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Alaska DUI Law

It is illegal in Alaska to operate a motor vehicle with a BAC of .08 or greater or while under the influence of alcohol and/or a controlled substance.

Penalties

First Conviction:

The first conviction is a Class A Misdemeanor with a maximum jail term of one year. The mandatory minimum for the first conviction is 72 hours served in a Community Residential Center and a fine of $1,500. The court will suspend your license for a minimum of 90 days.

Second Conviction:

The second conviction is a Class A Misdemeanor with a maximum jail term of one year. The mandatory minimum is 20 days in jail and a $3,000 fine. At the court’s discretion, you may be able to serve the jail sentence in a Community Residential Center or on house arrest. The court will suspend your license for a minimum of one year.

Third Conviction

If Within 10 Years of Priors:

This is a Class C Felony with a maximum jail term of 5 years. The mandatory minimum sentence is 120 days and a $10,000 fine. The court will permanently suspend your license and may seize your car under the vehicle forfeiture statute. You may request your license back in 10 years by offering proof of financial responsibility and showing that you have no criminal convictions during that period.

If Not Within 10 Years of Priors:

This is a Class A Misdemeanor with a maximum jail term of one year. The mandatory minimum is 60 days in prison and a fine of $4,000. At the court’s discretion, this may be served in a Community Residential Center or on house arrest. The court will suspend your license for 3 years.

Fourth Conviction

If Within 10 Years of Priors:

This is a Class C Felony with a maximum jail term of 5 years. The mandatory minimum sentence is 240 days and a $10,000 fine. The court will permanently suspend your license and may seize your car under the vehicle forfeiture statute. You may request your license back in 10 years by offering proof of financial responsibility and showing that you have no criminal convictions during that period.

If Not Within 10 Years of Priors:

This is a Class A Misdemeanor with a maximum jail term of one year. The mandatory minimum is 120 days in prison and a fine of $5,000. At the court’s discretion, this may be served in a Community Residential Center or on house arrest. The court will suspend your license for 5 years.

Fifth Conviction

If Within 10 Years of Priors:

This is a Class C Felony with a maximum jail term of 5 years. The mandatory minimum sentence is 360 days and a $10,000 fine. The court will permanently suspend your license and may seize your car under the vehicle forfeiture statute. You may request your license back in 10 years by offering proof of financial responsibility and showing that you have no criminal convictions during that period.

If Not Within 10 Years of Priors:

This is a Class A Misdemeanor with a maximum jail term of one year. The mandatory minimum is 240 days in prison and a fine of $6,000. At the court’s discretion, this may be served in a Community Residential Center or on house arrest. The court will suspend your license for 5 years.

Sixth and Subsequent Convictions

If Not Within 10 Years of Priors:

This is a Class A Misdemeanor with a maximum jail term of one year. The mandatory minimum is 360 days in prison and a fine of $7,000. At the court’s discretion, this may be served in a Community Residential Center or on house arrest. The court will suspend your license for 5 years.

Under 21

Alaska has a zero tolerance law for underage drinking and driving. Anyone under the age of 21 who is driving after consuming any detectable amount of alcohol or drugs will be charged.

First Offense:

$500 fine and 20-40 hours of alcohol safety related community service.

Second Offense:

$1,000 fine and 40-60 hours of alcohol safety related community service.

Third Offense:

$1,500 fine and 60-80 hours of alcohol safety related community service.

Other Provisions

Alcohol Safety Action Program:

All convictions will result in a sentencing to this state alcohol evaluation and treatment program. The court will order that you comply with the program’s treatment recommendations. Failure to comply will result in greater penalties.

If DUI Caused an Accident:

If your DUI resulted in an accident, the court will order you to reimburse the state for the use of it’s emergency vehicles. The cost will either by the actual cost that was expended on your accident or the average cost of an accident in Alaska, whichever is greater.

Vehicle Forfeiture Statute:

Starting with the third conviction in ten years, the court must impose the vehicle forfeiture statute. The state will take possession of your car if the possession meets one of the following goals: - Deterrence of the convicted person from further DUIs - Protection of the safety and welfare of the public - Deterrence of other potential offenders - Expressing public condemnation for drunken driving The court may only take possession of the vehicle if the offender was the owner of the car.

Ignition Interlock Device:

If the DUI offender had a high level of alcohol in his blood at the time of arrest, the court will impose an additional sanction upon him after he gets his license back. If the BAC was between .16 -.24, the court will attach an ignition interlock device to his vehicle for a period of 6 months. If the BAC was greater than .24, the court will attach an ignition interlock device for a period of 12 months. This device prevents the car from being started when the driver has a BAC of greater than .02.