What happens to you if you are arrested for a DUI in Alaska? What is the blood alcohol content (BAC) for someone aged 21 or older? Under 21? Commercial drivers? Do you have to have an ignition interlock device (IID) installed for a first time offense? The answer to these questions and more are posted below.
Consequences for Refusing to Take Chemical Tests
Alaska is an implied consent state, so while you can refuse to take chemical tests, you are penalized for doing so:
- First offense – mandatory IID installation, monetary fines up to $1,500, and three days in jail
- Second offense – mandatory IID installation, monetary fines up to $3,000, and 20 days in jail
- Third offense – mandatory IID installation, monetary fines up to $4,000, and 60 days in jail
Challenging BAC Levels in Court
When arresting someone for a DUI, officers have a very specific protocol to gather evidence and process chemical tests. If these protocols are not followed to the letter, the results can be called into question. Because most states have very stiff fines and penalties in place for refusing to take the tests, you may decide to let your attorney challenge the tests in court rather than automatically accept the penalties for refusal. All BAC levels are listed below:
- Drivers that are 21 years or older, .08 percent
- Drivers under the age of 21, .00 percent, zero tolerance state
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in Alaska?
If you are arrested in Alaska, you will go to jail for any DUI arrest and conviction.
- First time offenders – minimum of 72 hours in jail
- Second time offenders – minimum of 20 days in jail
- Third time offenders – minimum of 60 days and a maximum sentence of 120 days
- Fourth time offenders – minimum of 90 days with a maximum sentence of 120 days
- Fifth time offenders – minimum of 240 days with a maximum of 360 days
Monetary Fines and Penalties for DUI in Alaska
Compared to other states, Alaska has some of the highest monetary fines for DUI convictions:
- First offense – $1,500 fine
- Second offense – $3,000 fine
- Third offense – fines ranging from $4,000 to $10,000
- Fourth offense – fines ranging from $5,000 to $10,000
- Fifth offense – fines ranging from $6,000 to $10,000
License Suspension for DUI in Alaska
There is a mandatory suspension for all DUI convictions in Alaska:
- First offense – minimum of 90 days suspension
- Second offense – minimum of one-year suspension
- Third offense – minimum of three-year suspension
- Fourth offense – minimum of five-year suspension
- Fifth offense – minimum of five-year suspension
Finding a DUI Attorney in Alaska
If you are arrested and in need of a DUI attorney in Alaska, please fill out the free evaluation form. Take advantage of the resources on the website to find local attorneys as well as being able to submit your case details for a free case evaluation.
Learn More: Getting Legal Help for your Alaska DWI