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)

Official source: refusal penalties (Alaska)

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)

Official source: license suspension for refusing (Alaska)

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

Sources

  1. Implied consent: AS 28.35.032(a), (f), (g); AS 28.35.031(e)
  2. License suspension and hearing: AS 28.15.165(a), (c), (d); AS 28.15.166(a), (b); AS 28.15.181(c)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.