Detailed Overview of Alaska DUI Laws

You should know that according to Alaska DUI laws, your arrest will trigger two separate cases – a criminal case and an administrative case.

Criminal Case

Your criminal case could result in serious punishments like going to jail and paying huge fines. You may also be required to attend alcohol education classes, and to install an ignition interlock system in your vehicle. An Alaska DUI attorney will be able to fight your criminal charges and could get you a much better outcome in your case. This is why it is so important after an Alaska DUI arrest, to reach out to one of our knowledgeable drunk driving lawyers right away.

Your criminal case can be prosecuted on one of two theories: either violation of Alaska’s "per se" law by driving with a blood or breath alcohol content of .08% or higher, or by driving while impaired. Impairment, for purposes of Alaska DUI laws, can be proved by driving patterns, field sobriety test performance, and chemical test results. A skilled DUI defense lawyer will know how to deal with each type of evidence in an Alaska drunk driving case. Thankfully, someone accused of drunk driving in Alaska has the right to a trial to defend him or herself in a court of law. If you need help with your DUI charges, contact a skilled attorney right away.

Administrative Case

You are also facing a case against the DMV after your Alaska DUI arrest. YOU ONLY HAVE 7 DAYS TO REQUEST A HEARING WITH THE DMV AFTER YOUR ARREST TO MAKE SURE THAT YOU DON’T LOSE YOUR LICENSE! If you are unsure how to make this request, you must contact a local DUI attorney. Our lawyers can help you fight to save your license after your drunk driving arrest. Whether you submitted to a breath test or not, you could lose your license. If your BAC was above .08% or you refused to take the breath test, you are at risk of losing your license. The only way to possibly avoid this administrative revocation is to contest the revocation by requesting an Administrative Review/Hearing within seven (7) days of your arrest.  Even if you win the criminal case, you can still lose the administrative case so consult with a lawyer to discuss your options. 

The revocation of your license is initiated on the date of the arrest by the officer serving a copy of a "Notice And Order Of Revocation" on the driver who is arrested for suspicion of violating Alaska DUI laws. From the time this document is served on the driver, the driver has 7 days to request an Administrative Review/Hearing of the revocation.

A person who contests the revocation by filing a request for a hearing within 7 days after the Notice And Order Of Revocation is served, may be successful in preventing the DMV from revoking his license. If the driver does not request a hearing within 7 days, the license revocation will go into effect the following day, by default, and the driver will not have an opportunity to contest the revocation period.

Even if you win your criminal case, according to Alaska DUI laws, you can still lose your license after your Alaska DUI arrest. However, it’s important to note that you can get a limited license for work purposes if you have a skilled Alaska DUI attorney on your side.

The period of the revocation varies depending on whether the driver has any DUI convictions in Alaska or any other state. If the driver has no prior convictions for DUI or refusal, the revocation period is 90 days. You can get a limited license only during the last 60 days of this 90 day period if the revocation is for a breath test result of .08 or greater, but not for refusal. Talk to an attorney who can help you try and get a limited license.

Will You Lose Your License and for How Long?

•  If the driver has 1 prior DUI or refusal conviction, the revocation period is 1 year, with no opportunity for a limited work permit.
•  If the driver has 2 prior convictions, the period of the revocation is for 3 years, with no opportunity for a limited work permit.
•  If the driver has 3 or more DUI convictions, the revocation period is 5 years, with no opportunity for a limited work permit.

If your license is revoked by the DMV, you will need to pay a fee to the DMV and take any additional testing they require in order to get your driving privileges reinstated. You will also be required to show proof of insurance for a period of 3 years after the revocation period ends. This usually involves increased insurance premiums.

The Administrative Review/Hearing offers your attorney the opportunity to cross-examine the officers involved in your arrest and investigation so that important issues can be reviewed before the criminal DUI case is resolved. The sworn testimony of the officers is recorded and can be very important in helping to resolve or win the criminal DUI case. This also provides an important way to impeach the officer if he attempts to testify in a different fashion later on at trial in the criminal case. Further, this will give you and your attorney the opportunity to hear the officer's testimony under oath, and obtain a better understanding of their observations and the extent of the evidence that they have against you.

The Administration Hearing is also important because if you request a hearing within 7 days, you will be granted temporary driving privileges by the DMV at least until the date of your Administrative Review/Hearing. Usually, the Administrative Hearing is scheduled within approximately 1 month after you request the hearing, although the hearing may be continued for a longer time after your attorney enters his/her appearance on your behalf.

The penalty upon conviction of a first DUI offense in Alaska: - Class A Misdemeanor

• Fines: $1,500 minimum
• Imprisonment: mandatory minimum 72 consecutive hours
• Drivers License Suspension: 90-day drivers license suspension (limited license available after the first 30 days)
• Ignition Interlock: 12 months ignition interlock restriction upon license restoration
• A mandatory drug and  alcohol evaluation
• Attendance  of an alcohol or drug treatment program
• SR-22 Insurance required to drive 

The penalty upon conviction of a second DUI offense in Alaska - Class A Misdemeanor

• Fines: $3,000 minimum
• Imprisonment: mandatory minimum 20 days
• Drivers License Revocation: 1-year drivers license revocation (limited license available after the first 90 days)
• Ignition Interlock: 24 months ignition interlock restriction upon license restoration
• Mandatory drug and alcohol evaluation
• Attendance of an alcohol or drug treatment program
• SR-22 Insurance required to drive 

The penalty upon conviction of a third DUI offense in Alaska - Misdemeanor OR Felony

If prior offenses occurred more than 10 years ago - Class A Misdemeanor

• Fines: $4,000 minimum
• Imprisonment: mandatory minimum 60 days
• Drivers License Revocation: 3-year drivers license revocation
• Ignition Interlock: 36 months ignition interlock restriction upon license restoration
• Mandatory drug and alcohol evaluation
• Attendance of an alcohol or drug treatment program
• SR-22 Insurance required to drive 

If prior offenses occurred within the preceding 10 years - Class C Felony

• Fines: $10,000 minimum
• Imprisonment: mandatory minimum 120 days
• Drivers License Revocation: permanent drivers license revocation (can apply for license restoration after 10 years if certain conditions are met)
• Ignition Interlock: 36 months ignition interlock restriction upon license restoration
• Mandatory drug and alcohol evaluation
• Attendance of an alcohol or drug treatment program
• SR-22 Insurance required to drive 
• Vehicle forfeiture

The penalty upon conviction of a fourth DUI offense in Alaska - Misdemeanor OR Felony

If prior offenses occurred more than 10 years ago - Class A Misdemeanor

• Fines: $5,000 minimum
• Imprisonment: mandatory minimum 120 days
• Drivers License Revocation: 5-year drivers license revocation
• Ignition Interlock: 36 months ignition interlock restriction upon license restoration
• Mandatory drug and alcohol evaluation
• Attendance of an alcohol or drug treatment program
• SR-22 Insurance required to drive 

If prior offenses occurred within the preceding 10 years - Class C Felony

• Fines: $10,000 minimum
• Imprisonment: mandatory minimum 240 days
• Drivers License Revocation: permanent drivers license revocation (can apply for license restoration after 10 years if certain conditions are met)
• Ignition Interlock: 36 months ignition interlock restriction upon license restoration
• Mandatory drug and alcohol evaluation
• Attendance of an alcohol or drug treatment program
• SR-22 Insurance required to drive 
• Vehicle Forfeiture

If you are a commercial driver and are convicted of drunk driving while operating a commercial motor vehicle or noncommercial motor vehicle, there is a lot at risk. According to the Alaska Commerical Driver License Manual, a commercial driver will have 1-year disqualification of their commercial driving privileges. If there is a second offense, the disqualification will be extended to a lifetime. Additionally, while the legal BAC limit is .08 in Alaska, drivers operating a commercial motor vehicle can not drive if their BAC is above .04 percent. 

Major Disqualifying Offenses

Applicable when operating a CMV or non CMV. Disqualification periods are
enhanced if operating a CMV while transporting hazardous materials or passengers, or in connection with a felony
involving controlled substances (CFR 383.51 table 1).

• DUI
• Refusal
• Leaving the scene of an accident
• Felony involving a motor vehicle
• Driving while license revoked/suspended/canceled or disqualified
• Causing a fatality while driving a CMV by negligent driving or by committing a felony