05/22/2026
🚨 Alaska DUI Stops: Know Your Rights Before You’re on the Roadside
If you are stopped for suspected DUI in Alaska, it is important to understand the difference between standard field sobriety tests (SFSTs), a preliminary breath test (PBT), and the official Datamaster breath test at the police station.
✅ Field Sobriety Tests:
Walking the line, standing on one leg, following a pen with your eyes, counting backward, saying the alphabet, and similar roadside exercises are not designed to help you. They are designed to help the officer collect evidence. Do not perform these under any circumstances.
✅ Preliminary Breath Test:
The small handheld breath test on the side of the road is called a preliminary breath test. It is different from the official breath test at the police station. In Alaska, refusing the roadside preliminary breath test can have some consequences: the refusal may be used against you in a civil or criminal case, and refusal is an infraction.
That said, once you have declined field sobriety tests and the preliminary breath test, the officer may still decide they believe there is enough probable cause to make an arrest. If that happens, cooperate calmly, do not argue, say nothing beyond basic identifying information, and understand that legal problems with the stop, investigation, or arrest can be fought later in court. The roadside is not the place to litigate your case.
⚠️ Datamaster / Police Station Breath Test:
After a lawful DUI arrest, Alaska’s implied consent law applies. Refusing the official Datamaster breath test at the police station can create much more serious consequences, including driver’s license revocation, the refusal being used against you in court, and a separate criminal charge for refusal. Never refuse to perform a breath test with the Datamaster at the police station.
If you or someone you know has been charged with DUI in Alaska, contact Fulk Law to understand your options.
Legal Disclaimer: This post is for general informational purposes only and is not legal advice. Reading this post does not create an attorney-client relationship. Every case is different, and you should consult with an attorney about your specific situation.