Alaska DUI Laws

Last reviewed July 2026 · 10 primary sources · How we research and review these pages

Reviewed by the LegalLimit editorial team →

Standard BAC limit

0.08%

Commercial driver BAC

0.04%

Under-21 BAC

> 0.00%

Prior-offense lookback

Multiple parallel windows

15-year tier counter (AS 28.35.030(w)(4) "previously convicted"): 15-year window. 10-year felony-elevation overlay (AS 28.35.030(n); also captures AS 28.35.032(p) prior-felony-punishment trigger): 10-year window.

Aggravating factors

Refusal is a separate crime with consecutive sentencing: Refusing a chemical test after a lawful DUI arrest is not just a license matter in Alaska — it is a standalone crime under AS 28.35.032 (class A misdemeanor, or class C felony on the same 10-year / prior-felony-punishment trigger as AS 28.35.030(n)). The misdemeanor refusal penalty ladder at AS 28.35.032(g)(1)(A)–(F) mirrors the DUI ladder: 72 hours / $1,500 / 6-month IID (first); 20 days / $3,000 / 12 months (second); 60 days / $4,000 / 18 months (third); 120 days / $5,000 / 24 months (fourth); 240 days / $6,000 / 30 months (fifth); 360 days / $7,000 / 36 months (sixth or more). The felony refusal tier at AS 28.35.032(p)(1) carries a $10,000 minimum fine, a 60-month IID minimum, mandatory permanent revocation, mandatory vehicle forfeiture, and mandatory minimum imprisonment of 120 days (two priors), 240 days (three priors), or 360 days (four or more priors). The refusal sentence runs CONSECUTIVELY with any DUI sentence from the same arrest (AS 28.35.032(g)(5), (p)(5)) — they do not merge. The refusal is admissible at the DUI trial (AS 28.35.032(e)). A driver involved in an accident causing death or serious physical injury has no right to refuse under AS 28.35.035.
Prior refusal counts as a prior conviction: A prior conviction for refusal under AS 28.35.032 counts toward the prior-conviction total on a current DUI charge under the AS 28.35.030(w)(4) 'previously convicted' definition. A prior CMV DUI under AS 28.33.030 also counts. However, a DUI and a refusal arising from the same transaction and arrest count as ONE previous conviction (AS 28.35.032(j)) — not two.
Prior felony-level punishment triggers felony on the next DUI: A current DUI is charged as a class C felony under AS 28.35.030(n) not only when the driver has two or more countable priors within the 10 years preceding the present offense, but ALSO when felony-level punishment under AS 28.35.030(n) or AS 28.35.032(p) was previously imposed within the last 10 years — regardless of the 15-year misdemeanor counter. A single prior felony DUI within 10 years therefore re-routes the next offense to the felony tier.
Repeat felony DUI triggers permanent revocation with no restoration: A defendant convicted under AS 28.35.030(n) who has been convicted two or more times under (n) at any time faces PERMANENT license revocation with NO restoration path under AS 28.35.030(u). A defendant whose license was previously restored under (o) and who is convicted of a subsequent DUI faces permanent revocation with no restoration under AS 28.35.030(v). These two provisions override the (o) restoration mechanism.
DUI contributing to an accident: emergency-response costs ordered: If the DUI contributed to a motor-vehicle accident, the court SHALL order the convicted person to pay the reasonable cost of every emergency service that responded — police, fire department, ambulance, EMT, or emergency trauma technician — unless the person or their insurer has already paid it (AS 28.35.030(m)). The payment goes directly to the emergency service and equals the actual response cost or the prior year's average cost of responding to a motor-vehicle accident, whichever is higher.
DUI causing serious injury or death: A DUI that causes serious physical injury or death is prosecuted under Alaska's general assault and homicide statutes in Title 11 (AS 11.41), not under AS 28.35.030. Depending on the driver's mental state, a fatal DUI may be charged as second-degree murder (AS 11.41.110), manslaughter (AS 11.41.120), or criminally negligent homicide (AS 11.41.130); a serious injury may be charged as assault. These are unclassified or class A/B felonies carrying far longer prison terms than a class C felony DUI. A driver involved in a fatal or serious-injury accident also loses the right to refuse chemical testing under AS 28.35.035(a). Conviction of certain Title 11 felonies also bars license restoration under the AS 28.35.030(o) carve-outs (AS 11.41.100–.210, .280, .282).

Alaska prosecutes DUI under a single statute — AS 28.35.030 — covering both a 0.08% per se limit (a)(2) and impairment-based DUI (a)(1) from alcohol, inhalants, or controlled substances, singly or in combination. The misdemeanor penalty ladder (b)(1)(A)–(F) is keyed strictly to prior-conviction count within a 15-year 'previously convicted' window (w)(4): zero priors → 72 hours / $1,500; one prior → 20 days / $3,000; two priors → 60 days / $4,000; three priors → 120 days / $5,000; four priors → 240 days / $6,000; five or more → 360 days / $7,000 — each with escalating IID minimums (6, 12, 18, 24, 30, 36 months). IID is mandatory at every tier; the only waiver is the remote-community carve-out at AS 28.35.030(t) for communities without IID service availability. A separate 10-year felony-elevation window at (n) re-routes the case to a class C felony when the driver has two or more countable priors within 10 years, or when felony-level punishment was previously imposed within 10 years; the felony tier carries a $10,000 minimum fine, a 60-month IID minimum, mandatory vehicle forfeiture, mandatory vehicle-registration revocation, and permanent license revocation subject to restoration after 10 years under (o). Two features stand out. First, refusing a chemical test is itself a separate class A misdemeanor (or class C felony) under AS 28.35.032 with its own penalty ladder, and the refusal sentence runs CONSECUTIVELY with any DUI sentence from the same arrest (AS 28.35.032(g)(5)) — they do not merge. Second, Alaska's zero-tolerance law for drivers under 21 (AS 28.35.280) prohibits operating with ANY quantity of alcohol and is charged as an infraction, not a DUI; a driver under 21 at 0.08 or above is additionally charged under AS 28.35.030. Pending legislation: HB 2 (34th Legislature) would create a DUI/refusal diversion program for eligible persons, but as of this page's review date it had not been reported out of the House State Affairs committee (status '(H) STA', last action 'heard and held' 3/13/2025) and is not yet law — see the Alaska Legislature bill tracker (https://www.akleg.gov/basis/Bill/Detail/34?Root=HB%20%202). This page reflects current enacted law; re-check the bill status before relying on the diversion program.

Alaska DUI penalties by offense tier

Offense tier	Fine	Jail	License action	Ignition interlock
First offense (no prior convictions within 15 years)	$1,500–$25,000	3 days–1 year (Mandatory minimum of 72 consecutive hours (AS 28.35.030(b)(1)(A)); may be served at a community residential center or by electronic monitoring under AS 28.35.030(k).)	Revoked for 90 days — A 90-day license revocation imposed by the court (AS 28.15.181(c)(1)). A limited license may be available under AS 28.15.201. A separate administrative revocation may also apply under AS 28.15.165 and may run concurrently or consecutively (AS 28.15.181(c)).	Required (6 months)
Second offense (one prior conviction within 15 years)	$3,000–$25,000	20 days–1 year (Mandatory minimum of 20 days (AS 28.35.030(b)(1)(B)); may be served at a community residential center or private residence with electronic monitoring. The defendant shall also perform at least 160 hours of community service (AS 28.35.030(k)).)	Revoked for 1 year — A one-year license revocation (AS 28.15.181(c)(2)). The court may not grant limited license privileges during the minimum revocation period except as provided in AS 28.15.201.	Required (12 months)
Third or subsequent offense — misdemeanor ladder or class C felony	$4,000–$50,000 (Third-offense misdemeanor floor of $4,000 (AS 28.35.030(b)(1)(C)). The felony tier under (n)(1) carries a higher floor of $10,000.; The class C felony fine ceiling is $50,000 (AS 12.55.035(b)(4)); the class A misdemeanor ceiling is $25,000 (AS 12.55.035(b)(5)).)	2 months–5 years (Third-offense misdemeanor floor of 60 days (AS 28.35.030(b)(1)(C)). A defendant charged under the felony tier (n)(1)(A) faces a 120-day floor; (n)(1)(B) 240 days; (n)(1)(C) 360 days. Misdemeanor rungs (b)(1)(D)–(F) carry 120/240/360-day floors when the felony trigger does not apply.; The class C felony sentencing cap is 5 years (1,825 days) under AS 12.55.125(e); the class A misdemeanor cap is 1 year (365 days) under AS 12.55.135(a).)	Lifetime revocation — Felony tier: the court shall PERMANENTLY revoke the driver's license under AS 28.35.030(n)(3), subject to restoration after at least 10 years under AS 28.35.030(o) (provided the person has not been convicted of a driving-related criminal offense or a felony in those 10 years and provides proof of financial responsibility). A defendant convicted under (n) who has been convicted two or more times under (n) at any time faces permanent revocation with NO restoration path under AS 28.35.030(u); a defendant whose license was previously restored under (o) and who is convicted again faces permanent revocation with no restoration under AS 28.35.030(v). Misdemeanor-path sub-cases: the 3-year revocation at AS 28.15.181(c)(3) applies when the felony trigger does not fire and the person has two priors; the 5-year revocation at AS 28.15.181(c)(4) applies for three or more priors on the misdemeanor ladder.	Required (18 months)

Frequently asked questions

What is the legal BAC limit in Alaska?

The per se limit is 0.08% (AS 28.35.030(a)(2)). A driver can also be convicted under (a)(1) for operating while under the influence of alcohol, inhalants, or controlled substances with no specific concentration. The limit is 0.04% for commercial drivers (AS 28.33.030(a)(2)) and any detectable amount above zero for drivers under 21 (AS 28.35.280).

What are the penalties for a first DUI in Alaska?

A first offense is a class A misdemeanor under AS 28.35.030(b)(1)(A). The mandatory minimum is 72 consecutive hours of imprisonment (served at a community residential center or by electronic monitoring) and a $1,500 fine, plus a 6-month ignition interlock requirement after reinstatement. The court may not suspend these minimums. The maximum is 1 year in jail and a $25,000 fine. The court shall revoke your license for at least 90 days (AS 28.15.181(c)(1)).

What are the penalties for a second DUI in Alaska?

A second offense within 15 years is a class A misdemeanor under AS 28.35.030(b)(1)(B). The mandatory minimum is 20 days imprisonment, a $3,000 fine, and a 12-month IID requirement, plus at least 160 hours of community service (AS 28.35.030(k)). The maximum is 1 year in jail and a $25,000 fine. The court shall revoke your license for at least one year (AS 28.15.181(c)(2)).

What are the penalties for a third or subsequent DUI in Alaska?

A third offense within 15 years carries escalating mandatory minimums: 60 days / $4,000 (two priors); 120 days / $5,000 (three priors); 240 days / $6,000 (four priors); or 360 days / $7,000 (five or more priors) under AS 28.35.030(b)(1)(C)–(F). The court shall revoke your license for at least 3 years (two priors) or 5 years (three or more priors) under AS 28.15.181(c)(3)–(4). If the felony trigger under AS 28.35.030(n) applies (two or more priors within the last 10 years, or prior felony-level punishment within 10 years), the offense becomes a class C felony with a $10,000 minimum fine, 120–360 days mandatory minimum imprisonment, a 60-month IID minimum, permanent license revocation, and mandatory vehicle forfeiture.

When does a DUI become a felony in Alaska?

A DUI is charged as a class C felony under AS 28.35.030(n) when the driver has two or more countable prior convictions within the 10 years preceding the present offense, OR when felony-level punishment under (n) or AS 28.35.032(p) was previously imposed within the last 10 years. The felony tier carries a $10,000 minimum fine, 120–360 days mandatory minimum imprisonment (depending on prior count), a 60-month IID minimum, permanent license revocation (restorable after 10 years under (o)), and mandatory vehicle forfeiture. The maximum prison term is 5 years under AS 12.55.125(e).

What happens if I refuse the breath or blood test in Alaska?

Under Alaska's implied-consent law (AS 28.35.031), refusing a chemical test after a lawful arrest is itself a separate crime under AS 28.35.032 — a class A misdemeanor carrying the same mandatory-minimum penalty ladder as a DUI (72 hours / $1,500 / 6-month IID for a first refusal), and a class C felony on the same 10-year trigger. The refusal sentence runs CONSECUTIVELY with any DUI sentence from the same arrest (AS 28.35.032(g)(5)). The refusal is admissible as evidence against you at your DUI trial (AS 28.35.032(e)). If you were involved in an accident causing death or serious physical injury, you have no right to refuse under AS 28.35.035.

How long will my license be revoked after a DUI in Alaska?

The court shall revoke your driver's license on conviction: 90 days for a first offense, 1 year for a second, 3 years for a third, and 5 years for a fourth or subsequent offense (AS 28.15.181(c)). A limited license may be available under AS 28.15.201 after the minimum revocation period. A felony DUI under AS 28.35.030(n) carries PERMANENT revocation (AS 28.35.030(n)(3)), restorable after 10 years under (o) provided you have no driving-related or felony convictions in that period. A second felony-tier conviction, or any conviction after a prior restoration under (o), carries permanent revocation with no restoration path (AS 28.35.030(u)–(v)).

Does Alaska require an ignition interlock device after a DUI?

Yes — IID is mandatory at every tier under AS 28.35.030(b)(1)(A)–(F) and (n)(1). The minimum IID period scales with prior-conviction count: 6 months (first offense), 12 months (second), 18 months (third), 24 months (fourth), 30 months (fifth), 36 months (sixth or more), and 60 months on the felony tier. The court may not suspend the IID requirement for an alcohol or per se violation (AS 28.35.030(b)(2)(C)). The only waiver is the remote-community carve-out at AS 28.35.030(t) for communities without IID service availability.

What are the under-21 DUI rules in Alaska?

Alaska has a zero-tolerance law for drivers under 21 (AS 28.35.280): a person at least 14 but not yet 21 commits the offense of 'minor operating a vehicle after consuming alcohol' by operating a vehicle after consuming ANY quantity of alcohol. It is charged as an infraction, not a DUI — with fines of $500 / $1,000 / $1,500 (first / second / third or subsequent) and 20–80 hours of community work service. A driver under 21 at 0.08 or above is also charged with standard DUI under AS 28.35.030 on top of the zero-tolerance infraction.

How long do prior DUIs count against me in Alaska?

Two windows apply. The 15-year 'previously convicted' window at AS 28.35.030(w)(4) governs which penalty rung applies on the misdemeanor ladder — priors older than 15 years do not count toward tier placement. A separate 10-year window at AS 28.35.030(n) governs the felony trigger — two or more priors within 10 years (or prior felony-level punishment within 10 years) re-routes the case to a class C felony. Countable offenses include out-of-state DUI, refusal under AS 28.35.032, and CMV DUI under AS 28.33.030. A DUI and a refusal from the same arrest count as ONE prior (AS 28.35.032(j)).

Sources

Alaska Statutes § 12.55.035 — Fines (Alaska Stat., via Justia) — Accessed July 6, 2026
Alaska Statutes § 12.55.125 — Sentences of imprisonment for felonies (Alaska Stat., via Justia) — Accessed July 6, 2026
Alaska Statutes § 12.55.135 — Sentences of imprisonment for misdemeanors (Alaska Stat., via Justia) — Accessed July 6, 2026
Alaska Statutes § 28.15.181 — Court suspensions, revocations, and limitations of driver's license (Alaska Stat., via Justia) — Accessed July 6, 2026
Alaska Statutes § 28.33.030 — Operating a commercial motor vehicle while under the influence (Alaska Stat., via Justia) — Accessed July 6, 2026
Alaska Statutes § 28.35.030 — Operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance (Alaska Stat., via Justia) — Accessed July 6, 2026
Alaska Statutes § 28.35.031 — Implied consent (Alaska Stat., via Justia) — Accessed July 6, 2026
Alaska Statutes § 28.35.032 — Refusal to submit to chemical test (Alaska Stat., via Justia) — Accessed July 6, 2026
Alaska Statutes § 28.35.035 — Administration of chemical tests without consent (Alaska Stat., via FindLaw) — Accessed July 6, 2026
Alaska Statutes § 28.35.280 — Minor operating a vehicle after consuming alcohol (Alaska Stat., via Justia) — Accessed July 6, 2026

Alaska DUI Laws

Frequently asked questions

Sources

Related states