Alaska · DUI · Checked October 2026
Refusing a Breath or Blood Test in Alaska
Refusing a Breath or Blood Test in Alaska: What Are the Rules?
What happens if you refuse a breath or blood test in Alaska.
- Refusal penalty
- 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
- License suspension for refusing
- Same periods: 90 days (first offense); 1 year with one prior; 3 years with two priors; 5 years with three or more
- Deadline to challenge
- 7 days
Refusal Penalties in Alaska
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)
License Suspension for Refusing in Alaska
same periods: 90 days (first offense); 1 year with one prior; 3 years with two priors; 5 years with three or moreAS 28.15.165(a), (c), (d); AS 28.15.166(a), (b); AS 28.15.181(c)
More on DUI Law in Alaska
See the full overview of DUI laws in Alaska and read about implied consent laws in every state.
This page summarizes Alaska law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Alaska can advise on your case.
Frequently Asked Questions
What Happens if You Refuse a Breath Test in Alaska?
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.
How Long Is the Suspension for Refusing?
same periods: 90 days (first offense); 1 year with one prior; 3 years with two priors; 5 years with three or more