DUI/OUI Laws in Alaska

Learn the facts and penalties about DUI/OUI in Alaska.

In Alaska, you can get a DUI/OUI if you have a blood alcohol concentration (BAC) of .08% or higher within four hours of driving or being in physical control of a vehicle, regardless of whether your driving ability was actually impaired. However, you can also get a DUI/OUI for driving or being in physical control of a vehicle while impaired if the prosecution shows that—as the result of ingesting alcohol, drugs, or inhalants, or any combination of these—you were incapable of driving “with the caution characteristic of a person of ordinary prudence who is not under the influence.” And the law in Alaska says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Alaska and other details about Alaska DUI/OUI law.

In Alaska, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI/OUI?

Here are the consequences for not taking a breathalyzer or blood test in Alaska, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

3 days jail; mandatory ignition interlock device; fines up to $1,500

20 days jail; mandatory ignition interlock device; fines up to $3,000

20 days jail; mandatory ignition interlock device; fines up to $3,000

In Alaska, when do police have to measure your BAC?

In Alaska, law enforcement officers are supposed to measure your BAC within four hours of driving. However, prosecutors may be able to prove your culpability for DUI/OUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in Alaska?

In Alaska, the maximum BAC for drivers who are under 21 (considered minors under some drinking and driving laws) is 0%. Alaska is a "zero tolerance" state.

What are the minimum jail times for a DUI/OUI in Alaska?

Here are the minimum jail times for a DUI/OUI in Alaska, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

3 days jail

20 days jail

60 days jail

How long will prior DUI/OUI convictions remain relevant for sentencing purposes in Alaska?

In Alaska, prior DUI/OUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/OUI offense) for good.

Can a DUI/OUI be “pleaded down” to a "wet reckless" in Alaska?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in your state, but it's possible a lawyer may be able to create a plea bargain for you.

If you are interested in contacting a lawyer, you can find a DUI/OUI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI/OUI offenders in Alaska?

Yes, for all convictions, including first offenses.

Where can I get more information about DUI/OUI laws in Alaska?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DWI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Alaska DWI attorneys in your area.

Last updated on 09/01/2010.

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