DUI Penalties
AS 28.35.030 — 0.08, 72 consecutive hours and $1,500 the first time, a class C felony on a third in 10 years
A person commits DUI by driving a motor vehicle, or operating an aircraft or a watercraft, while under the influence of alcohol, an inhalant or a controlled substance, or with a chemical test within four hours showing 0.08 percent or more of alcohol in the blood, or 0.08 grams or more per 210 liters of breath.
Who handles this in Alaska: Alaska Bar Association Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alaska directory.
| Earlier convictions | Jail at least | Fine at least | Interlock afterward |
|---|---|---|---|
| Earlier convictionsNone | Jail at least72 consecutive hours | Fine at least$1,500 | Interlock afterwardSix months |
| Earlier convictionsOne | Jail at least20 days | Fine at least$3,000 | Interlock afterward12 months |
| Earlier convictionsTwo | Jail at least60 days | Fine at least$4,000 | Interlock afterward18 months |
| Earlier convictionsThree | Jail at least120 days | Fine at least$5,000 | Interlock afterward24 months |
| Earlier convictionsFour | Jail at least240 days | Fine at least$6,000 | Interlock afterward30 months |
| Earlier convictionsMore than four | Jail at least360 days | Fine at least$7,000 | Interlock afterward36 months |
DUI is a class A misdemeanor, and the court may not suspend the minimum or grant probation unless it is served.
The felony. A DUI is a class C felony when the person has two or more earlier convictions since January 1, 1996, and within the 10 years before, or was sentenced for felony DUI or felony refusal in the last 10 years. The fine is at least $10,000, with 60 months of interlock and at least 120 days of jail.
After a DUI, refusal or driving while revoked conviction, the vehicle, aircraft or boat involved may be forfeited after a hearing, and some convictions require it.
Sources for this section (2)
- AS 28.35.030 — Operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance
- AS 28.35.036 — Forfeiture of vehicle, aircraft, or watercraft
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alaska attorney.