Alaska DUI Laws

Alaska DUI Laws

Alaska’s DUI law, AS 28.35.030, specifies that anyone operating a motor vehicle, aircraft, or watercraft while under the influence of alcohol, an inhalant, or a controlled substance with a blood alcohol content (BAC) of .08% or higher is considered DUI. If a person is operating a commercial motor vehicle with a BAC of .04% or higher, they are considered DUI-CMV according to AS 28.33.030.

The acceptable BAC limit is lower for commercial drivers, as their vehicles are typically larger than standard passenger vehicles, and alcohol-related accidents involving them can result in significantly more damage and potential fatalities. When stopped on suspicion of DUI in Alaska, the individual will be asked to perform standardized field sobriety tests, followed by a PBT or preliminary blood test.

Depending on the results of the tests and the officer’s observations, the person may or may not be arrested for DUI. If arrested, the individual’s vehicle will be towed at the vehicle owner’s expense, unless there is another sober person present who can take responsibility for the vehicle.

Restricted Alaska Requirements

If your license is suspended you may be eligible for a restricted Alaska driver’s license. A restricted license allows you to drive under certain conditions, such as going to and from work or school. You may also need a restricted license if you are required to undergo a formal alcohol education course.

To qualify for a restricted license, you will need to meet the following eligibility criteria:

  • Have had no convictions for DUI in the last ten years
  • Have completed an alcohol education course (if required)
  • Submit proof of financial responsibility
  • Pay the applicable application and licensing fees
  • Pass a vision test
  • Have valid vehicle insurance coverage.

Once you have met all of the above requirements, you will need to complete and submit an application for a restricted license to the Alaska Division of Motor Vehicles. You will also need to submit any required documentation (such as proof of financial responsibility and insurance).

If your application is approved, you will be issued with a restricted driver’s license valid for one year. The license can be renewed annually as long as you meet the eligibility criteria and pay the applicable fee.

A restricted license is a privilege, not a right, so it’s important to remain in compliance with all of Alaska’s driving laws while you hold your restricted license. Violations of your restriction can result in revocation, fines, jail time, additional suspension periods or other penalties.

Alaska First Offense DUI Penalties

Most First Offense DUI’s in Alaska are considered misdemeanors and carry the following penalties:

  • Up to 90 days in jail
  • Fines of up to $1,000
  • Suspension of the driver’s license for 90 days (or until completion of required alcohol education course and other requirements).
  • Completion of an alcohol treatment program.

In addition to these penalties, you may also be required to install an ignition interlock device on your vehicle for a period of at least six months. Ignition interlock devices require that you provide a breath sample before your vehicle will start, and they record any attempts to drive while under the influence.

If you are convicted of a DUI in Alaska, it is important to take all of the necessary steps to restore your driver’s license. If you follow the right procedures and meet all of the eligibility requirements, you may be eligible for a restricted license in Alaska.

Looking for Alaska DUI Classes? We’ve got you covered.

Alaska Second Offense DUI Penalties

A second DUI conviction in Alaska carries much more severe consequences than a first offense. These include:

  • Jail time of up to one year
  • Fines of up to $3,000
  • Suspension of the driver’s license for one year (or until completion of required alcohol education course and other requirements).
  • Completion of an alcohol treatment program.
  • Installation of an ignition interlock device

Additionally, you may again be required to pay restitution to any victims if applicable. It is important to remember that a DUI conviction can have long-lasting consequences and it is important to seek legal advice before proceeding with any criminal proceedings. An experienced DUI defense attorney will be able to provide you with the best possible outcome in your case.

Alaska Third Offense DUI Penalties

If you are convicted of a third DUI in Alaska, the penalties can be very severe. These include:

  • Jail time of up to one year
  • Fines of up to $10,000
  • Suspension of the driver’s license for three years (or until completion of required alcohol education course and other requirements).
  • Completion of an alcohol treatment program.
  • Installation of an ignition interlock

Like always, you may again be required to pay restitution to any victims if applicable. You may also face additional penalties depending on the circumstances of your case and it is important to seek the advice of an experienced DUI attorney.

Alaska DUI Under 21 Years of Age

For those under the age of 21, DUI convictions can carry even harsher penalties. These include:

  • Jail time of up to one year
  • Fines of up to $10,000
  • Suspension of the driver’s license for three years (or until completion of required alcohol education course and other requirements).
  • Completion of an alcohol treatment program.
  • Installation of an ignition interlock

If you are under the age of 21, it is important to be aware that even a single drink can put you over the legal limit, so it is best to avoid drinking altogether if you are planning on driving. It is also important to remember that all DUI offenses can have serious consequences over the longer course of your life.

Alaska Ignition Interlock Device Requirements

For those convicted of a DUI in Alaska, an ignition interlock device (IID) may be required. An IID is a breathalyzer installed inside your vehicle that will measure your blood alcohol concentration (BAC). If it detects any alcohol on your breath, the car will not start.

The DMV requires that all drivers convicted of a DUI install an IID for at least 6 months, and in some cases up to two years. The costs associated with this device are the responsibility of the driver and can range from $50-$200 per month depending on the type of device installed.

It is also important to be aware that while you have an IID installed, your vehicle will be subject to periodic “rolling” tests while driving. This means that the device may require you to provide a breath sample at random intervals while driving in order to ensure that you have not been drinking.

Alaska DUI laws are incredibly complex and can vary greatly depending on your situation and circumstances.

Does Alaska Require DUI Classes?

Yes, Alaska does require DUI classes for those convicted of a DUI offense. Depending on the circumstances of your case, you may be required to attend an Alcohol Safety Education Program (ASEP) or Drug and Alcohol Education Program (DAEP). These courses are conducted by licensed providers and typically last between 8-10 hours.

These courses are designed to educate drivers on the dangers of drinking and driving, as well as provide strategies for avoiding future DUI convictions. Furthermore, upon completion of these classes you may be required to submit proof of attendance to the DMV in order to reinstate your driver’s license.

It is important to remember that failure to complete a court-ordered DUI class may result in additional penalties or even jail time. Therefore, it is recommended to seek the advice of an experienced DUI attorney if you are facing a DUI charge in Alaska.

Can Alaska DUI Classes be Online?

There are Alaskan DUI courses available to be taken online. These courses are designed to provide the same education as a traditional course but in an online format. While these courses can be very convenient they may not always satisfy all of the requirements required by the court or state agencies, so it is important to check with your attorney before enrolling in any online DUI course.

Alaska SR22 Requirements

Alaska requires drivers with a DUI conviction to file an SR22 “proof of financial responsibility” form. This form is filed with the DMV and certifies that you have the necessary auto insurance coverage required by law. Your car insurance premiums may increase if you are required to file an SR22, so it is important to compare rates from different insurance companies to find the best deal.

In addition, drivers who are required to file an SR22 must meet certain requirements for a period of three years in order to maintain their driving privileges. These include maintaining current auto insurance coverage and abiding by all traffic laws. Any lapse in coverage or violation will result in your license being suspended.

Additional Alaska DUI Resources:

  1. Alaska Department of Public Safety – This website provides information on Alaska’s DUI laws, penalties, and consequences. It also offers resources for victims of DUI incidents and information on how to get help for alcohol and drug addiction. https://dps.alaska.gov/Statewide/Rural/Alcohol-Marijuana-Enforcement.aspx
  2. Alaska Court System – This website provides information on DUI court proceedings, including arraignments, pretrial conferences, and trials. It also offers information on legal representation and how to access court records related to DUI cases. https://www.courts.alaska.gov/dui/index.htm
  3. Alaska Division of Motor Vehicles – This website provides information on how a DUI conviction can affect your driver’s license, including license suspensions and revocations. It also offers resources on how to obtain an ignition interlock device, which is required for some individuals who have been convicted of DUI. https://doa.alaska.gov/dmv/akol/drvrev/drv_dui.htm

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