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

In Alaska, operating under the influence (OUI), which some people call "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:

• 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.

(Alaska Stat. § 28.35.030 (2025).)

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 vehicle's driver's seat, 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 Stat. § 28.90.990 (2025); State, Department of Public Safety, Division of Motor Vehicles v. Conley, 754 P.2d 232 (Alaska 1988).)

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.

Penalties for a 1st DUI Conviction in Alaska

A first DUI conviction in Alaska generally carries:

• 72 hours to one year in jail
• $1,500 to $25,000 in fines
• a 90-day license suspension,
• and a six-month ignition interlock device (IID) requirement.

For first offenders, it's possible to serve jail through house arrest. (Alaska Stat. §§ 28.15.181, 28.35.030 (2025).)

Penalties for a 2nd DUI Conviction in Alaska

A second DUI conviction in Alaska generally carries:

• 20 days to one year in jail
• $3,000 to $25,000 in fines
• a one-year license suspension,
• and a 12-month IID requirement.

Judges can order second offenders to serve their jail time on house arrest. (Alaska Stat. §§ 28.15.181, 28.35.030 (2025).)

Penalties for a 3rd DUI Conviction in Alaska

A third DUI conviction in Alaska generally carries:

• 60 days to one year in jail
• $4,000 to $25,000 in fines
• a three-year license suspension,
• and an 18-month IID requirement.

For third offenders, serving jail time through house arrest generally isn't an option. (Alaska Stat. §§ 28.15.181, 28.35.030 (2025).)

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. (Alaska Stat. § 28.15.201 (2025).)

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 suspension before applying for an IID license. (Alaska Stat. § 28.15.201 (2025).)

Alaska's Felony OUI/DUI Penalties

In some circumstances, an Alaska OUI can be a felony. For felony 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. (Alaska Stat. § 28.35.030 (2025).)

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

(Alaska Stat. §§ 12.55.035, 12.55.125, 28.35.030 (2025).)

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. (Alaska Stat. § 28.15.201 (2025).)

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 Stat. § 28.35.030 (2025).)

Alaska's Underage OUI/DUI Laws

Alaska prohibits drivers who are younger than 21 years old from having any measurable amount of alcohol in their system while driving. A motorist younger than 21 who refuses to submit to a test or who produces a measurable amount of alcohol will face the same penalties as a minor OUI. (Alaska Stat. §§ 28.35.280, 28.35.285 (2025).)

The penalties for a minor OUI are below.

(Alaska Stat. §§ 28.15.183, 28.35.280, 28.35.285 (2025).)

Getting Help From an Alaska DUI Attorney

If you've been arrested for driving under the influence in Alaska, you should get in contact with a qualified DUI lawyer. The consequences of a DUI conviction are severe. So having an experienced attorney's help is important.