BAC Testing Refusal

Refusing to Comply With a BAC Test

Let Our Anchorage DUI Attorney Successfully Handle Your Case

Upon being arrested for a DUI you may be asked to perform a blood, breath, or urine test. You may be wondering, did I have a choice? What if I refused? According to Alaska’s implied consent law, you are required to take a breath or blood test if you are arrested for a DUI.

The arresting officer must establish probable cause to assume that you have been operating a motor vehicle under the influence of alcohol or drugs. Upon determining probable cause, you automatically consent to take a blood alcohol chemical (BAC) test. If you are involved in a motor vehicle accident which causes serious bodily injury or death, then you consent to a urine test as well.

BAC Testing Refusal Penalties

If you refuse to take the test, the penalties according to the number of offenses include:

  • First offense – misdemeanor
    • 72 hours or more in jail
    • $1,500 or more in fines
    • Driver’s license revocation for 90 days
    • Ignition Interlock Device (IID) for one year
  • Second offense – misdemeanor
    • 20 days or more in jail
    • $3,000 or more in fines
    • Driver’s license revocation for one year
    • IID for two years
  • Third offense (one or both priors outside of 10 years) – misdemeanor
    • 60 days or more in jail
    • $4,000 or more in fines
    • Driver’s license revocation for three years
    • IID for three years
  • Third offense (both prior convictions within past 10 years) – felony
    • 120 days or more in jail
    • $5,000 or more in fines
    • Driver’s license revocation for life
  • Fourth offense (at least two priors outside of 10 years) – misdemeanor
    • 120 days or more in jail
    • $5,000 or more in fines
    • Driver’s license revocation for five years
    • IID for entire period of probation
  • Fourth offense (at least two prior convictions within the past 10 years) – felony
    • 240 days or more in jail
    • $10,000 or more in fines
    • Driver’s license revocation for life

Reach Out to Denali Law Group Today

If you have been arrested for a DUI in Alaska, contact our experienced and skilled Anchorage DUI attorney today. With our legal team on your side, we can help you get your life back on track.

At Denali Law Group, we are dedicated to helping our clients get their DUI charges significantly reduced or their case entirely dismissed. With over 75 years of experience, our Anchorage DUI attorneys possess a comprehensive understanding of Alaska’s legal system in order to help you navigate through the complexities of the laws.

Contact our firm and schedule your confidential consultation today.

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