Alaska DUI Laws

Under Alaskan law, a person who operates a motorized vehicle, aircraft, or watercraft while under the influence of alcohol, or other controlled substance can be arrested for DUI. This includes any substance which is inhaled. If your Blood Alcohol level is .08 or more for up to four hours after operating a vehicle you will be considered to be over the legal limits. It will be considered a class “A” misdemeanor. The limits for those operating a commercial vehicle for transportation of goods, services, or people are lower than those for operating a personal vehicle. The BAC for underage drinkers is zero tolerance.

Conviction can result in 72 hours of jail time and a minimum fine of $1500.00 for the first offense. The second conviction will result in 20 days in jail, and a $3,000.00 minimum fine. The third offense within a five year period will also result in the charge moving from a misdemeanor to a class “C” felony. The fourth offense will result in a $5,000.00 fine and 120 days in jail and the fifth conviction will cost $6,000.00 along with 240 days of jail time. The sixth offense will result in 360 days in jail and $7,000.00 in fines.

Unless you serve the minimum jail time and pay the minimum fines, your sentence will not be suspended and you will not be given probation. You will loose your driver’s license, the privilege to drive and obtain a license when you are convicted of a DUI. You can also loose the vehicle, aircraft, or watercraft you were operating when arrested. The court may also require you to take medication designed to stop you from drinking alcoholic beveridges as a condition of your probation or parole.

The court may order mandatory reports, which can include past and current assessments, treatments and progress, of your current treatment program progress be given to the judge, prosecutor, defendant, and the agency involved with the treatment. This information can only be used for court proceedings dealing with sentencing or pre-sentencing reports.

The BAC of .08 means that anyone at or over that level is considered to be publicly intoxicated. This amounts to less than one alcoholic drink. You do not have to exhibit signs of impairment to be charged with a DUI. If your BAC is high, the state may impose harsher penalties. This level is usually from .15 to .24 or above.

Most states have an implied consent law which mandates that drivers comply with requests for chemical, breath, blood, and/or urine testing when a DUI is in question. Refusal to cooperate can result in suspension of your license for six months to one year. You may loose your license for first, second, and third offenses for up to 90 days to one year. The courts can order that you take Alcohol Education courses and a treatment/assessment program or possibly both. The second offense will cost you your vehicle and you will be ordered to install an Ignition Interlock Device on your vehicle at your own cost.