Alaska DUI Laws & Penalties
Alaska DUI Laws Overview
Alaska DUI law AS 28.35.030 states that any person stopped while operating a motor vehicle, aircraft, or watercraft while under the influence of alcohol, an inhalant or any controlled substance with a blood alcohol level of .08% or greater is considered to be DUI.
Any person operating a commercial motor vehicle is considered to be DUI-CMV per AS 28.33.030 if that person’s blood alcohol level is .04% or greater. The allowable BAC level is much lower for commercial motor vehicle drivers since these vehicles are much larger than the average passenger vehicle on the road and cause a significantly larger amount of damage to personal property or death to the other vehicle’s passengers or innocent bystanders when involved in an alcohol related accident.
Upon being stopped on suspicion of DUI in Alaska the defendant will be asked to perform the standardized field sobriety tests. Then they will be asked to submit to a PBT or preliminary blood test, depending upon the results of the field sobriety tests, PBT and the officer’s observations, the defendant may or may not be arrested for DUI. If arrested, the defendant’s vehicle will be towed at the vehicle owner’s expense if no other person is at the scene who can drive the vehicle and is not under the influence.
Alaska First Offense DUI Penalties
A first offense DUI charge in Alaska is considered a misdemeanor charge and carries the following mandatory penalties:
Jail time: The defendant will spend a minimum of 72 consecutive hours in jail. The amount of jail time can be increased at the judges discretion based upon the circumstances surrounding the arrest.
Fines: The minimum fines for a first offense charge will be $1,500 and can be increased based upon the circumstances surrounding the arrest. There is also a $330 imprisonment fee, this fee is in addition to the $1,500 minimum fines.
Surcharges: The defendant will have to pay the court a surcharge fee of $125, this amount can be increased to $225 if the defendant’s probation is revoked.
DUI Class: All first time offenders will be required to attend a state approved DUI Class.
Ignition interlock: All first time offenders are required to install an ignition interlock device on all vehicles they own for a period of 6 months.
License Revocation: The defendant’s license will be revoked for 90 days. The court may grant the defendant a limited license to allow the defendant to drive in order to make a living. A limited license will only be granted if the court deems the defendant not to be a risk to the public. If the court grants a limited license, the defendant must also request a limited license from the Alaska DMV. The DMV will charge a non refundable fee of $100 for this request. Before the DMV grants the defendant a limited license, they will require proof of an Alaska SR22 policy.
Alaska Second Offense DUI Penalties
A second DUI offense within 10 years is considered a misdemeanor charge in Alaska and carries the following penalties:
Jail time: The mandatory minimum jail time for a second offense is 20 days. The amount of jail time can be increased at the judges discretion based upon the circumstances surrounding the arrest.
Fines: The minimum fines for a second offense DUI charge in Alaska will be $3,000 and can be increased based upon the circumstances surrounding the arrest. There is also a $1,467 imprisonment fee, this fee is in addition to the $3,000 minimum fines.
Surcharges: The defendant will have to pay the court a surcharge fee of $125, this amount can be increased to $225 if the defendant’s probation is revoked.
Ignition interlock: All second time offenders are required to install an ignition interlock device on all vehicles they own for a period of 1 year.
DUI Class: All second time offenders are required to a state approved DUI education class.
License Revocation: The defendant’s license will be revoked for 1 year. The court may grant the defendant a limited license to allow the defendant to drive in order to make a living. A limited license will only be granted if the court deems the defendant not to be a risk to the public. The court will also review the defendant’s past offenses in determining whether or not to grant a limited license.
If the court grants a limited license, the defendant must also request a limited license from the Alaska DMV. The DMV will charge a non refundable fee of $100 for this request. Before the DMV grants the defendant a limited license, they will require proof of an SR22 insurance policy.
Alaska Third Offense DUI Penalties
A third DUI offense within 10 years may be classified by the court as a misdemeanor charge or a felony charge based upon when the prior offenses occurred. A third offense in Alaska carries the following penalties:
Jail time: The mandatory minimum jail time for a third offense misdemeanor charge is 60 days in jail. The minimum jail time for a third offense felony charge is 120 days in jail. The amount of jail time can be increased at the judges discretion based upon the circumstances surrounding the arrest and previous convictions.
Fines: The minimum fines for a misdemeanor third offense charge in Alaska will be $4,000 and can be increased based upon the circumstances surrounding the arrest and previous convictions. The minimum fines for a felony third offense charge is $10,000 and can be increased based upon the circumstances surrounding the arrest and previous convictions.
There is also a $2,000 imprisonment fee for a third offense misdemeanor charge, this fee is in addition to the $4,000 minimum fines for a misdemeanor third offense.
Surcharges: The defendant will have to pay the court a surcharge fee of $125 for a misdemeanor charge and $200 for a felony charge, these amounts can be increased by an additional $100 if the defendant’s probation is revoked.
Ignition interlock: All third time offenders are required to install an ignition interlock device on all vehicles they own for a period of 18 months.
DUI Class: All third time offenders are required to complete a Alaska approved DUI class.
License Revocation: The defendant’s license will be revoked for 3 years for a third offense misdemeanor charge. The defendant’s license will be revoked for life for a felony third offense charge.
If the charge is a misdemeanor, the court may grant the defendant a limited license to allow the defendant to drive in order to make a living. A limited license will only be granted if the court deems the defendant not to be a risk to the public. The court will also review the defendant’s past offenses in determining whether or not to grant a limited license.
If the court grants a limited license, the defendant must also request a limited license from the Alaska DMV. The DMV will charge a non refundable fee of $100 for this request. Before the DMV grants the defendant a limited license, they will require proof of an Alaska SR22 policy.
Alaska Fourth Offense DUI Penalties
A fourth DUI offense within 10 years may be classified by the court as a misdemeanor charge or a felony charge based upon when the prior offenses occurred. A fourth offense in Alaska carries the following penalties:
Jail time: The mandatory minimum jail time for a fourth offense misdemeanor charge is 120 days in jail. The minimum jail time for a fourth offense felony charge is 240 days in jail. The amount of jail time can be increased at the judges discretion based upon the circumstances surrounding the arrest and previous convictions.
Fines: The minimum fines for a misdemeanor fourth offense charge in Alaska will be $5,000 and can be increased based upon the circumstances surrounding the arrest and previous convictions. The minimum fines for a felony fourth offense charge is $10,000 and can be increased based upon the circumstances surrounding the arrest and previous convictions.
There is also a $2,000 imprisonment fee for a fourth offense misdemeanor charge, this fee is in addition to the $5,000 minimum fines for a misdemeanor fourth offense.
Surcharges: The defendant will have to pay the court a surcharge fee of $125 for a misdemeanor charge and $200 for a felony charge, these amounts can be increased by an additional $100 if the defendant’s probation is revoked.
Ignition interlock: All fourth time offenders are required to install an ignition interlock device on all vehicles they own for a period of 2 years.
DUI Classes: All fourth time offenders are required to complete a state approved DUI class.
License Revocation: The defendant’s license will be revoked for 5 years for a fourth offense misdemeanor charge. The defendant’s license will be revoked for life for a felony fourth offense charge.
If the charge is a misdemeanor, the court may grant the defendant a limited license to allow the defendant to drive in order to make a living. A limited license will only be granted if the court deems the defendant not to be a risk to the public. The court will also review the defendant’s past offenses in determining whether or not to grant a limited license.
If the court grants a limited license, the defendant must also request a limited license from the Alaska DMV. The DMV will charge a non refundable fee of $100 for this request. Before the DMV grants the defendant a limited license, they will require proof of Alaska SR22 insurance.
Additional Alaska DUI Resources
- Alaska First Offense DUI – First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.
- Alaska Second Offense DUI – Second offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.
- Alaska Third Offense DUI – Third offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.
- Alaska SR22 Insurance Filing – We have compiled everything you need to know about Alaska’s SR22 insurance and filing requirements including important addresses, phone numbers, etc.
- Alaska DUI Classes – We offer a complete listing of state approved DUI & alcohol abuse classes.
- Alaska Bail Bondsmen – Comprehensive list of Alaska bail bond agents including address, phone, website, etc.
- State Statutes – Complete Alaska DUI statute regarding DUI laws and penalties.