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Your Phone Behind the Wheel

AS 28.35.161 — no reading or typing texts while moving, and a felony if it injures someone

A person commits a crime by driving while reading or typing a text or other non voice message on a phone, computer or similar device in view of the driver while the vehicle is moving, or while a screen in full view of the driver is operating.

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Who handles this in Alaska: Alaska Bar Association Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alaska directory.

  • A phone used for voice calls or showing who is calling.
  • A screen showing only audio controls, vehicle information, navigation, maps, or cameras for maneuvering or watching passengers.
  • AS 28.35.161
The drivingThe offense
The drivingCauses no injuryThe offenseA violation
The drivingCauses physical injuryThe offenseClass C felony
The drivingCauses serious physical injuryThe offenseClass B felony
The drivingCauses a deathThe offenseClass A felony
  • AS 28.35.161

Installing or altering a screen so the driver can watch it while driving is a class A misdemeanor. A city may regulate cell phone use while driving by its own ordinance as well.

  • AS 28.35.161
  • AS 28.01.017
Sources for this section (2)
  1. AS 28.35.161 — Use of electronic devices while driving; unlawful installation of television, monitor, or similar device
  2. AS 28.01.017 — Municipal regulation of cellular telephone use

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alaska attorney.

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