All Laws Decoded

DUI Laws in Alaska

The legal BAC limit in Alaska, first-offense DUI penalties, what happens if you refuse a test, and how long a DUI counts.

Short answer: 0.08% for drivers generally (presumed under the influence); 0.04% for commercial motor vehicle drivers. Drivers under 21 face administrative revocation if a breath test shows any amount of alcohol. AS 28.35.030; Alaska DMV Driver Manual

Legal BAC limit0.08% for drivers generally (presumed under the influence); 0.04% for commercial motor vehicle drivers. Drivers under 21 face administrative revocation if a breath test shows any amount of alcohol.
First-offense DUI penaltiesA first DUI is a class A misdemeanor carrying 10 points. After arrest with a breath result of 0.08% or more, the DMV revokes the license administratively for 90 days, separately from the court case. After a DUI or refusal conviction, an ignition interlock device is required for at least 6 months. The DMV's list of typical first-DUI consequences includes 3 days in jail, $1,500 in court fines, 30-day loss of the vehicle, and SR-22 insurance.
The jail and fine figures come from the DMV's consequences list; the statutory minimum sentence was not read directly from the statute.
When a DUI is a felonyDUI is a class C felony if the person has two or more prior DUI-type convictions since January 1, 1996 and within the 10 years before the current offense, or if the person received felony DUI or felony refusal punishment within the last 10 years. A felony DUI carries a fine of at least $10,000, at least 60 months of ignition interlock after the license is restored, and mandatory jail time that rises with the number of prior convictions (for example, at least 120 days with two priors).
Re-verified 2026-10-27.
Refusing a breath testDriving in Alaska means consenting to a breath test after a lawful DUI arrest. Refusal is a separate criminal offense (misdemeanor or felony depending on priors) and leads to DMV administrative revocation: 90 days for a first offense, 1 year with one prior DUI/refusal, 3 years with two, and 5 years with three or more. No limited license is issued after a refusal. A hearing must be requested in writing within 7 days of the notice.
DUI lookback periodPrior DUI or refusal convictions from Alaska or another state within the last 15 years are used to set the administrative revocation period.
How long a DUI stays on your recordA DUI conviction is entered on the Alaska driving record with 10 points. The DMV pages read do not say how long the DUI stays on the record. For the criminal case, the DUI statute says a court may not suspend imposition of sentence for a DUI conviction, and for later sentencing a prior conviction counts as a 'previous conviction' if it occurred within the 15 years before the new offense.
Whether any process exists to remove or set aside a DUI conviction from the criminal record was not confirmed from an official page.
Hardship or restricted licenseNo limited 'work purpose' license is available for a points suspension or a refusal revocation. After a misdemeanor DUI, a limited license may be available after the first 30 days (first offense) or 90 days (later offenses), with an ignition interlock in every vehicle driven, SR-22 insurance and a $100 application fee. A felony-DUI limited license requires participation in or completion of a Wellness/Therapeutic Court. A limited license for work or medical care may be available after a mandatory-insurance suspension if there was no such suspension in the previous 10 years.

Where to get help in Alaska

More Alaska traffic tickets & dui

FAQ

What is the legal blood alcohol limit in Alaska?
0.08% for drivers generally (presumed under the influence); 0.04% for commercial motor vehicle drivers. Drivers under 21 face administrative revocation if a breath test shows any amount of alcohol.
What is the penalty for a first DUI in Alaska?
A first DUI is a class A misdemeanor carrying 10 points. After arrest with a breath result of 0.08% or more, the DMV revokes the license administratively for 90 days, separately from the court case. After a DUI or refusal conviction, an ignition interlock device is required for at least 6 months. The DMV's list of typical first-DUI consequences includes 3 days in jail, $1,500 in court fines, 30-day loss of the vehicle, and SR-22 insurance.
Is a DUI a felony in Alaska?
DUI is a class C felony if the person has two or more prior DUI-type convictions since January 1, 1996 and within the 10 years before the current offense, or if the person received felony DUI or felony refusal punishment within the last 10 years. A felony DUI carries a fine of at least $10,000, at least 60 months of ignition interlock after the license is restored, and mandatory jail time that rises with the number of prior convictions (for example, at least 120 days with two priors).
What happens if you refuse a breathalyzer in Alaska?
Driving in Alaska means consenting to a breath test after a lawful DUI arrest. Refusal is a separate criminal offense (misdemeanor or felony depending on priors) and leads to DMV administrative revocation: 90 days for a first offense, 1 year with one prior DUI/refusal, 3 years with two, and 5 years with three or more. No limited license is issued after a refusal. A hearing must be requested in writing within 7 days of the notice.
How long does a DUI count as a prior offense in Alaska?
Prior DUI or refusal convictions from Alaska or another state within the last 15 years are used to set the administrative revocation period.
How long does a DUI stay on your record in Alaska?
A DUI conviction is entered on the Alaska driving record with 10 points. The DMV pages read do not say how long the DUI stays on the record. For the criminal case, the DUI statute says a court may not suspend imposition of sentence for a DUI conviction, and for later sentencing a prior conviction counts as a 'previous conviction' if it occurred within the 15 years before the new offense.
Can you get a hardship license in Alaska?
No limited 'work purpose' license is available for a points suspension or a refusal revocation. After a misdemeanor DUI, a limited license may be available after the first 30 days (first offense) or 90 days (later offenses), with an ignition interlock in every vehicle driven, SR-22 insurance and a $100 application fee. A felony-DUI limited license requires participation in or completion of a Wellness/Therapeutic Court. A limited license for work or medical care may be available after a mandatory-insurance suspension if there was no such suspension in the previous 10 years.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.