Alaska has a zero-tolerance law for drivers under the age of 21
Here’s a sobering statistic:
Despite being one of the least populated states in the country, Alaska has the 6th most arrests for driving under the influence in the nation.
So, if you're wondering whether you should have just one more drink before driving home, the answer is almost certainly: no.
What is driving under the influence?
Driving under the influence (DUI) refers to the act of operating a motor vehicle or aircraft or watercraft while affected by alcohol or drugs.
A person is guilty of a DUI in Alaska if the results of their breath or blood test show any of the following:
- A blood-alcohol content (BAC) of .08% or higher for adults (21 and over)
- Any detectable amount of alcohol for minors (under 21)
- A BAC of .04% or higher for commercial vehicle drivers
Even if you consumed less than the legal limit, you could still be charged with a DUI if you’re appreciably affected by alcohol or drugs while operating a motor vehicle.
Evidence that may be used to support a decision that a person is appreciably affected by alcohol or drugs may include the following:
- Erratic driving
- Poor performance on a field sobriety test
- Slurred speech
- Odd behavior
- An admission of being impaired
| The effects of blood alcohol concentration (BAC) | ||
|---|---|---|
| BAC | Typical effects | Predictable effects on driving |
| .02 | Some loss of judgment, relaxation, slight body warmth, altered mood | A decline in visual functions (rapid tracking of a moving target) and a decline in the ability to perform 2 tasks at the same time |
| .05 | Exaggerated movement, some loss of small-muscle control (e.g., focusing your eyes), impaired judgment, lowered alertness, the release of inhibition | Reduced coordination, reduced ability to track moving objects, difficulty steering, reduced response to emergency driving situation |
| .08 | Muscle coordination becomes poor (e.g., balance, speech, vision, reaction time, and hearing), harder to detect danger; judgment, self-control, reasoning, and memory are impaired | Concentration, short-term memory loss, speed control, reduced information processing capability (e.g., signal detection, visual search), impaired perception |
| .10 | Clear deterioration of reaction time and control, slurred speech, poor coordination, and slowed thinking | Reduced ability to maintain lane position and brake appropriately |
| .15 | Far less muscle control than normal, vomiting may occur (unless this level is reached slowly or a person has developed a tolerance for alcohol), major loss of balance | Substantial impairment in vehicle control, attention to driving task, and in necessary visual and auditory information processing |
| Source: National Highway Traffic Safety Administration | ||
Alaska’s implied consent laws
When you make a choice to drive on Alaska’s roads, you implicitly consent to the testing of your blood, breath, and urine. If you're a minor, your parents or guardians are considered to have given consent.
Before administering a blood, breath, or urine test, the administering officer must inform you that you’re legally obligated to take the test, and that refusal to take the test is a crime.
If you refuse to submit to a blood, breath, or urine test in Alaska, you face the following minimum penalties:
| Offense | Jail | Fine | License revocation | Ignition interlock device |
|---|---|---|---|---|
| First offense | 72 hours | $1,500 | 90 days | 6 months |
| Second offense | 20 days | $3,000 | 1 year | 12 months |
| Third offense | 60 days | $4,000 | 3 years | 18 months |
It’s important to remember that the penalties listed above are in addition to any penalties received for a DUI conviction, which is a likely outcome considering your refusal to take a breathalyzer can be used as evidence to support a DUI conviction.
Penalties for driving under the influence in Alaska
The penalties for a DUI conviction in Alaska depend largely on whether you have any prior offenses. What’s more, depending on when the prior offenses occurred, a third or subsequent DUI may be charged as a felony, resulting in a higher mandatory minimum jail sentence, fine, and other penalties.
Here are the minimum penalties:
| Offense | Jail | Fine | License revocation | Ignition interlock device |
|---|---|---|---|---|
| First offense | 72 hours | $1,500 | 90 days | 6 months |
| Second offense | 20 days | $3,000 | 1 year | 12 months |
| Third offense | 60 days (120 days if charged as felony) | $4,000 ($10,000 if charged as felony) | 3 years (10 years if charged as felony) | 18 months (60 months if charged as felony) |
| Fourth offense | 120 days (240 days if charged as felony) | $5,000 ($10,000 if charged as felony) | 5 years (10 years if charged as felony) | 60 months |
| Fifth offense | 240 days (360 days if charged as felony) | $6,000 ($10,000 if charged as felony) | 5 years (for life if charged as felony) | 60 months |
| Sixth offense | 360 days | $7,000 ($10,000 if charged as felony) | 5 years (for life if charged as felony) | 60 months |
In 2019, the most recent year for which data is available, 2,855 people were arrested for driving under the influence in Alaska. Of those arrested, 22 were under the age of 18.
Alaska’s dram shop laws
Dram shop laws (named for the 18th century way of measuring alcohol) hold establishments that sell alcohol (restaurants, bars, theaters, etc.) responsible for serving intoxicated patrons who later cause an accident.
Alaska’s dram shop law can be found in Alaska Statutes Section 04.21.020. The law states that an establishment will be liable for damages caused by an intoxicated patron if the following two conditions are met:
- The person who provides the alcohol holds an alcohol license or is an agent or employee of such a licensee.
- The alcohol was provided to a person under the age of 21 or a person who was visibly or perceivably drunk.
Here’s an example to show how Alaska’s dram shop law works.
Henry stumbles into the Mongoose Tavern in Anchorage, Alaska. The bartender, Chip, watches Henry stumble up to the bar. He hears Henry slur his words when he orders a drink. Chip nevertheless serves Henry and turns his attention to the other customers.
Sometime later, Henry drives home from the bar. On the way home, he runs a red light and crashes into a Ford pickup driven by Amanda. Amanda suffers a traumatic brain injury as a result of the accident.
Under Alaska’s dram shop laws, Amanda could sue both Henry and the Mongoose Tavern for the damages caused by the crash.
Although Alaska’s dram shop laws only apply to establishments that sell alcohol, social hosts (for example, parents hosting a child’s graduation party) can face criminal charges if they knowingly provide alcohol to anyone who’s under the age of 21. What’s more, such hosts can be held liable for civil damages if the minor injures themselves or someone else as a result of the intoxication.
Alaska’s good samaritan law
The number one reason an individual doesn’t call 9-1-1 during a medical emergency is fear of police involvement. As a response to this unfortunate reality, Alaska enacted a “good samaritan” law.
Here’s how the law works. If an underage individual consumes or is in possession of alcohol illegally, they will NOT face any criminal consequences if medical assistance is sought for themselves or another person who was in a state of emergency as a result of consumption.
How does a DUI impact a personal injury claim?
If you’re injured in a car accident caused by a drunk driver, you can file an insurance claim as you would in any other car accident. If the driver is uninsured or your damages exceed their policy limits, you’ll need to file a personal injury claim against the drunk driver.
Proving that an intoxicated driver caused your accident is usually as simple as obtaining a police report indicating that the driver was intoxicated. If liability is contested, you may need to hire a personal injury attorney to help develop and prove your case.
Still have questions about your drunk driving accident? The following resources may help:
- Initial consultations with personal injury lawyers
- The 8 basic steps to every personal injury lawsuit
- Dealing with insurance claims adjusters
- Life after your accident
See our guide Choosing a personal injury attorney.