Alaska is one of only perhaps two states nationwide that criminalize refusal to submit a breath sample. In all other states, while you can lose your license administratively with DMV for refusing to provide a breath sample, it isn’t a crime.


In Alaska, the criminal penalties are the same as for DUI. In addition, you may not obtain a limited/unlimited license.


Refusal takes two forms: The intentional ‘I’m not going to give you a breath sample,’ and what I have termed ‘constructive refusal,’ when a person attempts to provide a sample but the police officer believes the person is faking it.