A third-offense DUI in Alaska (also called "operating under the influence" or "OUI") can be charged as a misdemeanor or felony, depending on the recentness of the prior offenses. Thus, the jail, fines, and license penalties can vary greatly. This article outlines the different charges and the possible penalties you'll face if convicted of a third-offense DUI in Alaska.
A DUI violation in Alaska will be charged as a third-offense misdemeanor if the offender has two prior offenses and at least one of the prior offenses occurred more than ten years ago. Convictions more than 15 years old aren't counted at all. For example, a DUI charge will be a misdemeanor if your two priors occurred four years and 12 years ago.
Jail time. A third DUI conviction in Alaska carries 60 days to one year in jail. The mandatory 60 days can be served under house arrest if the court and the commissioner of corrections approve.
Fines. A person who's convicted of a third DUI must pay a mandatory fine of $4,000 to $25,000. The court can also order up to $2,000 for imprisonment cost reimbursement.
Vehicle. Additionally, the court can order the driver's vehicle to be forfeited and sold.
Driver's license. The driver's license will be revoked for three years following a misdemeanor third-DUI violation. After the driver's license is reinstated, the offender must use an ignition interlock device (IID) for an additional 18 months. Some drivers are eligible for a hardship license to get to and from work with the use of an IID during the revocation period.
Treatment. All DUI offenders must complete a drug and alcohol evaluation. The court will use the evaluation results to decide whether to order substance abuse education, treatment, or other programs.
A DUI violation in Alaska will be charged as a third-offense felony if the offender has two prior DUI convictions within the last ten years.
Prison time. A third-offense felony carries 120 days to five years in jail with no option for house arrest.
Fines. The offender will be fined $10,000 to $50,000, plus court costs and other applicable fees.
Vehicle. The vehicle used in the commission of the DUI will be forfeited and sold. The court will also order that the registration for all other vehicles owned by the offender be revoked.
Driver's license. For a felony third-offense DUI, the driver's license will be permanently revoked. A revoked driver can apply for reinstatement after ten years. If driving privileges are restored, the motorist must use an IID for at least 60 months.
A revoked driver may be eligible for a hardship license but must complete a six-month treatment program, install an IID, and not have any prior hardship license violations.
Treatment. A felony DUI still requires an alcohol and drug evaluation, which will be reviewed by the court. However, the court can—as a condition of probation or jail—require the offender to take medication intended to prevent the consumption of alcohol.
Whether a felony or a misdemeanor, a third DUI charge is life-altering. Consult with an attorney regarding possible outcomes and how to best handle your case.