Alaska Reckless Driving Laws: Penalties, Points and License Revocation

Alaska makes reckless driving a misdemeanor under Alaska Statutes 28.35.400: driving a motor vehicle in a way that creates "a substantial and unjustifiable risk of harm to a person or to property" is punishable by a fine of up to $1,000, up to one year in jail, or both. A conviction also requires the court to revoke the driver's license for at least 30 days under AS 28.15.181 and adds 10 demerit points, while the lesser offense of negligent driving (AS 28.35.410) is a non-criminal infraction.

Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Alaska state law on reckless and negligent driving (AS 28.35.400 and 28.35.410), the license revocation and point rules in AS 28.15 and 2 AAC 90, the racing regulation in 13 AAC 02.330, failure to stop for a peace officer, and driving without a valid license. It does not cover DUI penalties (see Alaska DUI laws), homicide offenses (see Alaska manslaughter laws), leaving the scene of a crash (see Alaska hit-and-run laws), municipal ordinances, or commercial-driver and federal rules beyond a short note. For other states, see reckless driving laws by state.

What is reckless driving in Alaska?

Alaska defines reckless driving by the risk the driving creates. Section 28.35.400(a) provides:

"A person who drives a motor vehicle in the state in a manner that creates a substantial and unjustifiable risk of harm to a person or to property is guilty of reckless driving. A substantial and unjustifiable risk is a risk of such a nature and degree that the conscious disregard of it or a failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation." AS 28.35.400(a)

Three features of that text matter:

• The risk must be substantial and unjustifiable. The statute measures it against what a reasonable person would do, and the departure must be a "gross deviation."
• Failing to perceive the risk is enough. The section reaches a driver who consciously disregards the risk and a driver who fails to perceive it. The general criminal code definition of acting "recklessly" in AS 11.81.900(a)(3) is narrower: it covers a person who "is aware of and consciously disregards a substantial and unjustifiable risk."
• It applies anywhere "in the state." Subsection (a) is not limited to highways; its text covers driving a motor vehicle in the state.

Section 28.35.400(c) carves out organized events: "Lawfully conducted automobile, snowmobile, motorcycle, or other motor vehicle racing or exhibition events are not subject to the provisions of this section."

Is reckless driving a misdemeanor in Alaska? Penalties

Yes. Section 28.35.400(b) provides that "A person convicted of reckless driving is guilty of a misdemeanor and is punishable by a fine of not more than $1,000 or by imprisonment for not more than one year or by both."

Three points about that penalty:

• The section sets its own range. It does not label the offense class A or class B. The default penalty for a Title 28 misdemeanor without its own penalty, a fine up to $500 and up to 90 days (AS 28.90.010(b)), does not apply because Section 28.35.400 specifies one.
• There is no repeat or injury tier in the section. A second conviction carries the same criminal range; what escalates is the license revocation, covered below.
• Work zones double the fine. Under AS 28.90.030(a), when a person violates Title 28 "within a highway work zone or traffic safety corridor," the "fine, or maximum fine, is double the amount provided in this title."

Related offenses that can be more serious

• Failure to stop for a peace officer. Under AS 28.35.182(a), the first-degree offense applies when a person fails to stop at a peace officer's direction and, during that offense, "the person violates AS 28.35.400," is committing first- or second-degree vehicle theft, or "as a result of the person's operation or driving, an accident occurs or a person suffers serious physical injury." Section 28.35.182(e) makes the first degree a class C felony and the second degree a class A misdemeanor.
• Reckless endangerment. Under AS 11.41.250, a person who "recklessly engages in conduct which creates a substantial risk of serious physical injury to another person" commits a class A misdemeanor. The section does not mention vehicles.
• Move-over violations. Failing to vacate the lane or slow for stopped emergency vehicles under AS 28.35.185 is a class A misdemeanor "if personal injury results" and an infraction otherwise.

When driving causes a death, the homicide offenses in the criminal code apply, including manslaughter (AS 11.41.120) and criminally negligent homicide (AS 11.41.130); see Alaska manslaughter laws.

How fast is reckless driving in Alaska?

Title 28 of the Alaska Statutes sets no speed at which driving becomes reckless by itself. The only reference to miles per hour in the title is in the commercial-driver chapter, which counts "speeding 15 miles per hour or more above the posted limit" as a serious traffic violation for commercial license purposes (AS 28.33.190(15)(A)).

Alaska's speed rules are regulations of the Department of Public Safety. 13 AAC 02.275(a) provides that "No person may drive a vehicle at a speed greater than is reasonable and prudent considering the traffic, roadway, and weather conditions." Unless a special hazard requires a lower speed or a different limit is posted, 13 AAC 02.275(b) sets maximums of 15 mph in an alley, 20 mph in a business district, 25 mph in a residential district, and 55 mph on any other roadway.

Reckless driving points and license revocation in Alaska

A reckless driving conviction affects an Alaska license in two separate ways: a court revocation and demerit points.

Mandatory court revocation

AS 28.15.181(a)(6) lists reckless driving among the offenses for which a court must act on the license, and AS 28.15.181(b) provides that the convicting court "shall revoke that person's driver's license, privilege to drive, or privilege to obtain a license" for:

The prior conviction that counts toward the one-year and three-year periods can be for any offense listed in AS 28.15.181(a)(1)-(4), (6), (7) or (10), not only reckless driving: manslaughter or negligent homicide resulting from driving a motor vehicle; a felony in the commission of which a motor vehicle is used; failure to stop and give aid after an accident causing death or personal injury; perjury or a false statement under oath to the department under a motor vehicle law; reckless driving; using a motor vehicle in unlawful flight to avoid arrest by a peace officer; and first- or second-degree vehicle theft (AS 28.15.181(a), (b)). Each of those offenses also carries the same mandatory revocation periods on its own.

For a first conviction, the court may impose a limitation under AS 28.15.201 instead of a full revocation only if it determines that the limitation "will enable the person to earn a livelihood without excessive danger to the public." For a later conviction within 10 years, the court "may not grant the person limited license privileges."

Demerit points

Under the point schedule in 2 AAC 90.310(a):

• reckless driving: 10 points;
• speed contest or racing: 10 points;
• fleeing or attempting to elude a peace officer: 10 points;
• negligent driving: 6 points;
• careless driving: 4 points.

AS 28.15.221(b) directs suspension, revocation or denial of a license "for an accumulation of 12 or more points as a result of offenses committed during any consecutive 12-month period or 18 or more points as a result of offenses committed during any 24-month period." The regulations set the lengths:

• Warning letter: 6 points in 12 consecutive months or 9 in 24 (2 AAC 90.320(b)).
• First point suspension: 30 days (2 AAC 90.330(a)).
• Second within 24 months of a prior point suspension: 90 days (2 AAC 90.330(b)).
• After two prior point suspensions or revocations within 24 months: revocation for one year (2 AAC 90.330(c)).

The Alaska DMV states that reaching 12 points in 12 months or 18 in 24 months "requires the mandatory suspension or revocation of the driving privilege, regardless of the hardships involved," and that "No limited 'work purpose' license is available" for a point suspension. When a driver is convicted of two or more violations from a single occasion, AS 28.15.231(c) assesses points "for one offense only," the one with the greater point value.

Commercial drivers

Alaska's commercial-driver chapter defines a "serious traffic violation" to include "reckless or negligent driving, in violation of AS 28.35.400 or 28.35.410 or an ordinance with substantially similar elements" (AS 28.33.190(15)(B)). Under AS 28.33.140(c), a commercial driver convicted of such an offense is disqualified from driving a commercial motor vehicle for not less than 60 days if previously convicted once, and 120 days if previously convicted more than once, counting convictions from separate incidents within the three years before the present offense.

Federal motor carrier rules likewise treat reckless driving "as defined by State or local law or regulation" as a serious traffic violation, and a second conviction in a personal vehicle counts toward a commercial driver's 60-day disqualification only "if the conviction results in the revocation, cancellation, or suspension" of the license or non-commercial driving privileges (49 C.F.R. 383.51(c)). On federal enclaves, the Assimilative Crimes Act (18 U.S.C. 13) applies Alaska law to acts Congress has not made punishable; the reckless driving laws by state hub covers the federal layer.

Negligent driving and careless driving in Alaska

Alaska's lower-level driving offense is negligent driving, not careless driving. Under AS 28.35.410(a), a person is guilty of negligent driving if the person drives "in a manner that creates an unjustifiable risk of harm to a person or to property and who, as a result of the creation of the risk, actually endangers a person or property." The statute defines an unjustifiable risk as one where "a failure to avoid it constitutes a deviation from the standard of care that a reasonable person would observe in the situation."

The difference from reckless driving is in degree and proof:

• Reckless driving requires a substantial and unjustifiable risk and a gross deviation from reasonable conduct, but no proof that anyone was actually endangered.
• Negligent driving requires only a deviation from the standard of care, plus proof of actual endangerment. Section 28.35.410(a) provides that endangerment is shown when, as a result of the driving, "(1) an accident occurred; (2) a person, including the defendant, took evasive action to avoid an accident; (3) a person, including the defendant, stopped or slowed down suddenly to avoid an accident; or (4) a person or property, including the defendant or the defendant's property, was otherwise endangered."

Section 28.35.410(b) provides that negligent driving "is a lesser offense than, and included in, the offense of reckless driving, and a person charged with reckless driving may be convicted of the lesser offense of negligent driving." Under Section 28.35.410(c), a person convicted of negligent driving "is guilty of an infraction as provided under AS 28.90.010." Section 28.90.010 does not set a specific fine for this offense, and AS 28.90.010(d) provides that an infraction under that section "is not considered a criminal offense and may not result in imprisonment," and that a person cited with one has no right to a jury trial or court-appointed counsel. Negligent driving carries 6 points.

The Alaska Statutes contain no offense called careless driving. The phrase appears only in the DMV point schedule, as a 4-point item (2 AAC 90.310(a)(22)).

Street racing and exhibitions in Alaska

Title 28 has no statutory racing, street-takeover or exhibition-of-speed offense. Racing is addressed by a Department of Public Safety regulation, 13 AAC 02.330(a): "No person may participate in a race between motor vehicles upon a public highway, except as provided in AS 05.90.001."

The regulation defines "race" broadly, as "the use of one or more vehicles in attempting to outgain or outdistance another vehicle or while comparing or contesting relative speeds or powers of acceleration of the vehicles over a specified or unspecified distance or route, whether or not the speed exceeds the maximum prescribed by law" (13 AAC 02.330(b)).

Because it is a regulation, a violation falls under AS 28.90.010(c): "Unless otherwise specified by law a person convicted of a violation of a regulation adopted under this title ... is guilty of an infraction and is punishable by a fine not to exceed $300." A speed contest or racing conviction also carries 10 points under 2 AAC 90.310(a)(7).

Racing is separate from reckless driving. Section 28.35.400(c) exempts only "Lawfully conducted" racing or exhibition events from the reckless driving section.

Does Alaska have a wet reckless?

No. Title 28 of the Alaska Statutes, which contains both the reckless driving section and the DUI sections (AS 28.35.028 to 28.35.039), has no provision for a reduced alcohol-related reckless driving charge, and none of the DUI sections refers to reckless driving. For impaired-driving penalties, see Alaska DUI laws.

Driving without a license in Alaska

Alaska grades license offenses by what kind of license problem the driver has:

• No valid license. AS 28.15.011(b) requires a driver to have "a valid physical or electronic Alaska driver's license issued under the provisions of this chapter for the type or class of vehicle driven, unless expressly exempted by law from this requirement." Under Section 28.15.011(d), a violation "is an infraction."
• License not in possession. Failing to carry a license is an infraction under AS 28.15.131(b). Section 28.15.131(a) provides that a person charged "may not be convicted if the person produces in court or in the office of the arresting or citing officer, a driver's license previously issued to the person that was valid at the time of the person's arrest or citation."
• Canceled, suspended or revoked license. Under AS 28.15.291(b)(1)(A), a violation of subsection (a)(1) is a class A misdemeanor, and the court "shall impose a minimum sentence of imprisonment of not less than 10 days," with the 10 days suspended if the person has no prior conviction under (a)(1) or a similar law of another jurisdiction. A violation of subsection (a)(2) or (a)(3) is a class A misdemeanor when the person has a prior conviction under subsection (a), and an infraction otherwise (AS 28.15.291(b)(1)(B), (b)(2)).
• Vehicle forfeiture. After a conviction under AS 28.15.291(b), a motor vehicle involved in the offense is subject to forfeiture (AS 28.35.036(a)). The court must first hold a hearing, and may order forfeiture only if it determines, by a preponderance of the evidence, that forfeiture will serve one or more of the purposes listed in AS 28.35.036(b).

Alaska reckless driving and related offenses: penalty table

The general sentencing ranges come from AS 12.55.135 (imprisonment for misdemeanors), AS 12.55.125 (felonies) and AS 12.55.035 (fines). Under AS 12.55.135(a), a class A misdemeanor carries "a definite term of imprisonment of not more than one year," and AS 12.55.035(b) caps the fine at $50,000 for a class C felony, $25,000 for a class A misdemeanor and $2,000 for a class B misdemeanor. A class C felony carries "not more than five years," with a presumptive range of zero to two years for a first felony conviction, "subject to adjustment as provided in AS 12.55.155 - 12.55.175" (AS 12.55.125(e)). For the full class table, see Alaska felony and misdemeanor classes.

Recent changes

• Reckless and negligent driving. No act of the 32nd, 33rd or 34th Alaska Legislatures (2021 to 2026) amended AS 28.35.400 or 28.35.410.
• 2026: electronic licenses. Chapter 55, SLA 2026 (SB 237), which took effect immediately, changed AS 28.15.011(b) to require a "valid physical or electronic" license and made related wording changes to the license-possession section. It did not change any penalty.
• 2026: crime omnibus. Chapter 9, SLA 2026 (HB 239), effective July 1, 2026, amended the leaving-the-scene statute, AS 28.35.060 (see Alaska hit-and-run laws), and added AS 28.35.248. It did not amend the reckless driving, negligent driving, point or driving-while-suspended sections, and it left the one-year class A misdemeanor cap in AS 12.55.135(a) in place.

Related Alaska laws

• Reckless driving laws by state
• Alaska DUI laws
• Alaska manslaughter laws
• Alaska felony and misdemeanor classes
• Alaska hit-and-run laws
• Alaska expungement laws

This article is general legal information about Alaska law, not legal advice. For a specific situation, contact a lawyer licensed in Alaska, or the Alaska Division of Motor Vehicles for driver's license questions.

Last updated: 2026-10-25.

Frequently Asked Questions

Is reckless driving a misdemeanor in Alaska?

Yes. AS 28.35.400(b) makes reckless driving a misdemeanor punishable by a fine of up to $1,000, up to one year in jail, or both.

What counts as reckless driving in Alaska?

Driving a motor vehicle in a way that creates a substantial and unjustifiable risk of harm to a person or property, where consciously disregarding or failing to perceive the risk is a gross deviation from what a reasonable person would do (AS 28.35.400(a)).

How fast is reckless driving in Alaska?

Title 28 sets no speed at which driving becomes reckless by itself. Speed limits and the reasonable-and-prudent rule are in Department of Public Safety regulations (13 AAC 02.275).

How many points is reckless driving in Alaska?

Ten points under 2 AAC 90.310. Twelve points in 12 months or 18 in 24 months triggers a suspension, starting at 30 days.

Do you lose your license for reckless driving in Alaska?

AS 28.15.181(b) requires the court to revoke the license for at least 30 days on a first reckless driving conviction, at least one year on a second, and at least three years on a third, counting prior convictions within 10 years for reckless driving or another offense listed in AS 28.15.181(b). A limited license is possible only for a first conviction, on livelihood grounds.

What is the difference between reckless and negligent driving in Alaska?

Reckless driving (AS 28.35.400) is a misdemeanor requiring a substantial and unjustifiable risk and a gross deviation from reasonable conduct. Negligent driving (AS 28.35.410) is a lesser included infraction that requires an unjustifiable risk plus proof that someone or something was actually endangered.

Is street racing illegal in Alaska?

Yes. 13 AAC 02.330 bars taking part in a race between motor vehicles on a public highway. A violation is an infraction with a fine of up to $300 under AS 28.90.010(c) and carries 10 points.

Does Alaska have a wet reckless?

No. Title 28, which holds both the reckless driving section and the DUI sections, has no provision for an alcohol-related reckless driving charge.

What is the penalty for driving without a license in Alaska?

Driving without a valid license is an infraction under AS 28.15.011(d). Driving while a license is canceled, suspended or revoked can be a class A misdemeanor under AS 28.15.291, depending on the subsection and any prior conviction.