Resources / Alaska

    Alaska DUI Statutes: The Code Sections That Control Your Case

    The Alaska DUI statutes — the code sections, implied-consent law, BAC limits and first-offense sentencing ranges, cited to the official code.

    The statutes that control Alaska DUI cases

    DUI in Alaska is defined by Alaska Stat. § 28.35.030, and the chemical-testing rules sit in Alaska Stat. § 28.35.031. Both are published in the official state code at akleg.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

    Alaska official code — DUI statute

    Statutory text, definitions, BAC thresholds and sentencing ranges.

    Implied-consent provision

    What refusing a breath, blood or urine test costs you.

    Statute at a glance

    Alaska DUI law at a glance

    Sourced from the Alaska code and state agency sites. Verify current text before relying on it.

    Offense name
    DUI (Alaska)
    Controlling statute
    Alaska Stat. § 28.35.030
    Per se BAC limit
    0.08 (0.04 CDL, 0.02 or lower under 21)
    Licence hearing deadline
    7 days after arrest
    Prior-offense lookback
    10 years
    First-offense fine
    at least $1,500
    First-offense jail exposure
    up to 1 year
    Licence suspension
    3 months
    Ignition interlock
    Required on a first offense in most cases
    High-risk filing
    SR-22 for 3 years

    A first offense carries a minimum $1,500 fine and a mandatory minimum jail term.

    First-offense exposure under Alaska Stat. § 28.35.030: at least $1,500, up to 1 year of jail exposure, and a 3 months licence suspension. A first offense carries a minimum $1,500 fine and a mandatory minimum jail term.

    What Alaska Stat. § 28.35.030 actually says

    • AS 28.35.030(a)(1) — driving a motor vehicle while under the influence of an alcoholic beverage, inhalant or controlled substance.
    • AS 28.35.030(a)(2) — driving with 0.08 percent or more alcohol in the blood, as determined by chemical test.
    • AS 28.35.030 reaches operation of vehicles, aircraft and watercraft, and covers both alcohol and controlled substances.

    Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on akleg.gov carries an effective date — amendments passed after it are not yet reflected.

    Alaska ZIP codes covered

    Counties and cities using these Alaska resources

    Other Alaska official resources

    Frequently asked questions

    What statute defines DUI in Alaska?
    Alaska Stat. § 28.35.030 is the controlling DUI statute in Alaska. You can read the current text on the official code site at akleg.gov.
    What is the Alaska implied-consent law?
    Alaska Stat. § 28.35.031 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.