DUI/DWI cases in Alaska can be prosecuted under 2 theories; a direct violation of the state's "per se" laws where a person's blood or breath alcohol level exceeds .08% or higher, or by driving while impaired, something that can be determined by driving patterns, field sobriety tests, and chemical test results.

Under Alaska DWI law, if one is accused of driving while impaired they must face 2 cases; first the court case, and then the DMV (Division of Motor Vehicles) case.

In the court case, the punishment of the defendant is determined and can range from jail time and fines, to manditory substance abuse program completion and ignition interlock devices.

DUI offenses in the state of Alaska are generally treated as misdemeanors unless it is a 3rd or subsequent offense or if bodily harm is caused. In this case the charge maybe upgraded to a felony.

The DMV case will determine whether or not the defendant will lose their license or not and depends on the amount of prior arrests that are due to DUI. Surprisingly, a person can lose their right to drive in the state of Alaska even if they are cleared of wrong doing in the court case which preceeds the DMV case.

If a person has no prior DUI offenses or have no refusal to a breath test, they can lose their lisence for up to 90 days. For 1 prior conviction or refusal, one's lisence can be revoked for up to 1 year. For 2 prior convictions, a person loses their lisence for up to 3 years. For 3 or more convictions, a 5-year revoke of one's lisence is carried out.

A person must request a DMV hearing within 7 days of their DUI arrest.