Alaska · DUI · Checked October 2026
DUI Laws in Alaska
What Happens if You Get a DUI in Alaska?
Alaska calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.
- License hearing deadline
- 7 days to challenge your license suspension
- First offense jail
- At least 72 consecutive hours, up to 1 year
- First offense fine
- At least $1,500, up to $25,000
- First offense license
- License revoked for at least 90 days
- Felony
- A DUI is a class C felony if you have two or more prior convictions since January 1, 1996 within the 10 years before the offense, or if felony DUI or felony refusal punishment was imposed within the last 10 years
Alaska DUI Laws: Key Facts
- Legal limit (adults)
- 0.08 BACAS 28.35.030(a)(2); AS 28.35.280(a); AS 28.15.165(a)
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0 BAC (any quantity of alcohol (ages 14 to 20))
- Lookback period
- 15 years
- Insurance filing
- SR-22, 5 years from the end of the revocation for a first DUI or refusal conviction, 10 years for a second, 20 years for a third, and for life for a fourth
Alaska DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | Class A misdemeanor | Class A misdemeanor | Class C felony if two or more prior convictions are within the 10 years before the offense; otherwise class A misdemeanor |
| Jail | at least 72 consecutive hours, up to 1 year | at least 20 days, up to 1 year | felony DUI (two priors within 10 years): at least 120 days. If the priors are within 15 years but not both within 10: at least 60 days, up to 1 year |
| Fine | at least $1,500, up to $25,000 | at least $3,000, up to $25,000 | felony DUI: at least $10,000, up to $50,000. Misdemeanor third: at least $4,000 |
| License suspension | license revoked for at least 90 days | license revoked for at least 1 year | felony DUI: permanent revocation, which DMV may restore after at least 10 years (or sooner after a limited license and treatment). Misdemeanor third: at least 3 years |
| Ignition interlock | at least 6 months after you regain the privilege to drive | at least 12 months after you regain the privilege to drive | felony DUI: at least 60 months. Misdemeanor third: at least 18 months |
First offense: AS 28.35.030(b)(1)(A), (b)(3), (h), (k); AS 12.55.135(a); AS 12.55.035(b)(5); AS 28.15.181(c)(1) · Second offense: AS 28.35.030(b)(1)(B), (k); AS 12.55.135(a); AS 12.55.035(b)(5); AS 28.15.181(c)(2) · Third offense: AS 28.35.030(b)(1)(C), (n), (o); AS 12.55.035(b)(4); AS 28.15.181(c)(3)
When Penalties Are Higher
- The DUI contributed to a motor vehicle accident: The court orders you to pay the reasonable cost of the emergency services that respondedAS 28.35.030(m)
- Fourth or later conviction (three or more priors within 15 years), misdemeanor level: At least 120 days and $5,000 (three priors), 240 days and $6,000 (four priors), 360 days and $7,000 (more than four); interlock 24 to 36 months; license revoked at least 5 yearsAS 28.35.030(b)(1)(D)-(F); AS 28.15.181(c)(4)
More on Alaska DUI penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
Refusing a chemical test after a DUI arrest is its own crime, a class A misdemeanor, with the same mandatory jail, fines and interlock as DUI (first offense: at least 72 hours, $1,500 and 6 months of interlock), served consecutively to any other sentence, plus license revocation. Refusing a roadside preliminary breath test is an infraction.AS 28.35.032(a), (f), (g); AS 28.35.031(e)
Official source: if you refuse a breath or blood test in Alaska
Getting a Limited License
Available for a misdemeanor DUI revocation (not refusal) after the first 30 days for a first offense or the first 90 days with a prior; requires an ignition interlock, ASAP compliance and SR-22 insurance. A felony DUI limited license requires at least 6 months in a court-ordered treatment program.
Ignition Interlock
First offense: at least 6 months after you regain the privilege to drive Repeat offenses: at least 12 months (second), 18 months (third), 24 months (fourth), 30 months (fifth), 36 months (more); 60 months for felony DUI The court may not suspend the interlock requirement for an alcohol DUI. It is waived when you drive in a community on the DMV's published list. An interlock is also required on every vehicle you drive with a limited license.
Can a DUI Come Off Your Record?
The court may not suspend imposition of sentence for a DUI conviction
Drivers Under 21
A driver aged 14 to 20 who drives after consuming any quantity of alcohol commits the offense of minor operating a vehicle after consuming alcohol, and may not drive for 24 hours after the citation Infraction. First: $500 fine and 20 to 40 hours of community work service. Second: $1,000 and 40 to 60 hours. Third or later: $1,500 and 60 to 80 hours.
Driving After Using Drugs
Yes. The same DUI statute covers driving under the influence of any controlled substance or inhalant, alone or combined with alcohol
More on DUI Law in Alaska
For the state's own guidance, see Alaska DMV: DUI administrative revocation.
This page summarizes Alaska law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Alaska can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in Alaska?
Jail: at least 72 consecutive hours, up to 1 year. Fine: at least $1,500, up to $25,000. License suspension: license revoked for at least 90 days.
How Long Do You Have to Request a License Hearing in Alaska?
7 days. How it is counted: the date you receive the notice of revocation from the officer; the notice is a temporary license that expires 7 days after delivery. Make a written request: email a completed, signed Hearing Request form to DMV Driver Services and surrender your physical license if you still have it. If you miss it, the suspension usually takes effect automatically.
When Is a DUI a Felony in Alaska?
A DUI is a class C felony if you have two or more prior convictions since January 1, 1996 within the 10 years before the offense, or if felony DUI or felony refusal punishment was imposed within the last 10 years
Do You Need an SR-22 After a DUI in Alaska?
Yes. How long: 5 years from the end of the revocation for a first DUI or refusal conviction, 10 years for a second, 20 years for a third, and for life for a fourth. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.
Sources
- Blood alcohol limits: AS 28.35.030(a)(2); AS 28.35.280(a); AS 28.15.165(a)
- License suspension and hearing: AS 28.15.165(a), (c), (d); AS 28.15.166(a), (b); AS 28.15.181(c)
- Implied consent: AS 28.35.032(a), (f), (g); AS 28.35.031(e)
- Hardship license
- Insurance filing
- Underage drivers
- Official DUI information