Alaska Drunk Driving Laws, Penalties, and Consequences

Alaska's OUI (operating under the influence) laws prohibit the operation or actual physical control of a motor vehicle, watercraft, or aircraft:

• with a blood alcohol concentration (BAC) of .08% or more, or
• while under the influence of (actually impaired by) controlled substances, alcohol, or a combination of both.

A person doesn't need to be actually driving to be in "actual physical control" of a vehicle. Actual physical control simply requires the person be in the driver's seat of the vehicle, behind the steering wheel, in possession of the ignition key, and in such condition that he or she is physically capable of starting the engine and putting the vehicle in motion.

Alaska Misdemeanor OUI Penalties

Alaska DUI penalties vary based on the circumstances of the case and how many prior convictions the offender has. Here is what the potential sentences generally look like for a first, second, and third misdemeanor OUI. For purposes of determining whether an OUI is a first or subsequent offense, all priors within the past 15 years are counted.

House arrest. For first and second offenses, serving jail time on house arrest may be an option.

IID license. After the first 30 days of license suspension, a driver can apply for an IID license to drive to and from work with an IID installed. The applicant must provide a certificate of employment and proof of participation in or completion of substance abuse treatment. Violating conditions of the treatment program or court orders can result in revocation of the IID license. On a second or subsequent OUI, the driver must complete 90 days of the suspension before applying for an IID license.

Alaska Felony OUI Penalties

An OUI in Alaska becomes a class 3 felony when the offender has at least two prior OUI convictions within the last ten years.

IID license. While a felony OUI results in indefinite license revocation, the driver can still apply for an IID license to drive to and from work after completing six months of addiction treatment.

License reinstatement. Depending on the length of revocation served and the completion of alcohol treatment, a driver may be eligible to apply for license reinstatement. For those who do get their license reinstated, there's a 60-month IID restriction.

Underage OUI

Alaska prohibits drivers who are under the age of 21 years old to have any measurable amount of alcohol in their system while driving. A driver who refuses to submit to a test or who produces a measurable amount of alcohol will be cited for a minor OUI and released.