Alaska Drugged Driving Law
Learn about the laws and penalties for driving under the influence of drugs (DUID) in Alaska.
Alaska’s drugged driving law is found at Section 28.35.030 of the Alaska code. It states that a person commits the crime of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates or drives a motor vehicle or operates an aircraft or a watercraft “while under the influence of an alcoholic beverage, intoxicating liquor, inhalant, or any controlled substance, singly or in combination.”
In Alaska it’s a crime to drive while impaired from drug use. No blood testing standard is established in Alaska – that is, there is no fixed amount of drugs within the blood system that determines conviction. Whether a driver is impaired is determined on a case-by-case basis and at the discretion of the prosecutor.
What drugs are prohibited?
Alaska’s drugged driving law is directed at the prohibition of controlled substances -- that is, any drug or chemical regulated by the government. A listing of controlled substances regulated by federal law are found at the Drug Enforcement Administration website. It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the controlled substance.
What happens if a driver is convicted of drug impaired driving in Alaska?
A driver arrested for drugged driving in Alaska will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about Alaska’s DUI laws.
Do Alaska drivers have to submit to drug testing?
There is no implied consent rule for blood and urine drug testing unless the driver has been involved in an accident. The refusal to take the test can be admitted into evidence against the driver.