Alaska DUI Laws: Penalties, BAC Limit & License (2026)

In Alaska the offense is called driving under the influence (DUI), and Alaska Statutes 28.35.030 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first DUI is a misdemeanor carrying a mandatory minimum of 72 hours in jail, a fine of at least $1,500, a 90-day license revocation, and a six-month ignition interlock requirement.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Alaska

Alaska's DUI statute, AS 28.35.030, makes it unlawful to operate or drive a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, an inhalant, or a controlled substance, or while there is 0.08 percent or more alcohol in the blood or breath. Because impairment is a separate route, a driver can be convicted below 0.08 if the state proves the alcohol or drugs impaired the ability to operate safely. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under a zero-tolerance rule that, as the Alaska Division of Motor Vehicles explains, bars driving after consuming any amount of alcohol. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense DUI penalties in Alaska (jail, fines, license)

A first DUI under AS 28.35.030 is a misdemeanor, and Alaska imposes firm mandatory minimums. The statute requires a minimum sentence of not less than 72 consecutive hours in jail, a fine of not less than $1,500, a six-month ignition interlock requirement after the driver regains the privilege to drive, and completion of a state-approved alcohol screening and treatment program. The Alaska Court System explains that the court cannot suspend the mandatory minimum jail time or fine on a first offense. The driver license is revoked for 90 days, with a limited license available after the first 30 days for non-refusal cases. Reinstatement requires completing the alcohol program, installing the interlock, filing proof of financial responsibility (an SR-22), and paying fees.

Watch out: The DMV administrative revocation and the criminal case run on separate tracks. You can resolve the criminal charge and still face a DMV revocation, and the DMV revocation can run concurrently with or consecutively to the court revocation.

Ignition interlock requirements in Alaska

Alaska requires an ignition interlock device on every DUI conviction, including a first offense, which sets it apart from states that exempt low-level first offenders. Under AS 28.35.030, the court orders the device for a minimum of six months on a first conviction, measured from the date the driver regains the privilege to operate a vehicle. The required term increases with each conviction, and a felony DUI carries a minimum 60-month interlock requirement after the driver becomes eligible to drive again. The device requires a breath sample before the engine starts and at random points during a trip, and it records each reading. The Alaska DMV notes that the interlock is tied to regaining driving privileges, so the clock does not start during the revocation period.

License revocation and the administrative process in Alaska

Alaska runs two revocation systems at once. The administrative revocation is a DMV action based on the arrest, and as the Alaska DMV explains, the DMV must revoke the license of a driver arrested for DUI who fails or refuses a chemical test, independent of the criminal court outcome. A driver may request a DMV hearing to contest the administrative revocation, and the deadline to request it is short, so the arrest paperwork should be reviewed immediately. For a first offense, the revocation is 90 days, and a limited license may be available after the first 30 days, though the Alaska DMV notes that limited licenses are not available when the revocation stems from a test refusal. The administrative revocation may run concurrently with or consecutively to any revocation the court imposes after a conviction.

Repeat offenses and the Alaska look-back period

Alaska counts prior DUI and refusal convictions within a 15-year look-back window, so penalties escalate sharply inside that period. A second DUI within 15 years carries a mandatory minimum of 20 days in jail, a fine of at least $3,000, a one-year license revocation, and a longer interlock term. A third within 10 years crosses the felony line: under AS 28.35.030, a person with two or more prior convictions since January 1, 1996 and within the preceding 10 years is guilty of a Class C felony, punishable by a minimum 120 days in prison, a fine of not less than $10,000, a permanent driver license revocation, and a 60-month interlock requirement upon any restoration of driving privileges. A DUI that causes serious physical injury or death can be charged as a separate felony regardless of offense number.

Watch out: Refusing a breath or blood test does not protect you in Alaska. Refusal is a separate crime under AS 28.35.032 with penalties similar to a DUI, plus its own license revocation, and a limited license is not available for a refusal.

Refusing a breath or blood test in Alaska

Alaska's implied consent law means that by driving in the state, you have agreed to submit to a chemical test of breath or blood if lawfully arrested for DUI. Unlike many states, Alaska makes the refusal itself a crime. Under AS 28.35.032, refusing the test is a misdemeanor (or a felony for repeat offenders) carrying penalties that mirror a DUI conviction, including mandatory jail time, a fine, and an ignition interlock requirement, plus a separate license revocation imposed by the DMV. As the Alaska DMV notes, a driver who refuses cannot obtain a limited license during the revocation. Because the refusal is prosecuted as its own offense and blocks a limited license, refusing almost always makes the overall consequences worse than taking the test.

Can you expunge or seal a DUI in Alaska

Alaska is one of the few states with no general expungement statute, so a DUI conviction stays on the criminal record permanently. As the Alaska Department of Public Safety explains, the state does not have a law that erases criminal history records. A narrow sealing option exists only when conviction information resulted from mistaken identity or a false accusation, proven beyond a reasonable doubt, in which case a person may ask the agency that maintains the record to seal it. There is no pathway to seal or set aside an ordinary DUI conviction obtained on accurate facts. Because the conviction is permanent, it can appear on background checks for employment and licensing, and it continues to count as a prior for the 15-year look-back and the separate 10-year felony window.

What to do after a DUI arrest in Alaska

An Alaska DUI creates two matters at once: a criminal case in court and an administrative revocation at the DMV. The DMV deadline to request a hearing is short, so a common first step is to read the arrest and revocation paperwork right away to learn the dates that apply. The criminal case proceeds on its own schedule through arraignment, pretrial, and resolution, while the DMV acts on the driving privilege separately. General information cannot tell you how your case will come out, because the outcome depends on the specific facts, the evidence, and your record. To weigh your own facts and keep both cases on schedule, let an Alaska DUI lawyer go over the arrest and revocation paperwork in a free consultation (attorney advertising). Keep copies of the arrest report, the revocation notice, and any test results.

More Alaska Laws

• Alaska Expungement Laws
• Alaska Warrant Search

Frequently Asked Questions

What is the BAC limit in Alaska?

The per se limit is 0.08 percent BAC under AS 28.35.030. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a zero-tolerance rule that bars driving after consuming any amount of alcohol.

How long do you lose your license for a first DUI in Alaska?

A first DUI carries a 90-day license revocation. A limited license may be available after the first 30 days, but not if the revocation stems from refusing a chemical test. The DMV revocation runs separately from the criminal case.

Is a first DUI a felony in Alaska?

No. A first DUI is a misdemeanor. A DUI becomes a Class C felony on the third conviction within 10 years (with two or more priors since 1996) under AS 28.35.030, or sooner if it causes serious injury or death.

Do you need an interlock for a first DUI in Alaska?

Yes. Alaska requires an ignition interlock device on every DUI conviction. On a first offense the court orders the device for a minimum of six months after you regain the privilege to drive.

What happens if you refuse a breathalyzer in Alaska?

Refusing the chemical test is a separate crime under AS 28.35.032 with penalties similar to a DUI, including mandatory jail, a fine, and an interlock requirement, plus a DMV license revocation. A limited license is not available for a refusal.

How long does a DUI stay on your record in Alaska?

A DUI conviction stays on your record permanently, because Alaska has no general expungement law. For enhancement, prior DUI and refusal convictions count for 15 years under the general look-back period, and a separate 10-year window applies to felony eligibility.

Can you get a DUI expunged in Alaska?

No. Alaska has no general expungement statute, so a DUI conviction cannot be erased. Sealing is available only for records that resulted from mistaken identity or false accusation, which does not apply to an ordinary DUI.

What is the look-back period for DUI in Alaska?

Alaska uses a 15-year look-back period for general enhancement, so prior DUI and refusal convictions within 15 years count toward a second or third offense. Felony eligibility uses a separate rule: two or more prior convictions since January 1, 1996 and within the preceding 10 years.