mandatory ignition interlock device law?
• Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Alaska laws and procedures ?
• When and how can you get your driver’s license reinstated in Alaska?
It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Alaska criminal defense attorney specialising in Alaska drunk driving laws today. |
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Useful Alaska DUI Links:
DUI - Drunk Driving Laws in Alaska
Alaska Drivers Manual
Alaska SR22 Insurance Requirement
Alaska Department of Public Safety
Alaska Department of Administration (DMV)
Alaska Department of Transportation
Alaska Court System
Alaska Division of Insurance
Alaska DUI Lawyers
Alaska DUI discussion forum
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