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What Happens if I Refuse a Breathalyzer Test in Alaska?

Implied Consent in Alaska

According to state law, you are required to take a breath or blood test if you are arrested for a DUI/OUI. Alaska’s “implied consent” law states that if you are lawfully arrested by a police officer who possesses probable cause to believe that you have been driving under the influence alcohol or drugs, then you automatically consent to take a breathalyzer test in order to determine your blood alcohol content (BAC)

Furthermore, this law extends to consenting to take a preliminary breath test, even if you were not arrested yet. Law enforcement officials may administer a preliminary breath test if you are involved in a collision, break a traffic law, or have an open container of alcohol where you or passengers could consume it.

Upon arrest, the officer should inform you that if you refuse to take the test, you driver’s license can be automatically suspended and that your refusal could be used against you in court. In addition, refusal is considered a criminal offense punishable by both jail time and fines.

The following are the penalties for refusing to take a breathalyzer test in Alaska:

  • First offense
    • Three days in jail
    • Fines of up to $1,500
    • Mandatory ignition interlock device installation
  • Second offense
    • 20 days in jail
    • Fines of up to $3,000
    • Mandatory ignition interlock device installation
  • Third offense
    • 60 days in jail
    • Fines of up to $4,000
    • Mandatory ignition interlock device installation

If you were recently arrested for a DUI/OUI, request a free case evaluation with our Anchorage DUI attorney at Denali Law Group today.

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At Denali Law Group, we are dedicated to protecting the rights of all Alaskans, and we keep your best interest in mind at all times. With two law offices, one in Matanuska Valley and one in Anchorage, we serve clients throughout Alaska.

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