An adult driver in Alaska with a blood alcohol concentration (BAC) exceeding 0.08% can be arrested on drunk driving charges. This legal limit is what police look for when administering a breath test or using a breathalyzer.
While it is true that a driver can still be arrested if impaired, even with a BAC under this limit, in practicality, the results of a failed breath test are one of the primary pieces of evidence authorities rely on.
However, it is crucial to note that this legal limit applies only to adult drivers who are 21 years old and older, as the legal drinking age in Alaska—and across the United States—is 21.
Zero-tolerance laws
For drivers under the age of 21, Alaska enforces zero-tolerance laws. These laws set a legal limit of 0.00% BAC for underage drivers. Since individuals under 21 are not legally allowed to purchase or consume alcohol, even a trace amount of alcohol in their system while driving can result in DUI charges.
This can create complications in certain situations. For example, a teenager at a party may unknowingly consume a spiked drink. Even if they only have half a drink before they leave the party, they could still fail a breath test with a BAC as low as 0.01%. It does not take a full drink to reach that level, and they could face DUI charges despite not considering themselves impaired.
Cases like this can be complex, and it is important for any driver facing DUI accusations to understand their legal defense options—especially underage drivers, as it could dramatically impact their future.