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.
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 OUI penalties vary based on the circumstances of the case, including how many prior convictions the offender has.
For purposes of determining whether an OUI is a first or subsequent offense, all priors within the past 15 years are counted.
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.)
|
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 |
For first and second offenses, serving jail time on house arrest may be an option.
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.
In some circumstances, an Alaska OUI can be a felony. For felon offenses, the penalties are more severe.
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 |
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 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 |