What are the Penalties for Driving Under the Influence (DUI) in Alaska?


What are the Penalties for Driving Under the Influence (DUI) in Alaska?

Posted by Eric Derleth | May 03, 2019 | 0 Comments

What are the Penalties for Driving Under the Influence (DUI) in Alaska?

According to the Alaska Department of Motor Vehicles (DMV), the average cost of a first-time DUI conviction is $24,265. As noted by the DMV, this does not include the cost of being unable to drive (for a minimum of 90 days) or having a DUI conviction on your permanent record. With a DUI on your permanent record, you may find it difficult to find employment (and you could potentially lose the job you have now); and, if you are currently enrolled in school or thinking about going to college, a DUI could significantly limit your access to higher education.

Being convicted of DUI in Alaska can truly be a life-changing experience. The penalties imposed under Alaska law are substantial, and the consequences of a DUI can extend far beyond the duration of your jail sentence and driver's license suspension. While the penalties for repeat offenders increase substantially, even a first-time offense can result in jail time and significant costs and fines, and a DUI conviction in Alaska will stay on your record for the rest of your life.

The DUI Penalties in Alaska

The penalties for “driving while under the influence of an alcoholic beverage, inhalant, or controlled substance” (commonly known as “DUI”) are established in Section 28.35.030 of the Alaska Statutes. If you have been charged with DUI, the penalties that are on the table will be determined by a few different factors, including:

  • Your blood alcohol concentration (BAC) at the time of your arrest;
  • Whether you have any prior DUI convictions on your record; and,
  • Whether your prior convictions (if any) occurred within the past 10 years.

Penalties for a First-Time DUI in Alaska

In a typical case, a first-time DUI will be classified as a Class A misdemeanor. Under Alaska law, Class A misdemeanors carry penalties of up to one year in jail and a $25,000 fine. However, Section 28.35.030 establishes minimum penalties for DUI offenders as well. For a first-time DUI in Alaska, the possible penalties include:

  • Jail Time: A minimum of 72 hours and a maximum of one year.
  • Fines: A minimum of $1,500 and a maximum of $25,000.
  • Driver's License Suspension: Not less than 90 days.

In addition to fines, jail time, and loss of your driving privileges, if your BAC was 0.16 or above, you will also be required to install an ignition interlock device (IID) on your vehicle for a minimum of six months (or one year if your BAC was above 0.23 percent). Regardless of your BAC, you will also be required to participate in Alaska's alcohol safety action program or undergo rehabilitative treatment, pay court costs, pay to get your vehicle out of impound, and pay for SR22 auto insurance for five years at a cost of $2,000 per year. If you caused an accident, you will also be required to pay, “the reasonable cost of any emergency services that responded to the accident.”

Penalties for Repeat DUI Offenders (Non-Felony) in Alaska

If you already have a DUI on your permanent record, then facing a second or subsequent DUI charge carries enhanced penalties. Assuming that you are not being charged with a Class C felony (more on this below), the potential penalties for repeat DUI offenders in Alaska include:

Second DUI

  • Jail Time: 20 days to one year.
  • Fines: $3,000 to $25,000.
  • Driver's License Suspension: Not less than one year.

Third DU

  • Jail Time: 60 days to one year.
  • Fines: $4,000 to $25,000.
  • Driver's License Suspension: Not less than three years.

Fourth DUI

  • Jail Time: 120 days to one year.
  • Fines: $5,000 to $25,000.
  • Driver's License Suspension: Not less than five years.

Fifth DUI

  • Jail Time: 240 days to one year.
  • Fines: $6,000 to $25,000.
  • Driver's License Suspension: Not less than five years.

Sixth or Subsequent DUI

  • Jail Time: 360 days to one year.
  • Fines: $7,000 to $25,000.
  • Driver's License Suspension: Not less than five years.

These, of course, are in addition to the other penalties listed above (court costs, alcohol safety education or rehabilitative treatment, SR22 insurance, and potential installation of an IID) for first-time DUI offenders. It is also important to note that these are the penalties for “standard” DUI offenses. If you caused a serious accident, if you had a minor in your vehicle, or if any of a variety of other circumstances apply to your case, then you could be facing additional charges and penalties.

Class C Felony DUI in Alaska

If you have two or more DUI convictions from the past 10 years, then instead of being charged with a Class A misdemeanor, you will be charged with a Class C felony. Felony charges can be imposed under a few different circumstances as well.

In Alaska, Class C felonies carry maximum penalties of five years in prison and a $50,000 fine. Under the DUI statute, minimum penalties include:

  • For Two Prior Convictions: 120 days in jail and a $10,000 fine.
  • For Three Prior Convictions: 240 days in jail and a $10,000 fine.
  • For Four or More Prior Convictions: 360 days in jail and a $10,000 fine.

You will also lose your driver's license permanently, with a possible (but not guaranteed) restoration of your driving privileges after 10 years if you have not been convicted of any additional crimes (DUI or non-DUI) and you provide proof of financial responsibility.

Automatic Driver's License Suspension, Implied Consent Violations, and Other Issues in Alaska

But wait, there's more. While you can lose your license for 90 days or more following a DUI conviction, you will also automatically lose your license simply as a result of being arrested for DUI. In order to avoid this “administrative” suspension, you must request a hearing within seven days of your arrest. If you refused the breathalyzer, you can be charged with an “implied consent” violation, and there are various other factors that can enhance the consequences of a DUI arrest in Alaska as well.

Speak with an Alaska DUI Defense Lawyer for Free

Have you been arrested and charged with DUI in Alaska? If so, it is important that you speak with a DUI defense lawyer as soon as possible. To discuss your case in confidence, call our DUI and criminal defense attorney in Anchorage at 907-262-9164 or request a free initial consultation online today.

About the Author

Eric Derleth

Born and raised in on the Kenai Peninsula, Eric Derleth has been helping the people of Alaska by defending their rights in criminal cases and helping injury and medical negligence victims recover the compensation they deserve.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment


With Alaska in his blood, for 25 years, the "Trial Guy," Eric Derleth has helped the people in Anchorage, Kenai, and Palmer / Wasilla areas as a personal injury and criminal lawyer. Born and raised in Soldotna, Eric truly understands Alaska’s laws, the people, and the true nature of Alaska. The Trial Guy was raised in a log cabin in Alaska with a belief in America, and a belief in strong individual liberty guaranteed by our Constitution and was raised to fight for the rights of all of Alaska. Eric has expanded his criminal defense and auto accident injury lawyers practice near you, with offices in Anchorage and Soldotna. LEARN MORE ABOUT ERIC