Alaska's DUI/OUI Laws and the Penalties for a 1st, 2nd, and 3rd Offense

Learn about the penalties for a first, second, and third OUI conviction in Alaska.

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In Alaska, operating under the influence (OUI), which some people called "driving under the influence" or "DUI," can lead to serious consequences. In most cases, an OUI can result in jail time, fines, and the loss of driving privileges.

This article explains how Alaska defines OUI and the penalties you'll face for a first, second, and third conviction.

How Alaska Law Defines OUI/DUI

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

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 to 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's Misdemeanor OUI/DUI Penalties

Alaska OUI penalties vary based on the circumstances of the case, including how many prior convictions the offender has.

How Long DUI/OUI Convictions Stay on Your Record in Alaska

For purposes of determining whether an OUI is a first or subsequent offense, all priors within the past 15 years are counted.

Jail Time, Fines, License Suspension, and Ignition Interlocks for Alaska OUI/DUI Offenses

Here is what the potential sentences generally look like for a first, second, and third misdemeanor OUI. (Under the circumstances discussed below, a third offense can be a felony and carry more serious penalties.)

1st Offense

2nd Offense

3rd Offense

Jail

72 hours to 1 year

20 days to 1 year

60 days to 1 year

Fines

$1,500 to $25,000

$3,000 to $25,000

$4,000 to $25,000

License Suspension

90 days

1 year

3 years

Ignition Interlock Device (IID)

6 months

12 months

18 months

Alaska's House Arrest Option for OUI Offenders

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

Getting a Restricted IID License in Alaska

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 the 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's Felony OUI/DUI Penalties

In some circumstances, an Alaska OUI can be a felony. For felon offenses, the penalties are more severe.

What's Considered a Felony OUI/DUI in Alaska

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

Prison Time, Fines, License Revocation, and IIDs for Alaska Felony OUI/DUI Offenses

Two Priors

Three Priors

Four Priors

Prison

120 days to 5 years

240 days to 5 years

360 days to 5 years

Fines

$10,000 to $50,000

$10,000 to $50,000

$10,000 to $50,000

License Revocation

Permanent

Permanent

Permanent

IID

60 months

60 months

60 months

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.

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.

Alaska's Underage OUI/DUI Laws

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.

1st Offense

2nd Offense

3rd Offense

Community Service

20 to 40 hours

40 to 60 hours

60 to 80 hours

Fines

$500

$1,000

$1,500

License Revocation

30 days

60 days

90 days

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You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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