Alaska Drunk Driving Laws, Penalties, and Consequences

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

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 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.

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

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.

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.

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.

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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