Driving under the influence of alcohol or drugs is illegal in Alaska. But you may be surprised by how Alaska's DUI laws define "under the influence" and "driving."
This article outlines the basics of Alaska's DUI laws (including how the offense is defined), the penalties for a first, second, and third conviction, and ways you might be able to avoid conviction and/or jail time.
To be convicted of a DUI, the prosecutor must prove two elements in court:
However, these two "elements" require a bit more explanation.
Alaska prohibits driving or operating a vehicle under the influence. This obviously includes impaired persons actively driving down the road.
But Alaska law also defines "driver" as anyone in "actual physical control of a vehicle." A person is in actual physical control of a vehicle if he or she is in the driver's seat and physically capable of starting the engine and causing the vehicle to move. In other words, you can get a DUI in Alaska without actually driving or even turning on the ignition.
A person is considered to be under the influence for purposes of Alaska's DUI laws if:
In other words, to obtain a conviction, the prosecution must prove an excessive BAC or actual impairment from alcohol or drugs.
The fact that a driver has a valid prescription for a certain drug is not a defense to impaired driving.
Alaskan statutes set out the range of penalties for DUI convictions, which mainly depend on the number of prior DUI convictions the driver has.
When considering priors, Alaska will only look at DUI and refusal convictions (implied consent violations) within the last 15 years. However, a driver with three DUIs in ten years can face felony DUI charges.
All DUI convictions result in fines, court costs, jail costs, and actual jail time, but sentencing alternatives do exist.
1st Offense |
2nd Offense |
3rd Offense |
|
Jail |
72 hours to one year |
20 days to one year |
60 days to one year |
Fines |
$1,500 to $25,000 |
$3,000 to $25,000 |
$4,000 to $25,000 |
First offenders can serve the required jail time on house arrest or in a residential treatment facility. For a second-offense DUI, house arrest is an option if the driver completes 160 hours of community service.
Drivers convicted of driving under the influence must complete a substance abuse evaluation. Depending on the results, the judge might order the offender to complete a treatment program.
Drivers who are convicted of a third or subsequent DUI (or refusal) within a ten-year period will generally face class 3 felony charges.
For a felony DUI conviction, the offender is generally looking at $10,000 to $50,000 in fines, permanent license revocation, 60 months with an ignition interlock device (IID), and a mandatory 120 days to five years in prison. This prison sentence can be even longer if the offender has more than two priors in the last ten years.
A DUI typically leads to license-related penalties. However, license-related penalties can result even without a DUI conviction—in many cases, a DUI arrest is enough.
Below, we explained how a DUI arrest and/or conviction can lead to license suspension and restrictions and the duration of these penalties.
After making a DUI arrest, the officer will generally request that the suspect submit to a breath or blood test. Refusing to take a test or failing a test with a BAC of .08% or more can result in license suspension as well as criminal charges.
The suspension duration is identical for test refusals, test failures, failed testing, and DUI convictions. The suspension periods are:
However, the penalties are not consecutive—meaning that a driver who fails testing and is convicted of a DUI will only face a single 90-day suspension for a first offense.
If the driver is found not guilty of the DUI in court, it may be possible to get out of the administrative license penalties.
In addition to license suspension, most impaired driving occurrences will result in an ignition interlock requirement following the suspension period. The IID requirements are as follows:
Generally, the driver will have to pay certain costs associated with having an IID in their vehicle.
After serving at least 30 days of the initial suspension, drivers can apply for restricted driving privileges. A restricted license requires an IID and may include limits on where and when the driver can operate.
Violating the terms of probation, failing to complete treatment, or driving outside of the restrictions will result in reinstatement of the initial suspension.
Alaska prohibits drivers under the age of 21 from having any measurable amount of alcohol in their system. An underage drunk driving (UUD) conviction will result in:
The judge can also order alcohol education classes or treatment. These requirements must be satisfied prior to license reinstatement.
Alaska's implied consent laws extend to UUD offenses and a driver who unlawfully refuses a breath test will similarly face the same penalties as a UUD conviction.
Also, an underage driver with a BAC of at least .08% or who is "under the influence" (as defined above) can instead be charged with a standard DUI.
Alaska does not prohibit plea bargaining in DUI cases, so it might be possible for a DUI to be reduced to a "wet-reckless"' or similar charge.
Some prosecutors also offer deferred prosecution wherein the DUI charge will be dropped after the driver fulfills certain requirements such as treatment, paying fines, and completing community service.