Alaska's OUI (operating under the influence) 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 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 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.
|
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 |
|
6 months |
12 months |
18 months |
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.
An OUI in Alaska becomes a class 3 felony when the offender has at least two prior OUI convictions within the last ten years.
|
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 |
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.
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 |
Third 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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