Alaska DUI Law Explained

The offense of drunk driving in the state of Alaska is referred to as "Driving Under the Influence" (DUI). Pursuant to Alaska's DUI statute, it is illegal to operate a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, and/or controlled substance. Alaska's DUI statute also contains a "per se" provision, wherein persons with a blood alcohol content (BAC) of .08 or higher within four hours of driving are presumed impaired.

**NOTE - While .08 is considered the legal limit under Alaska DUI law, it is important to understand that persons who provide a chemical test result under .08 may still be arrested and charged with an AK DUI.**

MINORS: Alaska's No Tolerance Law prohibits minors between the ages of 14-21 years from operating or driving a motor vehicle, aircraft or watercraft after having consumed any amount of alcohol. The offense of minor operating a vehicle after consuming alcohol is an infraction punishable by fines and community work service.

COMMERCIAL VEHICLES: Drivers of commercial vehicles will be charged with the crime of operating a commercial motor vehicle while under the influence if they operate a commercial vehicle while under the influence of an alcoholic beverage, inhalant, and/or controlled substance. The "legal limit" for commercial drivers is .04. Commercial drivers who have a BAC of .04 or higher within 4 hours after an alleged DUI offense will be arrested and charged. Note, however, that commercial drivers with a BAC under .04 may also still be arrested and charged.

CHEMICAL TEST REFUSAL: Persons who refuse to submit to a chemical test will be charged with a Class A misdemeanor. The penalties for a refusal are in addition to, and will be served concurrent with, any criminal DUI charges that apply.

DUI charges in Alaska may be filed as misdemeanor or felony offenses, depending on the circumstances of the case and the existence of prior offenses.

Alaska DUI Statutes

Title 28. MOTOR VEHICLES

Chapter 28.35. OFFENSES AND ACCIDENTS

Sec. 28.35.030. Operating a vehicle, aircraft or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance. (EXCERPT)

(a) A person commits the crime of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates or drives a motor vehicle or operates an aircraft or a watercraft

(1) while under the influence of an alcoholic beverage, intoxicating liquor, inhalant, or any controlled substance, singly or in combination; or

(2) and if, as determined by a chemical test taken within four hours after the alleged operating or driving, there is 0.08 percent or more by weight of alcohol in the person's blood or 80 milligrams or more of alcohol per 100 milliliters of blood, or if there is 0.08 grams or more of alcohol per 210 liters of the person's breath.

(u) In this section,

(1) "inhalant" has the meaning given to the phrase "hazardous volatile material or substance" in AS 47.37.270 ;

(2) "operate an aircraft" means to navigate, pilot, or taxi an aircraft in the airspace over this state, or upon the land or water inside this state;

(3) "operate a watercraft" means to navigate a vessel used or capable of being used as a means of transportation on water for recreational or commercial purposes on all waters, fresh or salt, inland or coastal, inside the territorial limits or under the jurisdiction of the state;......

Sec. 28.33.030. Operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance.

(a) A person commits the crime of operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates a commercial motor vehicle

(1) while under the influence of an alcoholic beverage, inhalant, or any controlled substance;

(2) when, as determined by a chemical test taken within four hours after the alleged offense was committed, there is 0.04 percent or more by weight of alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's breath; or

(3) while under the combined influence of an alcoholic beverage, inhalant, and a controlled substance.

(b) Operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance is a class A misdemeanor.

(c) The sentencing of a person convicted under this section shall be in accordance with the minimum periods of imprisonment, fines, rehabilitative treatment, and other provisions of AS 28.35.030 , as if the person had been convicted of a violation of AS 28.35.030 . For purposes of sentencing, convictions for operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance under this section, and for refusal to submit to a chemical test under AS 28.33.032 , if arising out of a single transaction, are considered one previous conviction.

Sec. 28.35.280. Minor operating a vehicle after consuming alcohol.

(a) A person who is at least 14 years of age but not yet 21 years of age commits the offense of minor operating a vehicle after consuming alcohol if the person operates or drives a motor vehicle or operates an aircraft or a watercraft after having consumed any quantity of alcohol. A peace officer who has probable cause to believe that a person has committed the offense of minor operating a vehicle after consuming alcohol may

(1) place the person under arrest;

(2) request that the person submit to a chemical test or tests of the person's breath for the purpose of determining the alcoholic content of the person's blood or breath; and

(3) transport the person to a location at which a chemical or other test authorized under (2) of this subsection may be administered.

(b) If a chemical test under this section reveals any alcohol concentration within the person's blood or breath, the person shall be cited for violating this section and then released unless there is a lawful reason for further detention. A person who is 18 years of age or older shall be released on the person's own recognizance. A person who is under the age of 18 shall be released to a parent, guardian, or legal custodian.

(d) The offense of a minor operating a vehicle after consuming alcohol is an infraction.