Alaska · DUI
Alaska DUI laws and penalties
Alaska's legal BAC limit is 0.08%. For a first offense, Alaska's statute provides jail of 72 hours to 1 year and a fine of $1,500 to $25,000. The license hearing, the ignition interlock rule and the statute behind every figure are below.
Figures read from official pages on .
Alaska DUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- None
- No higher tier in the law
- Zero tolerance (under 21)
- 0.00%
- Any trace may result in DUI
- Lookback period
- 15 years
- Prior DUI offenses that count
License hearing: ask within 7 days
Ask for the review in writing within 7 days of receiving the notice; after that the right to review is waived. Count the days with the license-hearing window calculator.Higher BAC level. No high-BAC tier: penalties depend on the number of prior convictions, not on the alcohol level.
Ignition interlock. At least six months after you regain the privilege, ordered by the court; waived in communities off the road system.
01Penalties
Alaska DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | 72 hours | 20 days |
| Jail (maximum) | 1 year | 1 year |
| Fine (minimum) | $1,500 | $3,000 |
| Fine (maximum) | $25,000 | $25,000 |
| License suspension | 90 days minimum | 1 year minimum |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Alaska compares
Of the 49 states with a confirmed BAC limit, 48 (Alaska among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Alaska requires one after every first conviction.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Alaska gives 7.
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DUI case moves through the system in Alaska
Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Ask for the review in writing within 7 days of receiving the notice; after that the right to review is waived.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Alaska's statute provides jail of 72 hours to 1 year and a fine of $1,500 to $25,000. See the penalties table above.
04Sources
Where Alaska's figures come from
- AS 28.35.030(a) (akleg.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · Lookback period · Ignition interlock, first offense · First offense: jail, minimum · First offense: fine, minimum · Second offense: jail, minimum · Second offense: fine, minimum
- AS 28.35.280(a) (akleg.gov)BAC limit under 21
- AS 28.15.166(b) (akleg.gov)License hearing request
- AS 12.55.135(a) (akleg.gov)First offense: jail, maximum · Second offense: jail, maximum
- AS 12.55.035(b)(5) (akleg.gov)First offense: fine, maximum · Second offense: fine, maximum
- AS 28.15.181(c)(1) (akleg.gov)First offense: license · Second offense: license
Show the exact words behind each figureHide the exact words
- Main statute
Alaska Stat. § 28.35.030
AS 28.35.030(a)
Sec. 28.35.030. Operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance.
- BAC limit, age 21 and over
0.08%
AS 28.35.030(a)(2)
there is 0.08 percent or more by weight of alcohol in the person's blood or 80 milligrams or more of alcohol per 100 milliliters of blood,
- Higher BAC level
None set by the law
AS 28.35.030
(b) Except as provided under (n) of this section, driving while under the influence of an alcoholic beverage, inhalant, or controlled substance is a class A misdemeanor. Upon conviction, (1) the court shall impose a minimum sentence of imprisonment of (A) not less than 72 consecutive hours, require the person to use an ignition interlock device after the person regains the privilege ... and impose a fine of not less than $1,500 if the person has not been previously convicted; (B) not less than 20 days ... and impose a fine of not less than $3,000 if the person has been previously convicted once
- BAC limit under 21
0.00%
AS 28.35.280(a)
A person who is at least 14 years of age but not yet 21 years of age commits the offense of minor operating a vehicle after consuming alcohol if the person operates or drives a motor vehicle or operates an aircraft or a watercraft after having consumed any quantity of alcohol.
- Lookback period
15 years
AS 28.35.030(w)(4)
means having been convicted in this or another jurisdiction within the 15 years preceding the date of the present offense of any of the following offenses;
- License hearing request
7 days
AS 28.15.166(b)
A request for review of the department's action under AS 28.15.165 shall be made within seven days after receipt of the notice under AS 28.15.165 or the right to review is waived
- Ignition interlock, first offense
Required after a first conviction
AS 28.35.030(b)(1)(A)
not less than 72 consecutive hours, require the person to use an ignition interlock device after the person regains the privilege, including any limited privilege, to operate a motor vehicle for a minimum of six months, and impose a fine of not less than $1,500 if the person has not been previously convicted;
- First offense: jail, minimum
72 hours
AS 28.35.030(b)(1)(A)
Same passage as above.
- First offense: jail, maximum
1 year
AS 12.55.135(a)
A defendant convicted of a class A misdemeanor may be sentenced to a definite term of imprisonment of not more than one year.
- First offense: fine, minimum
$1,500
AS 28.35.030(b)(1)(A)
not less than 72 consecutive hours, require the person to use an ignition interlock device after the person regains the privilege, including any limited privilege, to operate a motor vehicle for a minimum of six months, and impose a fine of not less than $1,500 if the person has not been previously convicted;
- First offense: fine, maximum
$25,000
AS 12.55.035(b)(5)
(4) $50,000 for a class C felony; (5) $25,000 for a class A misdemeanor;
- First offense: license
90 days minimum
AS 28.15.181(c)(1)
the minimum periods of revocation are (1) not less than 90 days if the person has not been previously convicted;
- Second offense: jail, minimum
20 days
AS 28.35.030(b)(1)(B)
not less than 20 days, require the person to use an ignition interlock device after the person regains the privilege, including any limited privilege, to operate a motor vehicle for a minimum of 12 months, and impose a fine of not less than $3,000 if the person has been previously convicted once;
- Second offense: jail, maximum
1 year
AS 12.55.135(a)
A defendant convicted of a class A misdemeanor may be sentenced to a definite term of imprisonment of not more than one year.
- Second offense: fine, minimum
$3,000
AS 28.35.030(b)(1)(B)
not less than 20 days, require the person to use an ignition interlock device after the person regains the privilege, including any limited privilege, to operate a motor vehicle for a minimum of 12 months, and impose a fine of not less than $3,000 if the person has been previously convicted once;
- Second offense: fine, maximum
$25,000
AS 12.55.035(b)(5)
(4) $50,000 for a class C felony; (5) $25,000 for a class A misdemeanor;
- Second offense: license
1 year minimum
AS 28.15.181(c)(2)
the minimum periods of revocation are (1) not less than 90 days if the person has not been previously convicted; (2) not less than one year if the person has been previously convicted once;
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.