In Alaska, it is illegal to operate a motor vehicle if your blood alcohol content (BAC) is 0.08 or more. If you’re a person operating a commercial vehicle, it is illegal if your blood alcohol content (BAC) is 0.04 or more. If you’re a person under the age of 21, it is illegal if your blood alcohol content (BAC) is 0.02 or more.
First DUI Offense
Your first DUI offense in Alaska is a misdemeanor. At the time of your arrest, the police officer will immediately suspend your license and give you a “Notice and Order of Revocation.” This will serve as a temporary driver’s license for seven days. If you want to prevent your driver’s license from being suspended for 90 days, you or your DUI attorney needs to request an administrative hearing within the seven day period following your arrest. The administrative hearing doesn’t take place in a court, but it is still recommended to have your DUI attorney represent you at the hearing. Once convicted, you will get between a minimum of 72 hours and a maximum of 1 year of prison time depending on the circumstances. You will also be required to pay a minimum fine of $1,895 (consisting of a $1,500 minimum fine, a $270 incarceration charge, and a $125 surcharge). The last requirement for your first time offense will be to attend Alaska DUI School, or a substance abuse program. An approved list of these programs will be supplied by the court.
Second DUI Offense
Your second DUI offense in Alaska within a ten year period is a Class A misdemeanor. You will face a license suspension for 1 year. It is unlikely that you will be granted a limited license for your second offense. You will also be sentenced to a jail term of no less than 20 days and up to 365 days in a county or municipal jail. You will also be required to pay a minimum fine of $4,125 (consisting of $3,000, $1,000 cost of incarceration fee, and a $125 surcharge). The last requirement for your first time offense will be to attend Alaska DUI School, or a substance abuse program. An approved list of these programs will be supplied by the court.
Third DUI Offense
Your third DUI offense in Alaska in is a Class C Felony if it occurs within 10 years of the second DUI conviction. If it doesn’t occur within 10 years of your second offense, it is a misdemeanor offense. You will face a lifetime driver’s license revocation if you are convicted of a Class C Felony DUI. Thus, you will never be able to operate a motor vehicle legally in the United States for the rest of your life. If it is a third offense misdemeanor DUI conviction, you will face a 3 year license suspension. For a third offense Class C Felony DUI, you will be sentenced to a minimum of 120 days to a maximum of 5 years of prison time. For a third offense misdemeanor, you will be sentenced to a jail term of no less than 60 days and up to 365 days in a county or municipal jail. For a Class C Felony DUI conviction, you will be required to pay a minimum fine of $10,000 plus a $200 surcharge. For a third offense misdemeanor conviction, you will be required to pay a minimum fine of $5,125 (consisting of a $4,000 minimum fine, a $1,000 cost of incarceration, and a $125 surcharge). The last requirement for your first time offense will be to attend Alaska DUI School, or a substance abuse program. An approved list of these programs will be supplied by the court.
Fourth DUI Offense
Your fourth DUI offense in Alaska is a Class C felony if it occurs within 10 years of the third offense. If it doesn’t occur within 10 years of your third offense, it is a misdemeanor offense. You will face a lifetime driver’s license revocation if you are convicted of a Class C Felony DUI. Thus, you will never be able to operate a motor vehicle legally in the United States for the rest of your life. A fourth DUI Class C Felony offense will also result in an immediate vehicle forfeiture. If it is a fourth offense misdemeanor DUI conviction, you will face a 5 year license suspension. For a fourth offense Class C Felony DUI, you will be sentenced to a minimum of 240 days to a maximum of 5 years of prison time. For a fourth offense misdemeanor, you will be sentenced to a jail term of no less than 120 days and up to 365 days in a county or municipal jail. For a Class C Felony DUI conviction, you will be required to pay a minimum fine of $10,000 plus a $200 surcharge. For a fourth offense misdemeanor conviction, you will be required to pay a minimum fine of $6,125 (consisting of a $5,000 minimum fine, a $1,000 cost of incarceration, and a $125 surcharge). Lastly, you will be required by the court to attend a court approved Alaska DUI school, or an Alaska substance abuse program. Failure to complete the Alaska DUI school/substance abuse program will cause the driver’s license not to be reinstated.
Fifth DUI Offense (or any subsequent DUI)
Your fifth DUI offense (or any subsequent DUI offense) in Alaska is a Class C felony if it occurs within 10 years of the fourth offense. If it doesn’t occur within 10 years of your fourth offense, it is a misdemeanor offense. You will face a lifetime driver’s license revocation if you are convicted of a Class C Felony DUI. Thus, you will never be able to operate a motor vehicle legally in the United States for the rest of your life. A fifth DUI Class C Felony offense will also result in an immediate vehicle forfeiture. If it is a fifth offense misdemeanor DUI conviction, you will face a 5 year license suspension. For a fifth offense Class C Felony DUI, you will be sentenced to a minimum of 360 days to a maximum of 5 years of prison time. For a fifth offense misdemeanor, you will be sentenced to a jail term of no less than 240 days and up to 365 days in a county or municipal jail. For a Class C Felony DUI conviction, you will be required to pay a minimum fine of $10,000 plus a $200 surcharge. For a fifth offense misdemeanor conviction, you will be required to pay a minimum fine of $7,125 (consisting of a $5,000 minimum fine, a $1,000 cost of incarceration, and a $125 surcharge). Lastly, you will be required by the court to attend a court approved Alaska DUI school, or an Alaska substance abuse program. Failure to complete the Alaska DUI school/substance abuse program will cause the driver’s license not to be reinstated.